The Oyo State Election Petitions Tribunal
sitting in Ibadan, on Monday turned down the application of the Peoples
Democratic Party to invite the officials from the United States Embassy
in Nigeria to give evidence on the petition.
The PDP had filed a petition against Governor Abiola Ajimobi on the grounds that he was not qualified to contest the April governorship election as a result of his dual citizenship.
Ajimobi, the PDP claimed, had dual citizenship as a Nigerian and an American.
Justice Abdulkadir Mu’azu Pindiga, in his ruling, said the tribunal lacked the jurisdiction to grant the application because officials of the US embassy had diplomatic immunity in Nigeria.
Justice Pindiga ruled that the petitioner should explore, other means to prosecute their petition other than relying on the application for subpoena.
He added that granting the application would amount to an exercise in futility and, perhaps, lead to ridiculing the integrity of Nigeria and its judicial process.
Pindiga said, “We must protect the integrity of our country and not subject the country to the whims and caprices of USA. There are other means by which the petitioner could honourably pursue its case and get the desired result.
“The tribunal does not accede to the application of the petition. It is, accordingly, rejected because it is an exercise in futility and we lack the jurisdiction.”
The lead counsel for the PDP, Mr. N.O. Oke, in his reaction to the ruling, said “there is nothing to hide again.”
He explained that the ruling on subpoena had altered the “evidential procedure” of the petitioner.
Oke applied for the adjournment of the case on the grounds that the last witness (the PDP Secretary, Alhaji Bashiru Akanbi) he wanted to invite to the tribunal, was ill.
He added that the document to be produced by the Nigeria Immigration Services in respect of the case was not certified and so, could not be admitted.
He also submitted that the Resident Electoral Commission in the state had not been served the subpoena.
By Akinwale Aboluwade Courtesy Of: Punch
The PDP had filed a petition against Governor Abiola Ajimobi on the grounds that he was not qualified to contest the April governorship election as a result of his dual citizenship.
Ajimobi, the PDP claimed, had dual citizenship as a Nigerian and an American.
Justice Abdulkadir Mu’azu Pindiga, in his ruling, said the tribunal lacked the jurisdiction to grant the application because officials of the US embassy had diplomatic immunity in Nigeria.
Justice Pindiga ruled that the petitioner should explore, other means to prosecute their petition other than relying on the application for subpoena.
He added that granting the application would amount to an exercise in futility and, perhaps, lead to ridiculing the integrity of Nigeria and its judicial process.
Pindiga said, “We must protect the integrity of our country and not subject the country to the whims and caprices of USA. There are other means by which the petitioner could honourably pursue its case and get the desired result.
“The tribunal does not accede to the application of the petition. It is, accordingly, rejected because it is an exercise in futility and we lack the jurisdiction.”
The lead counsel for the PDP, Mr. N.O. Oke, in his reaction to the ruling, said “there is nothing to hide again.”
He explained that the ruling on subpoena had altered the “evidential procedure” of the petitioner.
Oke applied for the adjournment of the case on the grounds that the last witness (the PDP Secretary, Alhaji Bashiru Akanbi) he wanted to invite to the tribunal, was ill.
He added that the document to be produced by the Nigeria Immigration Services in respect of the case was not certified and so, could not be admitted.
He also submitted that the Resident Electoral Commission in the state had not been served the subpoena.
By Akinwale Aboluwade Courtesy Of: Punch
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