Appeal Court Suit Latest: Untold Story Of Call-Log Rejection

TONGUES are still wagging as a result of confusion deliberately created by a handful of politicians of Osun State chapter of the Peoples Democratic Party (PDP) on Monday as touching the dismissal of a motion for the admittance of MTN call-logs procured by the state Action Congress (AC) standard bearer, Engineer Rauf Aregbesola; investigation has revealed that the fact behind the court denial was deliberately misconstrued by some sponsored media platforms.

According to one of our judicial reporters who witnessed the Court of Appeal proceedings in Ibadan, Oyo State Capital, the call logs motion was turned down because it was not tendered as part of evidences at the lower tribunal headed by Justice Thomas Damar Naron in Osogbo before the controversial panel wound up.

It would be recalled that the controversial Naron tribunal was reported to have compromised its judiciary neutrality by the secret conversations between the defense counsel and the chairman of the tribunal.

In an investigative story published by the Independent Communication, the publisher of THE NEWS magazine mid-last year, the forensic data of the secret conversations, text messages and multi-media services (MMS) were revealed generously.

Besides, Aregbesola had called on the Naron tribunal to disqualify itself from delivering the verdict, according to him, as it was established that the tribunal was biased as shown by the investigative report.

It was reported that the defense counsel, Mr. Kunle Kalejaye; initially denied holding secret talks with the tribunal judges, even threatened to drag the magazine to court, until his braggadocio was deflated by the litigation instituted by the management of the magazine at the Lagos State High Court.
OSUN DEFENDER gathered that the court ordered the MTN to make the call-long, SMS and MMS affected available for the magazine, which was later obtained by Aregbesola, who chose to make the records as part of his fresh evidence.

Meanwhile, the Court of Appeal panel led by Justice Victor Omage has made it clear to the petitioner’s counsel that the motion of the acceptance of call logs must fail because it was not raised at the lower tribunal, a situation that has boxed it out of the appeal suit.

“We can only entertain motion that was tendered at the lower tribunal, not a fresh motion at the appeal court and so the motion must fail-”, said Justice Omage.

When the judge further asked the petitioner’s lead counsel, Mr. Kola Awodein (SAN) to continue with the proceedings, the senior counsel objected and pleaded for 9 March 2009, which was agreed to by the defense counsel and the judges.

Meanwhile, a source close to Senator Iyiola Omisore inside the court before the proceedings began, overheard him, where he was allegedly whispering to a local government chairman sitting beside him that, “See the AC people that are laughing now they would soon cry, when they hear the ruling”.

So, when the ruling was delivered against the petitioner, some politicians of the PDP fold, who managed to find seats inside the court room quickly text message to the suspected hired crowd, who instantly burst into political war songs.

Arriving Osogbo, Osun State capital, the PDP thugs reportedly went to work, brandishing machetes, dane guns and charms of different kinds on the streets of the state capital; but no casualty was reported as at the time of filing this report.

OSUN DEFENDER found out that the solo-celebration of the embattled Governor Olagunsoye Oyinlola in Osogbo was so dry that the picture of gloom written all over the citizens of the state was clearly depicted; as marketers and on lookers were watching the PDP’s drama with straight faces.