Baba-Hassan Vs INEC And 6 Others, Election Tribunal Adjourn For The Conclusion Of Prehearing

Yakubu Busari

The National, States Assembly Elections Tribunal has adjourned to the 9th Day of June,2023 to conclude the prehearing session.

The petitioner’s counsel, Ishaq Magaji told the tribunal that the matter was slated today(Thursday) for the conclusion of prehearing but he seeks the leave of the court to move three pending applications which is dated 27th Day of May 2023.

However, the first motion is seeking the leave of the honourable court to file an additional list of the witnesses from the petitioners and the second application or motion on notice is to enable the petitioners to regularise his counter affidavit of the 1st June 2023 in response to the 4th&5th preliminary objection.

According to Magaji, the petitioner’s motion on notice dated 14th day of May 2023 erroneously so as to replace it with that of 1st June,2023 by seeking the order of the tribunal to front-load the petitioner’s list of additional witnesses and the counter affidavit filed to respond to the 2nd respondent notice of preliminary objection dated 01/06/2023 to regularize their position.

Magaji told the tribunal that their further affidavit was accompanied by motion on notice and a written address but the second respondent, Barr. David Peter Dusu didn’t opposed the counter affidavit of the petitioners.

However, ruling on the petitioner’s application, Hon.Justice William Olamide struck out three of the Rt.Hon. Ibrahim Baba-Hassan’s application dated the 27th day of May 2023.

Ishaq Magaji ,SAN, a second application was a motion on notice filed on the 6th of June 2023 both applications were filed on the same day.

He stated that it is a harmless application seeking the leave of the honorable tribunal to regularize their petitioners and the second is a motion for an extension of time to file on 06/06/2023 which he moved it.

Magaji disclosed that the application seeking the leave of the honorable tribunal responded to the counter affidavit and a written address and was granted him to respond.

However, drama eschews when the petitioner’s motion to regularize and respond to the 2nd respondent’s Counter affidavit, Barr. Tsok opposed that there is no provision from the electoral act to provide for the extension of time.

Ishaq Magaji explained further this application was filed in response to an earlier petition that was withdrawn because the tribunal dictate defect and was stroke out already.

After listening to the argument, the tribunal chairman, Honorable, Justice William Olamide adjourned to Friday 9th of June, 2023 for the conclusion of the prehearing session.