The Ogun State Governorship Election Petition Tribunal sitting in Abeokuta, the state capital, on Wednesday, July 19, 2023, rejected the pleas of the counsel for the Peoples Democratic Party (PDP), Gordy Uche, SAN, seeking re-examination for his witness after certain inconsistencies were discovered in her statement.
The party had called a witness, Shittu Omobolanle, from Makun in the Sagamu area of Ogun State to appear before the tribunal and testify in its favour based on her experience in the gubernatorial poll of March 18, 2023.
The witness, in her statement, gave her polling unit number as 27-20-14-020, whereas her voter’s card indicates 27-20-14-004 as her PU number.
The counsel for 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.
The petitioners’ counsel, Gordy Uche (SAN), attempted to get her to explain the reasons behind the inconsistencies.
Uche argued that opportunity for re-examination 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.
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In their reactions, the counsels for the respondents vehemently objected to the argument on the ground that there was no ambiguity in the two documents.
They equally cited relevant authorities, including that of the Supreme Court in Natasha v The State, to buttress their positions that re-examination can only be allowed along the line of argument of the petitioners’ counsel if there was any ambiguity in the issue sought to be re-examined.
In his response to the objection, Uche agreed that re-examination was 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.
Ogunwumiju, however, said the issue in question was not an ambiguity, adding that what occurred during cross-examination was a contradiction by the witness not an ambiguity and that re-examination cannot be used to improve the faulty evidence of a witness.
Supporting Ogunwumiju, the counsel for APC, Afolabi Fashanu, SAN, urged the tribunal to take judicial notice of the fact that documents speak for themselves.
He also urged the tribunal not to allow the pleas for re-examination as canvassed by the petitioners’ counsel.
The tribunal, in its ruling, agreed with lawyers for the respondents that the matter at hand was unambiguous and, therefore, disallowed the prayer for re-examination as pleaded by the PDP.
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