Election Tribunal Turns Down APC’s Request For Subpoena

The Election Petitions Tribu
nal for April 11 House of Assembly election in Ekiti State has declined counsel to the All Progressives Congress (APC), Mr Yemi George from leading one Mr Aderemi Akinlade in evidence at the sitting of the tribunal in Ado-Ekiti, last Saturday.
The chairman of the three-man panel, Justice A Erahor, turned down the request at the resumed hearing of a petition challenging the election of Senator Fatimah Raji-Razaki of the Peoples Democratic Party (PDP).
The Tide learnt that Akinlade was subpoenaed at the request of APC and its candidate, Mr Gbenga Olafin, in the Ekiti Central senatorial District election.
Justice Erahor in a ruling held that the witness was issued with subpoena duces-tecum’ in which a witness summon is required to tender only documents and therefore, he cannot be put on oath in the witness box to give evidence.
It will be recalled that at the pre-hearing stage of the petition, counsel to the petitioners, Mr George, has caused the tribunal to issue the summon on the witness.
At the resumed hearing on weekend, George, however, told the tribunal that he wanted to put the witness on oath and lead him in evidence.
But counsel to Senator Raji-Rasaki, Mr Jude Ogodi, opposed the position of the petitioner’s lawyer on the ground that “subpoena duces-tecum” could suffice for a witness to be led in evidence.
He argued that the witness could only give evidence if he had been issued with “subpoena adtestificandum”, a writ issued by court authority to compel the attendance of a witness at a judicial proceeding.
Counsel to the Independent National Electoral Commission (INEC) and Ekiti State Resident Electoral Commissioner, Mr Akintunde Aluko supported ogodi’s argument and urged the tribunal to strike out the subpoena.
Further hearing on the petition was later adjoined to June 29.