Peoples Democratic Party (PDP)'s governorship candidate in
the July 14, 2012 election in Edo State, Major-General Charles Airhiavbere
(rtd), has denied ever being forced to retire from the Nigerian Army.
Airhiavbere is challeging the Independent National Electoral Commission (INEC)'s declaration of Governor Adams Oshiomhole as winner of the election for alleged electoral malpractices and the governor’s lack of academic qualification to contest the polls.
The PDP candidate, while in the witness box, was cross examined by counsel to Oshiomhole, Chief Adeniyi Akintola (SAN), that he was forcefully retired from the Army, following his alleged corrupt indictment.
He stated that he served and meritoriously retired from the Nigerian Army after 37 years instead of the normal 35 years.
According to him: "I retired meritoriously from the Nigerian Army after serving for 37 years instead of 35; from boy soldier to officer. I also served as a diplomat for this country in Washington D.C. I have never been detained or found wanting throughout my duties in the Army."
Airhiavbere stated further that he was at the election tribunal to contest the outcome of the polls and admitted that he did not win in his polling unit or local government during the polls.
He also said that he was not present at the over 2,627 polling units in the state but had relied on the information provided him by PDP agents detailed to the 18 local government areas.
The PDP candidate punctured the question put to him by the counsel to ACN, Ken Mozia (SAN) that the documents presented to INEC by Oshiomhole from Ruskin College, Oxford University from where he secured a Diploma in Labour Studies and another issued him by the Ahmadu Bello University, Zaria, describing them as mere documents and not certificates.
There was a heated argument between the counsel to Airhiavbere, Chief Efe Akpofure (SAN) and counsel to Aknitola, that of the second respondent Prince Adetunji Oyeyipo (SAN) and the 3rd respondents, E.R. Emukperhuo on whether or not to admit as exbihits the Nigerian Tribune newspaper clippings of 12th July 2012, Western Region’s gazette and maps of 1956.
The trio of Akintola, Oyeyipo and Emukperhuo had posited that the documents must be pleaded, listed and that it amounted to a classical abuse of the court process for the petitioner to tender the documents.
According to the trio, Order 20, Rule 3 of the Federal High Court and the 4th schedule of the Electoral Act, 2010 as amended, such documents must be filed along with the petition and not just be listed.
Akintola said: "We did not oppose earlier documents sought to be tendered because we knew they were listed and pleaded. But in this case, they left everybody at sea on what the national newspaper they were talking about.”
“There are conditionalities that must be met, but this was not done in this case. The petitioner cannot hide under any other documents, the pleadings must be complete.”
" It is against the rule of pleadings, it's very inchoate. No map or gazette was listed in the petition, and I, therefore, urge the Tribunal to reject the documents and throw them out through the window," he added.
Counsel to Airhiavbere, Chief Efe Akpofure, had noted that there was a gross misconception by counsel to the respondents on issues relating to court process.
He pointed out that the authorities cited by the respondents counsel were grossly inapplicable to the circumstances of the proceeding before the court.
He insisted that the first respondent (Oshiomhole) was not qualified academically to contest for the election at the time he did and urged the tribunal to admit the documents as exhibits.
Chairman of the three-man tribunal, Justice Muazu Pindinga, in his ruling, admitted as exhibits the documents tendered by counsel to the petitioner.
Justice Pindinga said: "Considering the submission of counsel and our attention being drawn to the ruling of the tribunal and mindful of the Court of Appeal ruling, it is our view that the issue be viewed with caution. We, therefore, admitted the documents to be tendered as exhibits."
The case was adjourned to Wednesday, next week for further hearing.
Airhiavbere is challeging the Independent National Electoral Commission (INEC)'s declaration of Governor Adams Oshiomhole as winner of the election for alleged electoral malpractices and the governor’s lack of academic qualification to contest the polls.
The PDP candidate, while in the witness box, was cross examined by counsel to Oshiomhole, Chief Adeniyi Akintola (SAN), that he was forcefully retired from the Army, following his alleged corrupt indictment.
He stated that he served and meritoriously retired from the Nigerian Army after 37 years instead of the normal 35 years.
According to him: "I retired meritoriously from the Nigerian Army after serving for 37 years instead of 35; from boy soldier to officer. I also served as a diplomat for this country in Washington D.C. I have never been detained or found wanting throughout my duties in the Army."
Airhiavbere stated further that he was at the election tribunal to contest the outcome of the polls and admitted that he did not win in his polling unit or local government during the polls.
He also said that he was not present at the over 2,627 polling units in the state but had relied on the information provided him by PDP agents detailed to the 18 local government areas.
The PDP candidate punctured the question put to him by the counsel to ACN, Ken Mozia (SAN) that the documents presented to INEC by Oshiomhole from Ruskin College, Oxford University from where he secured a Diploma in Labour Studies and another issued him by the Ahmadu Bello University, Zaria, describing them as mere documents and not certificates.
There was a heated argument between the counsel to Airhiavbere, Chief Efe Akpofure (SAN) and counsel to Aknitola, that of the second respondent Prince Adetunji Oyeyipo (SAN) and the 3rd respondents, E.R. Emukperhuo on whether or not to admit as exbihits the Nigerian Tribune newspaper clippings of 12th July 2012, Western Region’s gazette and maps of 1956.
The trio of Akintola, Oyeyipo and Emukperhuo had posited that the documents must be pleaded, listed and that it amounted to a classical abuse of the court process for the petitioner to tender the documents.
According to the trio, Order 20, Rule 3 of the Federal High Court and the 4th schedule of the Electoral Act, 2010 as amended, such documents must be filed along with the petition and not just be listed.
Akintola said: "We did not oppose earlier documents sought to be tendered because we knew they were listed and pleaded. But in this case, they left everybody at sea on what the national newspaper they were talking about.”
“There are conditionalities that must be met, but this was not done in this case. The petitioner cannot hide under any other documents, the pleadings must be complete.”
" It is against the rule of pleadings, it's very inchoate. No map or gazette was listed in the petition, and I, therefore, urge the Tribunal to reject the documents and throw them out through the window," he added.
Counsel to Airhiavbere, Chief Efe Akpofure, had noted that there was a gross misconception by counsel to the respondents on issues relating to court process.
He pointed out that the authorities cited by the respondents counsel were grossly inapplicable to the circumstances of the proceeding before the court.
He insisted that the first respondent (Oshiomhole) was not qualified academically to contest for the election at the time he did and urged the tribunal to admit the documents as exhibits.
Chairman of the three-man tribunal, Justice Muazu Pindinga, in his ruling, admitted as exhibits the documents tendered by counsel to the petitioner.
Justice Pindinga said: "Considering the submission of counsel and our attention being drawn to the ruling of the tribunal and mindful of the Court of Appeal ruling, it is our view that the issue be viewed with caution. We, therefore, admitted the documents to be tendered as exhibits."
The case was adjourned to Wednesday, next week for further hearing.
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