Osun State Governor, Mr. Rauf Aregbesola has urged the Election Petitions Tribunal hearing matters arising from the August 9th governorship election to reject the report tendered by the forensic data analysis and ICT expert called by Senator Iyiola Omisore to prove his petition.
Counsel to the petitioner, Dr. Alex Izinyon (SAN), led the expert witness in evidence on Tuesday at the resumed hearing of the matter.
Izinyon sought to tender the report of the witness but Aregbesola’s counsel, Chief Akin Olujinmi (SAN), Prof. Yemi Osinbajo (SAN), who represented the All Progressives Congress and the INEC counsel, Mr. Ayotunde Ogunleye raised objection to the admissibility of the report.
The first respondent (Aregbesola) said that the document did not comply with the provisions of Section 84 of the Evidence Act.
According to him, the report is computer generated and such requires a certificate that the computer used in arriving at conclusion was working properly when it was used.
Osinbajo, who aligned himself with the arguments of Aregbesola’s counsel cited a Court of Appeal ruling in Akeredolu versus Mimiko to back his argument.
Counsel for the INEC said computers could be used to do photo tricks and that was why the provision of Section 84 of the Evidence Act was sacrosanct.
Izinyon while reacting on point of law said that Appeal Court just warned court to be weary of using experts opinions.
He also described the reliance of the respondents on the Section 84 of the Evidence Act as a gross misconception and misapplication of what the section contained.
The tribunal admitted the document and reserved ruling on its admissibility until judgment stage.
Meanwhile, the tribunal has warned lawyers and those attending the proceedings against taking photographs of witnesses and uploading same on social media.
The Chairman of the tribunal, Justice Elizabeth Ikpejime gave the warning before the proceedings started on Tuesday.
She said, “It has come to our notice that some persons are taking photographs of witnesses and uploading them on Facebook. This is wrong. I believe all of us here are matured.
“I observed somebody (a lawyer) was fidgeting with his phone yesterday and he denied. But there was no evidence against him.
Why are those involved doing this? Is it to expose the witnesses to unnecessary danger?
“Be warned! If you are eventually found out, justice will take its course.”
