Ogboru’s witness in subdued wrangle with counsel

Observers at the Governorship Election Petition Tribunal hearing the petition filed by Labour Party (LP) and its governorship candidate, Chief Great Ovedje Ogboru challenging the victory of Governor Ifeanyi Okowa of the Peoples Democratic Party (PDP) at the April 11, 2015 elections on Thursday witnessed a subdued fuss that ensued between a LP witness, Mr. Turner Ochuko Ogboru and the petitioners’ lead counsel, Mr. Dele Adesina (SAN).

The drama that played out was over a legal point canvassed by the petitioners’ lawyer, which Turner Ogboru seemed not quite agree with.

The Tribunal’s Chairman, Justice Nasiru Gunmi had signaled for proceedings to commence  with the invitation of the petitioners 13th prosecution witness (PW13) Mr. Turner  Uchuko Ogboru into the witness box for oath taking.

Soon after the petitioners’ counsel, Mr. Dele Adesina (SAN) concluded with the examination in chief  of the witness and the subsequent adoption of the witness’ written statement which was deposed to on oath, he (Adesina) moved to tender   bundles  of documents loaded in about three Ghana- must- go sacks.

Counsel to Governor Ifeanyi Okowa, Mr.  Ken Mozia , objected to Adesina’s move, arguing that the document sought to be tendered by the petitioner was not listed in the petition, neither was it frontloaded.

Adesina who stood his grounds that the document which he sought to tender contained voters’ registered, saying  that it was listed in the petition as material that they will rely on to argue their case.

PDP and INEC counsels, Mr. John Okoriko who stood in for Mr. Akinlolu Timothy Kehinde (SAN) and Mr. Anumoye , who represented Dr. Damian Dodo (SAN) respectively each took turns to  oppose Adesina’s move to tender the documents.

The legal fireworks the ensured between the counsels prompted the presiding judge, Justice Gunmi to adjourn briefly to enable the tribunal give a ruling on the matter.

When the tribunal resumed sitting after about thirty minutes adjournment, and Justice Gunmi was trying to inform the tribunal that, the panel would have to further take another adjournment till next week to enable one of his colleagues travel to keep appointment with his doctor, Dr. Alex Iziyion (SAN) lead counsel for Okowa, and his INEC counterpart, Mr. Damian Dodo came into the tribunal room and altered the course of the tribunal proceedings.

Iziyion and Dodo, immediately assumed their positions as lead counsels for their respondents, informing  the tribunal and the petitioners counsel on the need to withdraw the application challenging the motion to tender electoral documents.

Iziyon told the court that he was prepared to allow the documents to go in and that if there was any need to think otherwise, that it could be challenged in their written addresses to the tribunal.

The petitioners’ counsel, Adesina initially aligned with the position of the respondent to withdraw the application, but suddenly, made a u-turn and asked the court to give a ruling on the matter as both parties have extensively engaged themselves in legal argument on the issue.

Not feeling quite okay with Adesina’s submission, the witness, Mr. Turner Ogboru, who is also the younger brother of one of the petitioners, Chief Great Ogboru, became het up, showing restlessness as he paced up and down in the witness box, yet he was bound by tribunal rules and so could not leave the witness box. Looking more worried, he tried  to gesture to  his counsel (Adesina), but it was to no avail,  as Adesina making his submissions to the tribunal as to why the tribunal should give a ruling.

The audience in the tribunal that noticed Ogboru’s predicament busted into a subdued laughter, as he became quite agitated and could no longer hold on against Adesina’s seeming lack of understanding, and the importance of allowing the respondent to have their way. Turner Ogboru suddenly stood up from the witness box and deliberately threw the document he was holding on the ground to attract attention. It worked for him, as this attracted Adesina’s attention, and Ogboru gestured to him vehemently. But still, Adesina had to consult with his colleagues in the petitioner’s team before acceding to Ogboru’s request.

He then told the tribunal chairman: “We have no objection to the application of the respondents to withdraw the application challenging the admissibility of the documents in view of the prevailing circumstances to ensure speedy trail.”

Justice Gunmi acknowledged the submission and there after adjourned further hearing of the matter till Monday, September 14, 2015 for the continuation of trail.