APC NEC empowered Buni to act as caretaker chair, witness tells Ekiti tribunal

The Election Petition Tribunal hearing the dispute arising from the governorship election held in Ekiti State on 18th June, 2022 on Thursday picked 23rd November 2022 as the date for the adoption of final written addresses by parties before it.

The Tribunal Chairman, Justice Wilfred Kpochi, adjourned sitting to that date after consulting with counsel to parties in the petition and two other members of the Panel, Justice Sa’ad Zadawa and Justice J.A. Atsen.

Justice Kpochi thanked counsel to parties for their cooperation throughout the period of the hearing of the petition filed by the Social Democratic Party (SDP) governorship candidate, Chief Olusegun Oni.

The Tribunal Chair urged counsel to parties to exchange their written addresses and replies within the timeframe allowed by law before the November 23 date picked for the adoption of their final written address.

Earlier, the Panel was told that the All Progressives Congress (APC) National Executive Committee (NEC) validly nominated and appointed Yobe State Governor, Alhaji Mai Mala Buni, as the National Caretaker Chairman of the party.

The revelation came to light at the Tribunal sitting on Thursday in which Buni, who is also the 3rd Respondent in the petition, opened and closed his defence before the three-man jury by bringing a witness, Rt. Hon. Oladapo Karounwi, to give evidence and lend credence to the validity of actions taken by the APC National Caretaker/Extraordinary Convention Planning Committee during its tenure in office.

Karounwi, who was a member of the APC NEC in his capacity as the Southwest Zonal Publicity Secretary told the Tribunal that he was part of the virtual NEC (National Executive Committee) meeting held on 25th June, 2020, where Buni as appointed as the Chairman of the National Caretaker/Extraordinary Convention Planning Committee to oversee the day-to-day running of the party including nomination of candidates.

At the day’s sitting, the 2nd Respondent, APC; the 3rd Respondent, Buni and the 4th Respondent, the Independent National Electoral Commission (INEC) closed their defence with the latter (INEC) tendering more documents before the Tribunal.

The 1st Petitioner in the petition is Chief Segun Oni while his party, the Social Democratic Party (SDP) is the 2nd Respondent

Governor Biodun Oyebanji is the 1st Respondent while the Deputy Governor, Mrs. Monisade Afuye, is the 2nd Respondent in the petition.

The documents tendered by INEC include Certified True Copies (CTCs) of 16 copies of Forms EC8C for the 16 Local Government Areas dated 18th June, 2022; one copy of Form EC8D dated 19th June, 2022; one copy of each of INEC Certificate of Return issued to the 1st Respondent and the 2nd Respondent.

All the documents were tendered by INEC counsel, Chief Charles Uwensuyi-Edosomwan (SAN). There was no objection from counsel to 1st and 5th Respondents, Mr. Kazeem Adedeji; counsel to 2nd Respondent, Chief Akin Olujinmi (SAN) and counsel to 3rd Respondent, Mr. Shaibu Aruwa (SAN).

But counsel to the 1st and 2nd Petitioners, Mr. Obafemi Adewale (SAN) objected to the admissibility of the documents saying he would reserve his comments for the address stage.

Earlier, the only witness of the day, Karounwi, who entered the witness box at 10.08am told the Tribunal while being led in evidence by Aruwa that he was a member of the APC NEC and was part of a virtual NEC meeting held on 25th June, 2020 where the Yobe Governor was adopted and appointed as the National Caretaker Chairman of the Party.

The witness identified Exhibit RA3 and confirmed it as the Resolution reached at the NEC Meeting of the 2nd Respondent (APC) where Buni was appointed as the National Caretaker Chairman.

While under cross-examination by a member of Oni’s legal team, Mr. Biodun Fasakin, Karounwi affirmed that he was a member of NEC and Southwest Zonal Publicity Secretary maintaining that he had the authority to appear as a witness before the Tribunal.

He added that as a member of APC NEC, he knew that all NEC members have records of financial statement of the party and they are privy to all financial transactions of the party.

When asked by Fasakin to confirm whether Buni and 13 other Caretaker Members acted as officers and agents of APC in the conduct of the governorship primary, Karounwi replied that there were committee members set up by the party’s National Secretariat and empowered to function in various capacities as occasions demand pursuant to the APC constitution.

Under cross-examination by counsel to 1st and 5th Respondents, Mr. Kazeem Adedeji, Karounwi stressed that the Committee of which Buni was Chairman was one of several committees set up by APC.

Responding to questions during cross-examination by Uwensuyi-Edosomwan, the witness said having been part of the meeting that set up the APC National Caretaker Committee, he partook in the decision arrived at and he had the knowledge of what transpired at the NEC meeting.

When asked whether he had the authority of anybody to appear before the Tribunal, Karounwi said he didn’t need the authority of anybody to come and give evidence on what transpired at the NEC meeting.

The witness reiterated the fact that as a NEC member, he was always availed of financial reports and statement of accounts of the party.

He stressed that there was no record to the effect that any payment was made to Buni as salaries or emoluments in his capacity as the APC Caretaker National Chairman throughout the tenure he held office.

Karounwi further told the Tribunal that he, as a member of APC NEC was not paid any salary for the functions he performed. The witness stepped down from the witness box at 10.57am after concluding his evidence.

Before Karounwi gave evidence, counsel to 2nd Respondent, Olujinmi, said it would not be necessary for him to call any witness “having reviewed the evidence, oral and documentary already placed before the Tribunal.”

Uwensuyi-Edosomwan, counsel to the 4th Respondent, did not bring any witness to the Tribunal but only tendered documents itemised earlier.

All the documents were marked and admitted as exhibits before the Tribunal.

Adewale had earlier advised that results for each of the 16 local government areas be marked separately for ease of reference and identification to which the Tribunal agreed and rose to mark them before picking the date for the adoption of final written addresses.

The 16 copies of Forms EC8Cs for the 16 local government areas were marked and admitted as Exhibits RB1A (Ado Ekiti), RB1B (Efon), RB1C (Ekiti East), RB1D (Ekiti West), RB1E (Ekiti Southwest), RB1F (Emure), RB1G (Gbonyin), RB1H (Ido/Osi), RB1I (Ijero), RB1J (Ikere), RB1K (Ikole), RB1L (Ilejemeje), RB1M (Irepodun/Ifelodun), RB1N (Ise/Orun), RB1O (Moba) and RB1P (Oye).

Form EC8D was marked and admitted as RB2, Form EC8E was marked and admitted as RB3, INEC Certificate of Return issued to 1st Respondent (Oyebanji) was marked and admitted as RB4 while INEC Certificate of Return issued to 5th Respondent (Afuye) was marked and admitted as RB5.