The election tribunal sitting in Ado-Ekiti has ordered the Resident Electoral Commissioner in Ekiti state to come and present before it documents used for the June18 governorship election.
The order was given when the tribunal ruled on an application by the lawyers of the Independent National Electoral Commission which objected a subpoena issued by the petitioners, Segun Oni and his party, the Social Democratic Party (SDP) asking the electoral umpire to come and tender materials used for the election before the tribunal.
Petitioners’ lawyer’s had responded to the application and urged the tribunal to strike out the motion objecting the subpoena.
INEC lawyer, Chris Onwugbolu, who moved the motion objecting the subpoena before the tribunal said the motion, whose grounds are on page 2 of the motion paper is accompanied with a14-paragraph affidavit.
Onwugbolu told the tribunal that INEC had filed it’s response to the counter affidavit of the petitioners as well as the reply on point of law, as he adopted both and called on the tribunal to uphold the application.
He moved the motion, tagged M12, after he withdrew an earlier one filed by the electoral umpire.
Petitioner’s lawyer, Owoseni Ajayi, who did not object to the withdrawal of M11. however asked for a cost of N20,000 from the electoral body’s Counsel.
In his short ruling, tribunal Chairman, Justice Wilfred Kpochi, struck out the withdrawn motion, as he ordered 4th respondent to pay N5,000 cost to the petitioners.
Thereafter, Onwugbolu moved motion number 12, but Petitioner’s lawyer, Owoseni Ajayi told the tribunal that they have filed their reply to the motion, as he failed to reply to the response on point of law of the 4th respondent and described the application as, ‘abnormal, contentious and obnoxious in law’ as he said the 4th respondent was merely asking the tribunal to dismiss an order it had earlier given.
He urged the tribunal to dismiss the application.
The tribunal went on break before delivering its judgment later in the day.
Arriving at its ruling after reviewing all arguments before it, the panel of judges said whatever, it has to uphold the subpoena in order to obey earlier decisions of the Supreme Court that in election petition matters, the petitioners should be allowed to sufficiently establish their case.
Tribunal chairman, Justice Wilfred Kpochi ordered parties to bear their own costs.
Meanwhile the tribunal had adjourned proceeding till Thursday, October 14, when INEC will present the election materials before it.