Tribunal dismisses suit on Sanwo-Olu’s certificate

The Lagos State Governorship Election Petition Tribunal has denied a plea by Peoples Democratic Party (PDP) governorship candidate Olajide Adediran to cross-examine his subpoenaed witness over allegations of lying in his testimony.

Clement Onwuenwunor (SAN), Adediran’s attorney, had introduced the witness, Adekanmbi Olaolu, a staff member of the West African Examination Council’s (WAEC) National Office in Lagos, who had been subpoenaed by the tribunal at his instance.

Olaolu, a legal practitioner, appeared before the tribunal on behalf of WAEC.

Contrary to the petitioner’s claims that Governor Sanwo-Olu (the second respondent) lacked a Primary School Leaving Certificate, the official presented a document containing a May/June O’ Level result with the governor’s name issued in 1982 by Ijebu Ife Community Grammar School.

The document was admitted as an exhibit by the tribunal’s three-member panel, led by Justice Arum Ashom.

However, Onwuenwunor stated that the witness’ evidence contradicted his prior findings following a search on WAEC’s online result verification portal, which reportedly indicated the lack of the governor’s names and results.

He asked the tribunal for permission to cross-examine the witness in order to attack the veracity of the WAEC official’s testimony.

However, INEC’s lawyer, Adetunji Oyeyipo (SAN), characterised the petitioner’s complaint as a tempest in a teacup in his answer.

He maintained that the witness did not make two contradicting comments.

Dr Muiz Banire (SAN), counsel to the governor and his deputy, Obafemi Hamzat, agreed with INEC’s position.

Abiodun Owonikoko (SAN), counsel of the All Progressives Congress (APC), further stated that the petitioner’s option to cross-examine the witness is barred because he had already concluded his examination with the witness.

The Labour Party (LP) and its candidate, Gbadebo Rhodes-Vivour, however, asked the tribunal to approve the petitioner’s motion, claiming that the witness was antagonistic to the truth and displaying hatred.

The panel ruled that the petitioner could not cross-examine the witness and that portal findings could not be directly linked to WAEC.

As a result, it set a new hearing date of July 4, 2023.

According to a witness, Dayo Israel, Sanwo-Olu and his wife, Ibijoke, voted with invalid card readers during the March 18 governorship election.

The tribunal subpoenaed Israel, who claimed to be the Labour Party’s (LP) agent for Unit 006, Ward 15, in Lagos Island Local Council, Lagos State.

He testified as part of a petition filed by the LP’s candidate, Gbadebo Rhodes-Vivour, to overturn Sanwo-Olu’s second term.

During his cross-examination by INEC lawyer Charles Edosomwan, Israel claimed that he was beaten up by APC supporters on election day.

He alleged that based on their language, he recognised them as APC members and that they threatened to beat up anybody who did not vote for the APC.

“I am not a Labour Party member, but I was assigned as an agent.” When the APC goons realised I was an LP agent, they assaulted me. They also stated that if electors did not vote for the APC, they would defeat them.”

Israel went on to say that four people attacked him during the election, but he escaped, changed his clothes to disguise himself, and returned to supervise the vote counting.

Earlier, Sam Okpala, another witness, informed the tribunal that the Bimodal Voter Accreditation System (BIVAS) failed on election day.