Lagos Guber: WAEC Tenders Gov Sanwo-Olu’s Certificate, PDP Declares Witness Hostile

The Lagos State Governorship Election Petition Tribunal has admitted in evidence a West African Examination Council (WAEC) certificate said to have been presented by the institution to Governor Babajide Sanwo-Olu in 1981.

The certificate was tendered before the tribunal by an official of WAEC in reaction to claims by the People’s Democratic Party, PDP and its governorship candidate, Olajide Adediran (popularly known as Jandor), that Governor Sanwo-Olu did not possess a WAEC certificate.

The official, Adekanmbi Olaolu, who described himself as a lawyer from the legal department of WAEC presented in evidence a document of a May/June O’level result bearing the name of the governor and issued in 1981 by one Ijebu Ife Community Grammar School.

Lead counsel to the Petitioner, Senior Advocate of Nigeria, Clement Onwuenwunor, who had subpoenaed the official to testify, immediately told the tribunal that the evidence of the witness was averse to its earlier findings wherein a search on WAEC’s online result verification portal had indicated the absence of the governor’s name and result.

The counsel also applied to the tribunal for leave to cross-examine the witness in order to challenge the accuracy of the WAEC official’s evidence.

“There is a major conflict between what the witness has just brought and what we earlier tendered which was also issued by WAEC. Our search before the polls had discovered that the governor had no result on WAEC’s portal and now this witness is bringing something different which contradicts their earlier position. He is not being a witness of truth. He has also refused to give more evidence on what he presented, and says the Council doesn’t produce hard copies of certificates or retain duplicate certificates”, the lawyer said.

INEC’s counsel, Senior Advocate of Nigeria, Adetunji Oyeyipo, in his response, described the petitioner’s grouse as a storm in a teacup.

“This witness hasn’t made two contradictory statements. There is nothing to warrant treating him as a hostile witness. At the very best, he has only given evidence not palatable to my learned friend. We urge you to refuse the application of the Petitioner.”

Counsel to Gov. Sanwo-Olu and his deputy, Senior Advocate of Nigeria, Muiz Banire, aligned himself with INEC’s position.

He said, “Exhibit P36 is a product of one Ijebu Ife Community Grammar School, not WAEC while exhibit b2 is a product of one Grandex Ventures Ltd, not WAEC. No one has led evidence to establish the authenticity of that portal so the attachment to it is totally unreliable. No witness has even testified on the said Grandex. Section 230 of the Evidence Act doesn’t avail the petitioner the right to seek leave of court to declare the witness hostile.”

Counsel to the All Progressives Congress, Senior Advocate of Nigeria, Abiodun Owonikoko, on his part, said the option for the Petitioner to cross-examine the witness is foreclosed as he has already ended his examination in chief with the witness.

“A hostile witness isn’t the same as an unfavourable witness. This is a case of contrived hostility, he should sink or swim with his witness as only the court can label a witness as hostile”, the counsel said.

But Olalekan Ojo who is counsel to the Labour Party’s candidate, Gbadebo Rhodes-Vivour, urged the tribunal to grant the petitioner’s request, saying the witness was being hostile to the truth and exhibiting animosity.

In its ruling, the tribunal held that the petitioner could not cross-examine the witness and that the exhibit containing the findings from the portal couldn’t be linked to WAEC directly.

The tribunal ordered that only the respondents could cross-examine the WAEC official.

Under cross-examination, the witness told the tribunal that Governor Sanwo-Olu was found to have been entitled to a certificate issued by the school in question and that the online portal didn’t exist as of 1981.

“Since there was no portal in 1981, this Master list of 581 candidates that sat for the exam at the school is the primary information that will be fed into the result verification portal. I think the electronic registration of candidates started in 2004. For migrating results, we have three portals. The council doesn’t retain duplicate copies of certificates.”

Justice Arum Ashom has adjourned further hearing in the petition till July 4.