Thursday 24 September 2015

Delta Polls trial: Tribunal adjourns INEC’s defense against APC, Emerhor till Sept. 30


The absence of a witness of the Independent National Electoral Commission (INEC) on Tuesday stalled proceedings at the resumed hearing of the petition filed by the All Progressive Congress (APC)s and its governorship candidate in the April 11, 2015 governorship election in Delta State, Olorogun O’tega Emerhor. It will now hold on Wednesday, September 30, 2015.
The Tribunal Chairman, Justice Nasiru Gunmi after reviewing the application for adjournment brought by INEC counsel for the day, Mr. Onyiye Anumonye, and the opposition to the vehement application for adjournment put up by counsel to the petitioners, Chief Thomson Okpoko, as well as averments in support of the application by Okowa’s counsel of the day, Chief Ken Mozia (SAN) and Mr. Kehinde Ogunwumiju for Peoples Democratic Party (PDP), said the tribunal is not happy with the request for adjournment, nevertheless it had no choice but to adjourn as requested.  
APC and Emerhor, had filed a petition challenging the declaration of Senator Ifeanyi Okowa as winner of the April 11, 2015 election by INEC.
The adjournment at the resumed hearing of the petition, followed an oral application from the bar, by INEC lead counsel for the day, Onyinye Anumonye Esquire, who was expected to open defense but instead, pleaded that the document INEC sought to tender was not available with him in court and that the INEC witness, who was billed to testify at the tribunal called to say that she was indisposed.
He also told the tribunal that his lead counsel, Damian Dodo (SAN), had called the night before to inform him that he had already discussed the matter of the adjournment with the petitioner’s lead counsel Chief Thomson Okpoko, SAN, and that was what had informed the need for the application.
“We experienced some challenges that made it impossible for us to start today. Our intention was to tender a document, call one witness and close our case today, but we were able to receive the document on which we intend to rely our case on and our witness sent word that she was indisposed and would be unavailable today. It is, therefore, with a deep sense of responsibility and profound apology to the tribunal and our most revered and respected senior SAN, that I make this application for adjournment from the bar till Wednesday 30 September, 2015, to open and close our case”, Anumonye pleaded.
But Counsel for Emerhor and the APC, Chief Thomson Okpoko (SAN), quickly and intensely objected to the application on the grounds that the excuses given were not tenable, noting that the tribunal had less than 30 days to deliver its judgment.
“I am afraid of what is going on here. This excuse of lack of document is not sufficient to call for an adjournment. They have filed all their documents so I don’t see how this single document can cause an adjournment. This whole trial will be over by the 28 October and we have barely a few weeks left”, a visibly angry Chief Okpoko said.
He also informed the tribunal that he had discussed with Mr. Dodo, SAN who had not only described the document in question to him, but had also assured him that INEC had no intention of calling any witness, as their case would be to just tender the document and then close their defense, adding that he, Chief Okpko had even volunteered to help transport the document to the tribunal if it was properly sealed, in order to avoid any further delay.
Supporting the application however, Ken Mozia, SAN, lead counsel to the First respondent, Senator Okowa, while praising Anumonye as a hardworking young counsel who would not hesitate to tender the document if it was available, told the tribunal that absence of both the witness and document meant that an application for adjournment was inevitable, especially, against the backdrop that even Chief Okpoko himself had previously applied and had been granted several adjournments, based on tendering certain documents of his own, by the tribunal.
Lead counsel of the day for the Second respondent, the Peoples Democratic Party, PDP, Kehinde Ogunwumiju,  who was having his second bite at leading case for the PDP, in the absence of lead counsel Akinlolu Timothy Kehinde, told the tribunal that while the petitioners had already had four adjournments already granted them in the course of the trial, including two whole days used to sort documents at the insistence of the petitioners, this was only the first adjournment that INEC as Third respondent was asking for and it would only be fair in the interest of equity to grant them this one application, especially since they had at least four days to do their defense and yet had pledged to commence and conclude their case on the same day.  
In their ruling, the three-man tribunal panel led by its chairman Justice Nasiru Gunmi, expressed unhappiness at the adjournment sought by INEC, given the short time left to conclude the hearing and especially on the grounds that it was the third respondent that chose the specific day, however granted the application, but with cost against INEC in form of reducing the time earlier allotted them to prepare their final written address.
“We frown on this adjournment sought by the third respondent (INEC) to the fifth respondent when the tribunal does not even have up to 35 days or thereabout to deliver its judgment. Nevertheless we grant the application for adjournment but with costs to the third respondent since we have about two weeks to sort through all the sensitive documents and listen to the final address,” Justice Gunmi said.

The sitting was then adjourned till Wednesday September 30, 2015, to also accommodate the Muslim Sallah celebration and holidays.

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