Baba-Hassan,Alkali ,Dafaan  And Asama Prehearing Adjourns To 5th June For Final Adoption

Yakubu Busari

The National Assembly Election Petition sitting at the Plateau State High Court premises has adjourned till Monday the 5th of June, 2023, the pre-hearing session in the petitions filed by the former deputy speaker, Rt.Hon . Ibrahim Baba-Hassan of the All Progressive Congress   (APC), the Jos North/Bassa Federal constituency challenging the Independent National Electoral Commission INEC, Hon Musa Avia Agah ,PDP,Hon. Muhammad Adamu Alkali ,PRP, Hon .Daniel Asama and Labour Party .

Baba-Hassan challenged the declaration of Musa Avia Agah by the Independent National Electoral Commission INEC, on the 25th of February,2023  as the winner of the general election.

When the matter came up on Wednesday, counsel to the petitioner, Barr.U.Z.Ibrahim told the three-man panel headed by Honourable Justice William Olamide to listen to the presentation of petitioners.

Ibrahim completed the answers sheet stipulated by section 18(1) of form 008 enshrined on the prehearing session dated 8/05/2023 and filed on the same date.

According to him, the petitioners have two applications before the Tribunal seeking the leave of the Tribunal to withdraw the first which is dated 8/5/2023, and allow that of the 16/05 /2023.

However, the counsel to the 2nd respondent, Barr.David Peter Dusu opposed the applications seeking to amend the list of witnesses earlier filed that the application is not supported by anything before the Tribunal so it should be stroked out.

But after a careful argument the Tribunal Chairman, Justice William Olamide ruled that the applications should allow to scale through because is part of the agreement during the first prehearing session.

The Tribunal made progress the prehearing answers were adopted and the 1st respondent INEC filed it answers dated 18/05/2023 and adopted them

David Tsok asked the Tribunal to step down their application the proceedings for hearing.

Ibrahim  had, while adopting the information sheet (Form TF008) and the answers contained therein, filed on April 08, 2023, on behalf of his clients, informed the court of the motion filed on May 16, seeking to dismiss respondents P.O.

According to Ibrahim, all the respondents have been served with the motion and prayed the Tribunal to set it down for hearing and declare his client as the winner of 25th February election.

Counsel to the respondents – B.A.Okereke  for the Independent National Electoral Commission (INEC), David Peter Tsok ,Musa Agah ,PDP ,HonAlkali 4th &5th , Abdullahi Ruba  (SAN) for the Muhammad Alkali , PRP , while adopting their various responses to the petitioners’ pre-hearing information sheet, said they will file their responses to Baba-Hassan  and APC application within the time allowed by the rules of the court.

All respondents  argued that the petition filed by the party was worthless as it disclosed no reasonable cause of action.

U.Z. Ibrahim who filed the motion on behalf of Baba-Hassan  and APC insisted that the election being challenged by his client wasn’t lawfully conducted and a clear winner was declared without the provisions of the law.

Baba–Hassan prayed the Court to nullify Musa Avia Agah election on the ground that the February 25 National Assembly election was conducted in substantial noncompliance with the provisions of the constitution, the Electoral Act and INEC’s guidelines for the conduct of the said election.

The presiding Judge, Justice Honourable William Olamide before adjourning, ordered counsel to filed  and harmonise their positions in respect of documents to be tendered, those to be objected to and those to allow in without objection.

In suit No ,EPT/PL/HR/02/2023 between Adamu Muhammad Alkali ANOR against INEC &2 ors .EPT/PL/HR/06/2023 Vs John Moenwul Dafaan against INEC ,Isaac Kwallu ,PDP .EPT/PL/08/2023 Ibrahim Baba-Hassan Vs INEC & 6ors and EPT/PL/10/2023 ,Daniel Asama challenging Musa Avia Agah ,PDP, 4ors