Ogun: Tribunal Rejects PDP’s Plea for Witness Reexamination

James Sowole in Abeokuta

The Governorship Election Petition Tribunal sitting in Abeokuta, Ogun State, yesterday, rejected the pleas of the counsel to the Peoples Democratic Party (PDP), Mr Gordy Uche, SAN,  seeking reexamination for his witness after certain inconsistencies were discovered in her statement.

The party, had called a witness, Mrs  Shittu  Omobolanle, from Makun, Sagamu, to appear before the panel and testify in its favour based on her experience in the gubernatorial poll of March 18, 2023.

In her statement, the witness gave her Polling Unit number as 27-20-14-020, whereas, her voter’s card indicates 27-20-14-004 as her PU number. 

Counsel to Governor Dapo Abiodun, Kehinde Ogunwunmiju, SAN, pointed out the discrepancy during cross examination, when he asked her to read out the numbers on the two documents. 

Subsequently, the petitioners’ counsel, Gordy Uche, SAN, attempted to get her to explain the reasons behind the inconsistencies.

Uche  argued that  opportunity  for reexamination should be freely granted to enable his witness explain the facts behind the two numbers, citing the Evidence Act and other authorities to substantiate his stance.

In their reactions, the counsel to respondents objected to the argument on the ground that there was no ambiguity whatsoever in the two documents, citing relevant authorities,  including that of  the Supreme Court in Natasha v The State.

Uche, in his response to the objection, agreed that reexamination was truly limited to ambiguities only but argued that the discrepancies in the witness’ written statement and voter’s card were an ambiguity within the meaning of the Evidence Act. 

The tribunal, in its ruling completely  agreed with lawyers to respondents,  that the matter at hand was unambiguous and therefore, disallowed the prayer for reexamination as pleaded by the PDP.