The Justice Tertsea Kume-led Election Petition Tribunal in Osun State, on Friday, ruled that the Independent National Electoral Commission (INEC) must present the certificate of the candidate of the Peoples Democratic Party in the last governorship election in the state, Ademola Adeleke.
The chairman of the tribunal, Justice Tertsea Kume, ruled that INEC must answer the subpoena on the commission to produce Adeleke’s certificate and other documents listed in the subpoena.
In the ruling, the tribunal said an application for subpoena was in the Administrative Act and when it is granted, it becomes a Judicial Act and the party upon which the subpoena is issued must comply, citing sections 218 and 219 of the Evidence Act.
“An order of the court is bound to be complied with by the party upon which it was made until it is set aside by the court. In the instant case, the order has not been complied with.
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“The petitioners’ have shown sufficient reasons for the tribunal to compel the national chairman of INEC to produce the documents in question,” Justice Tertsea Kume ruled.
The tribunal dismissed all the objections raised by the counsel for INEC, Adeleke and the Peoples Democratic Party (PDP) and compelled the national chairman of the commission to produce the documents in the next sitting of the panel on December 1.
Counsel to the petitioners, Chief Akin Olujinmi, a Senior Advocate of Nigeria (SAN), described the ruling as a well-researched one, saying it would go a long way in serving the course of justice on the petition.
Counsel for INEC, Professor Paul Ananaba, SAN, also conceded that they were ready to follow the order of the court by producing the requested documents.
