By Yakubu Busari,Jos
The National Assembly /Legislative Houses Election Tribunal sitting in Jos has dismissed the motion to bring additional witnesses by General John Nanzip Shagaya of the All Progressive Congress challenging Lt. General Jeremiah Useni of the People Democratic Party .
The tribunal Chairman, Justice O.O Akeredolu, while ruling on the application dismissed the motion seeking to bring in additional witness to testify as an agent of Zamko polling units on Wednesday following a request which was thrown out.
The counsel to Shagaya, Barrister Paul Eroko seeks to add more witnesses however the motion by 1st and second respondents was rejected.
In his submission, he urged the tribunal to increase to more witness before the honourable court.
Adding that if the tribunal will allow all the polling units agents to testify before its , there won’t be any delay or miscarriage of justice that will happen as it will help to reduce problems.
General John Nanzip Shagaya rtd had challenged the declaration of Lt General Jeremiah Timbut Useni as the winner of March 28 governor elections by the Independent National Electoral Commission.
Shagaya had urged the tribunal to nullify the election of Useni by calling the chairman of the tribunal to dismiss it at preliminary stage and announce him the winner of the poll.
Counsel to Lt General Useni, Barrister J.N. Okafor urged the tribunal to dismiss the petition filed for lack of merit because witnesses had been called and documents on the elections tendered before the tribunal only one prove to be original agent in the three witnesses.
Also, Counsel to the Independent National Electoral Commission, David Masu , urged the tribunal to disregard the prayer of the petitioner and dismiss the case rather than striking it out.
In her ruling, Justice’s O.O .Akeredolu held that the tribunal aligned with the argument of the 1st and Second respondents that the motion to add more witness is bridge of tribunal proceedings therefore dismissed.
She held: “All the respondents have agreed that the application is that of dismissal.
“We have carefully considered the submissions of the counsels after 30 minutes of stand down on the matter”.
“We have considered that the proper order is dismissal repealing the tribunal to exercise into tribunal section 308 is not applicable to this case ,asking the counsels to continue with the witness ,Yusuf in case of Bello Vs INEC his lordship set aside the judgment without jurisdiction” .
