Feb 28th, 2008
Tribunal to allow Mimiko’s fingerprint expert testify
The Election Petitions Tribunal sitting in Akure, the Ondo State capital, yesterday upheld the request of the state Labour Party governorship candidate, Dr. Olusegun Mimiko, to bring a renowned fingerprint expert, Adrian Forthy, to testify before it.
Forthy will give evidence on election materials used by the Independent National Electoral Commission (INEC) for the April 14, 2007 governorship election.
The tribunal admitted all election materials, which it had allowed Mimiko to scan so as to prosecute his case.
It gave the orders while ruling on an objection filed by counsel to the state Governor Dr. Olusegun Agagu to Mimiko’s application.
Mimiko is challenging the declaration of Agagu, who contested on the platform of the Peoples Democratic Party (PDP) as winner of the election.
Agagu is being represent at the tribunal by a legal team led by Adeniyi Akintola(SANs) while Mr. Ifedayo Adedipe (SAN)is representing the PDP.
Nabaruma yesterday dismissed the objections of the respondents, noting that the tribunal had earlier granted leave to Mimiko to inspect and scan the materials in contention.
He said even without the order of the tribunal, Mimiko had the right to inspect and scan any material that could help him prosecute his case as contained in the Electoral Act.
According to him, the issue of Mutual Agreement Act cited by the respondents’ counsel in their objection to Mimiko’s request applied only in criminal cases.
His words: “But if it is a criminal matter, the issue of Mutual Agreement Act could be raised here but nothing of such is being decided in this tribunal and the Act can only be for the trial of criminal offences or matters and not electoral matters.
“It is not our concern on how the experts come to Nigeria but we are here to know the truth of what happen or went wrong in the last April 14, 2007 governorship election in the state.”
Source: http://www.thenationonlineng.com/dynamicpage.asp?id=46079