Aregbesola’s petition suffers setback

Tunde Oyekola, Osogbo - 19.02.2008

The case of the Action Congress (AC) governorship candidate in the last election in Osun State, Mr Rauf Aregbesola, suffered a major setback on Monday as the election tribunal struck out his application to introduce a forensic expert as one of his witnesses. The tribunal, in throwing out the application, said Aregbesola did not come with clean hands in the matter as he made false claims in his affidavit that the man, Adrian Forty, conducted a forensic examination of election materials as ordered by the tribunal.

The five-man panel, in its unanimous decision read by its chairman, Justice Thomas Naron, declared that from available evidence before it, it was clear that the man never participated in the examination of the materials.

It noted that although counsel for Governor Olagunsoye Oyinlola and that of INEC tendered signed lists of those who conducted the examination of the materials, Aregbesola’s lawyer never provided any contrary documentary evidence even when he replied to the statement of the other counsel.

Meanwhile, the AC said in a statement issued and signed by the Director of Publicity to Mr. Aregbesola, Mr. Gbenga Fayemiwo, that it condemned in entirety, the rejection of the application to file the statement on the results of forensic scanning carried out by the British expert.

The party said it would challenge it at the Court of Appeal.The tribunal said its order given on August 14, 2007 specifically asked Aregbesola to conduct the inspection in the premises of INEC with counsel for other parties in attendance contrary to the AC candidate’s claim that the inspection and analysis were done in the United Kingdom.

It also noted that though the petitioner listed Adrian Forty as one of his witnesses, he failed to file his written statement along with the petition in flagrant abuse of the court rules.

It added that after calling eight witnesses, the AC candidate could not introduce additional witnesses which it held would not be in the interest of justice.