How I Declared Gagdi Winner Under Duress -PKK Collections, Returning Officer Tells Tribunal

Yakubu Busari

In the suit filed by People Democratic Party, and Hon Timothy Golu challenging the declaration of Yusuf Adamu Gagdi at the ongoing National Assembly Election Tribunal sitting in Plateau State on Monday, counsel to petitioners brought his witness in chief, Prof. Joseph Mangut who was subpoena to testified as collections and returning officers of Pankshin, Kanke, and Kanam federal constituency.

When the counsel to 1st, 2nd and 3rd respondents argued that the witness shouldn’t be allowed to subpoenaed but the tribunal chairman in her ruling, she ruled that under the paragraph 141 of the electoral act amended has given the tribunal power.

Adding that the provision as directed on the determination of giving evidence, Ahmed Vs APC, the court uphold that the need of counsels can’t override the provision in section 30-31 cited that the rule of law to help to discover justice.

She stressed that the pages 32-33 of the subpoena was competent and can’t stop it, saying the court of appeal dealing that the witness would have been sworn in to testify dispose of.

The tribunal overruled the objections raised by the counsels to allow the witness, Prof Joseph Mangut of the University of Jos to give his oral evidence election in the 3 Local Government Councils of Pankshin, Kanke, and Kanam respectively.

The witness in Chief Prof Joseph Mangut told the tribunal that he was subpoena to testify before this honorable tribunal which letter was tender as an exhibit in evidence.

While cross-examining the witness, petitioners, Barr. Sunday Oyawole, Prof Mangut agreed that he played roles in as the returning officers and collection, a collection, returning officers said his duties was to collect results from local government returning officers in the 3 LGAs.

Secondly, I have entered all the results as brought before me, yes I received results in all the LGAs on the 23-02-2019 but the results didn’t start coming in until on the late 24-02-2019 which Pankshin came in, the second was that of Kanke LGA and the 3rd one was that of Kanam LGA which arrived Pankshin the center of the collection on 25-02-2019 .

However, when sued to find out on what happened with the results, Prof Joseph Mangut told the tribunal that when the results started the collections exercise at end of receiving of the results if there is any problem so we got complained from PDP agent.And the complaint was that there were issues of over voting in 9 polling units in 5 wards of Kanam LGA and they are not satisfied with the conduct of election held in those areas.

Prof Joseph Mangut said when I ask the returning officer of Kanam if he could explain the circumstances of the happening as where alleged by political parties suddenly the Hall went rowdy owning to the disagreement from the representatives of the various political parties, their rowdiness spark off confusion inside the Hall in which the exercise was taken place became inconclusive.

The tension was rising so much such that the disagreement was not only between the party agents alone but involved almost all the people that did be accounted for in the Hall.

At that point in time, there was installment was such that continued with the exercise would have jeopardized not only me but my colleagues, the party agents and all that were inside the Hall.

Mangut added that when thing went beyond the control of security agents, together with my colleagues, I felt it was time enough for us to suspend the exercise at that point.I, therefore, announced that the exercise was inconclusive, we should reconvene the following day when adequate security arrangement has been made.

According to him, even, it is some of the party agents were not satisfied that we would keep the promise of returning the following day, sensing that the matter further get to the worst ,I now decided to commit the problem in writing that by the time it was ready getting to midnight of that 25-02-2019 , I, therefore, ask that the party agents sign my undertaken that the pronouncement continue the following day.

He noted that P2 was the wrote to him towards the cancellation of the election which I wrote and signed, promising that I would be back.

From my P2, Prof Joseph Mangut says, to the honorable Tribunal that I wrote this document as confirmation that 9 polling units in 5 wards should be declared inconclusive with my signature at the end.

The PDP, returning officer signed on the 25-02-2019 by name Samuel Goat, while the APC signed on 26-02-2019 as Mr. Sam Book between small hours to 26-27.

S.S.Obende counsel to the second respondent urged the tribunal not to admit some of the evidence supply to the tribunal by the petitioners but was overruled in favor of the petitioners.

Garba Pwull Counsel to the first respondent supported the argument brought by S.S Obende on the grounds that the argument of petitioners counsel, Sunday Oyawole is facts not evidence on the evidence

But Oyawole insisted that the evidence supply from this witness in chief is relevant facts, it is the law that evidence that is connected to the real truth of the event that took place on election day.

He reiterated that the witness is the maker of the document with others which the tribunal overruled the objections raised by the counsels to 1,2,3 respondents.

Under Exhibit P9, scored for Kanke LGA 23,181,231.81, not 22,184,840.00 which I signed them under duress.

Prof Joseph Mangut said I declared Hon Yusuf Adamu Gagdi of the APC as the winner under duress with a total of votes cast, 80,373,803.73 and Timothy Golu scored 78,987,789.70 of PDP at the center of the central collection in Pankshin LGA.