The Osun State Governorship Election Petition Tribunal  hearing the petition of the Peoples Democratic Party , PDP, candidate in the August 9 governorship election in Osun State, Senator Iyiola Omisore  yesterday admitted in evidence as exhibit a subpoena and four sacks of ballot papers used during the election in Ilesa East local council.

Senator Omisore is challenging the result of the election won by Governor Rauf Aregbesola in 17 local councils including Ilesa East.

At yesterday’s sitting, a star witness and forensic expert in the  petition Mr Pius Bakare appeared before the Tribunal to testify.

Lead counsel to the petitioner, Dr. Alex Izinyon , SAN, leading  the forensic expert in witness tendered a subpoena and four sacks of  ballot papers tendered by the Independent National Electoral Commission INEC  but the move was objected by counsel to governor Aregbesola, Akin Olujimi SAN, All Progressives Congress APC counsel, Professor Yemi Osinbajo and counsel to INEC,Ayotunde Oginleye.

In his submission,Olujimi argued that the subpoena tendered  from the Bar by Izinyon was not a Certified True Copy CTC, hence it is not admissible before the panel.

He also told the tribunal that the forensic expert brought by the petitioner has no connection wiith the subpoena.

Besides, he also noted that there was no fact to authenticate that the  sacks of ballot papers brought to the court were produced by INEC officials.

He also noted the expert witness was not the maker of the documents and therefore cannot tender them and that certain marks were made on the subpoena which makes it inevitable for the person who made the marks  to be cross-examined

Osibajo,citing section 89 and 90 of the Evidence Acts  also  corroborated  Olujimi’s submission stating  the subpoena as a public document made by the court could only be tendered from the Bar in its original form.

He said the ballot papers should not be admitted in bulk but should be tendered one after the other adding that only INEC officials were competent  to tender the ballot papers  who in turn could be properly cross-examined.

INEC counsel  however raised no objection to the admissibility of of the subpoena  but objected to admissibility of the ballot papers on the ground that the needed foundation was not laid by the expert witness.

In its ruling however, the tribunal chairman, Justice Elizabeth Ikpejieme admitted the subpoena and the ballot papers in evidence as exhibits.

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