The tribunal for the Kogi governorship election has mandated the presence of Olayemi Cardoso, the governor of the Central Bank of Nigeria (CBN), in Abuja tomorrow without fail.
The governor is required to provide clarifications regarding the involvement of the apex bank in the off-cycle election held in Kogi on November 11, 2023.
The three-member panel of justices, headed by Ado Birnin-Kudu, also warned of potential consequences for the CBN’s director of corporate service. This action stemmed from an application by Alex Izinyon, SAN, the legal representative for Governor Usman Ododo of Kogi, the second respondent in the petition lodged by the Social Democratic Party (SDP) and its candidate in the election.
On April 18, the tribunal issued a subpoena to compel either the CBN governor or one of its officers to appear at the proceedings and provide evidence regarding Mr. Ododo’s allegations that the petitioners lodged the petition against him beyond the 21-day period permitted by law.
Despite the panel’s directive for the CBN governor or its officer to testify on April 19, there was no representation from the apex bank during the hearing.
Meanwhile, shortly after Paul Daudu, who appeared for the governor, led the witnesses in evidence on Monday, and after they were cross-examined, the lawyer told the panel he was instructed by the team’s leader to hand over the case to him until the next adjourned date.
Mr. Izinyon informed the tribunal that the witnesses brought by Mr. Daudu were the only ones they had scheduled for the day.
The senior lawyer informed the panel that he was aware of the letter from the CBN management to the tribunal, stating their unavailability until Friday, April 26, in line with their subpoena application.
He mentioned that while the second respondent (Mr. Ododo) intended to present his witnesses within five days, the matter of the subpoena needed resolution before proceeding.
Mr. Izinyon expressed disappointment that an officer from the legal department of CBN, whom he anticipated to be present at the tribunal on Monday, was absent, describing the apex bank’s letter to the tribunal as “an act of contempt.”
However, Mr. Akubo noted that since Mr. Izinyon had indicated that Mr. Ododo would conclude their defense on Tuesday, he requested the court to permit the third respondent (APC) to proceed with their defense after the governor had called his witnesses, even in the event of the CBN officers’ absence.
In his ruling, Justice Birnin-Kudu stated that the subpoena was addressed to both the CBN governor and the bank’s director of corporate service. He deemed the apex bank’s letter to the tribunal, asserting that its officers “will be available on April 26,” as contemptuous and deserving of condemnation.
Consequently, the panel adjourned the proceedings until April 23 for the continuation of the second respondent’s defense and for the CBN to provide justification.
The panel subsequently postponed the case until April 23 to resume the second respondent’s defense and for the CBN to present its justification.
Mr. Izinyon also informed the tribunal that they had requested the record of proceedings to ensure accuracy.
Justice Birnin-Kudu assured that the record of proceedings was prepared and would be provided to the second respondent’s team.
Earlier, Enesi Mohammed from Adavi Local Government Area (LGA) of Kogi and Jimoh Onimisi Biodun from Okehi LGA testified in support of Mr. Ododo’s election triumph.
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