An Action Congress (AC) witness, Mr. Segun Ajayi, has attributed the violence at the collation centre in Ido/Osi Local Government Area during the April 25 governorship rerun election in Ekiti State to an attempt by Governor Segun Oni’s aides to smuggle sacks of thumb-printed ballot papers into the centre.
Ajayi, who had his leg amputated from the upper thigh as a resulted of the injury he sustained from gunshot wounds he got from those he referred to as PDP thugs and security men attached to Oni’s aides, presented his medical report on the severed leg admitted by the Election Petitions Tribunal at yesterday’s proceedings.
The tribunal rejected the witness statement on oath of another witness, who was subpoenaed to appear before the tribunal, Mr. Peter Oladosu, on the grounds that his witness statement on oath was filed ahead of the subpoena on him.
Ajayi, who brought the severed leg to the court on Monday, averred in his witness statement on oath that he his leg was shattered by bullets allegedly fired by suspected Peoples Democratic Party (PDP) thugs and armed policemen in the violence that erupted at the collation centre in Ido/Osi Local Government Area.
He could not be cross-examined at the Monday’s proceedings following the foul odour oozing out of his severed leg.
The AC candidate, Dr. Kayode Fayemi, who is aggrieved with the result declared by the Independent National Electoral Commission (INEC), is challenging Oni’s return as the winner of the election.
Ajayi, in his witness statement on oath, which was adopted before the tribunal, said violence erupted at the centre when Oni’s aides allegedly attempted to force their way into the collation centre in Ido-Ekiti with what he called "rigged results and phony ballot papers" in Ghana-Must-Go sacks.
The witness admitted that the election was held peacefully at Oke Are polling unit 2, Ido-Ekiti, where he acted as agent for the AC, following which he escorted the result to the Ido/Osi Local Government Area collation centre.
The amputee identified suspected Oni’s aides, who allegedly stormed the collation centre in a commando-like manner to include his Personal Assistant (PA), Mr. Bunmi Ojo, the Aide-de-Camp (ADC), Mr. Olusoji Akinbayo and the Chief Security Officer (CSO), Mr. Philip Ojelade.
The witness claimed in his statement on oath that the governor’s aides stormed the collation centre in two vehicles and allegedly shot indiscriminately into the air.
But, he said the crowd that massed at the centre resisted the aides from gaining access into the main building where the collation was going on.
His words: "I know that collation began and everything was going on smoothly without hitch until about 5:00 p.m. when two vehicles containing Ghana-Must-Go bags arrived at the INEC office.
"Trouble erupted because the GMG bags contained thumb-printed ballot papers which the PDP members wanted to forcefully take inside the INEC office.
"The Police fired tear gas canisters and everywhere became rowdy and I suddenly felt that bullet entered my leg from the direction of the vehicle and I became unconscious.
"I was later taken to the hospital where my shattered leg was eventually amputated and now I am bed-ridden and in pain."
Ajayi, the Petitioner Witness 42 (PW 42), who was led in evidence by the Fayemi’s counsel, Chief Anthony Adeniyi, sought to tender the medical report on his severed leg but the move was opposed by counsel to the respondents.
The witness intended to tender the document in support of his averment in Paragraph 5 of his witness statement on oath that he was rushed to the Federal Medical Centre, Ado-Ekiti, where his shattered leg was amputated.
The medical report, which was the original copy, was signed by Dr. P.O. Abiola.
Opposing the tendering of the report, Mr. Adebayo Adenipekun (SAN), who objected on the grounds that the document was not in Ajayi’s witness statement on oath in line with Paragraph 4 (3) of the Tribunal Practice Direction.
Adenipekun’s second ground of objection was that the witness was not the maker of the document, adding that no foundation was laid for its tendering.
He said the document could only be relevant if the doctor who issued it is summoned to tender it.
Counsel to the PDP, Mr. Obafemi Adewale, aligned with Adenipekun’s submissions, adding: "It is trite in law that evidence dealing with an issue not pleaded is a non-issue".
Mr. Roland Otaru (SAN), counsel to INEC and the Resident Electoral Commissioner (REC), said it is the medical doctor who issued the report was supposed to be called.
Counsel to Returning Officers of Ido/Osi and Ijero, Mr. Tayo Oyetibo (SAN) and Police’s and Inspector-General’s Milton Ohwovoriole (SAN) adopted the submissions of Adenipekun, Adewale and Otaru.
Replying, Adeniyi noted that the issues raised by the respondents’ counsel had been raised in similar situations before the court but were overturned by the tribunal, adding that the decisions of the tribunal had not been appealed against.
Urging the tribunal to consign all the arguments of the respondents’ counsel to the trash can, Adeniyi said the report being sought to be tendered passed the tests of relevance, admissibility and pleadings as demanded by the Practice Direction.
He said the content of the medical report was relevant to the petition at hand, stressing that it was not only pleaded but was also listed as Item Number 18 of Fayemi’s petition.
In a short ruling, Tribunal Chairman Justice Hamma Barka admitted the medical report subject to the weight attached to it.
Ajayi, who was later cross-examined after the report was admitted, said his father was a soldier but he had not handled a gun before.
He denied struggling with the armed mobile policemen at the collation centre, adding that he had never been arraigned in court for any offence.
Oladosu, the PW 43, who told the tribunal that he lives at F5, Iletin Steet in Orin-Ekiti,Ido/Osi Local Government Area and that he works as a driver and farmer.
An attempt to adopt his witness’ statement on oath was opposed by lawyers to all the respondents.
They said it violates the provisions of Section 11 B of the Practice Direction.
Counsel to the respondents faulted the proposed adoption of Oladosu’s witness statement on oath on the grounds that it was dated September 24 while the subpoena issued by the tribunal had September 27.
They argued that it is a subpoena that gives rise to the witness statement on oath and not the other way round.
Another long session of arguments ensued among lawyers who cited a plethora of authorities to substantiate their submissions.
The row was sparked by Adeniyi’s oral application to have Oladosu stepped down from the witness box, a request which was opposed by respondents’ lawyers.
They insisted that the witness be cross-examined.
The tribunal, however, adjourned ruling on whether Oladosu’s cross-examination should continue or that he stepped down from the witness box.
Also yesterday, some PDP members and mobile policemen harassed a photographer working for The Nation newspapers, Toyin Anisulowo and a reporter with Adaba 88.9 FM, Akure, Jide Ogunluyi, at the court premises.
Anisulowo, who left the courtroom to ease himself outside, was harassed by some PDP members who were not happy with his shots on the happenings at the tribunal.
They warned him against coming to the tribunal or he would be attacked.
Anisulowo had to leave the court premises through the second gate.
He was stopped by some mobile policemen who demanded his identity card.
One of the mobile policemen seized his identity card, saying: "The Nation’s photo journalist. Na you we dey find".
Anisulowo was briefly detained by the policemen.
Ogunluyi, who went to find out what was happening to Anisulowo, was also harassed by the policemen.
Anisulowo fingered one of his family members, who is a member of the PDP as the one who revealed his identity to his fellow party faithful.
Ogunluyi also alleged that some PDP members threatened him over the reports of the tribunal proceedings being aired on his radio station. He is the Head of News and Current Affairs.
The news of the reporters’ harassment soon filtered into the courtroom, a development which prompted reporters in the court to rush to the scene.
A senior police officer, who later stormed the scene, warned his men to be civil with journalists who are doing their jobs.
Anisulowo and Ogunluyi were released after the officer’s intervention.
Anisulowo’s identity card was returned to him.