The Governorship Election Petition Tribunal sitting in Abeokuta, Ogun State capital, yesterday, rejected the pleas of counsel to the Peoples Democratic Party (PDP), Gordy Uche (SAN), seeking re-examination of his witness after certain inconsistencies were discovered in her statements.
The party had called a witness, Mrs. Shittu Omobolanle from Makun in Sagamu, to appear before the panel and testify in its favour based on her experience during the gubernatorial poll of March 18, 2023.
Shittu, 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.
Counsel to Governor Dapo Abiodun, Kehinde Ogunwunmiju (SAN), pointed out the discrepancy during the 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 said opportunity for re-examination should be freely granted to enable his witness to explain the facts behind the two numbers, citing the Evidence Act and other authorities to substantiate his stance.
In their reactions, counsel to the respondents objected to the argument on the ground that there was no ambiguity whatsoever in the two documents.
They said re-examination could 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 truly limited to ambiguities only but said the discrepancies in the witness’ written statement and voter’s card were an ambiguity within the meaning of the Evidence Act.
Ogunwumiju, replying on points of law, said the issue in question was not an ambiguity. He invoked legal authorities and judicial decisions defining ambiguity to mean unclear answers. He said what occurred during cross examination was a contradiction by the witness and not an ambiguity and that re-examination could not be used to improve the faulty evidence of a witness.
Meanwhile, corroborating Ogunwumiju, counsel to All Progressives Congress (APC), Chief 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 that the matter at hand was unambiguous and therefore disallowed the prayer for re-examination as pleaded by the PDP.
