How The Tribunal Rejected Admissibility Of Lalong  Documents

Yakubu Busari

The National and State Houses of Assembly Election Petition Tribunal (EPT) Jos Division sitting at the state High Court Complex, Jos, in suit number EPT/PL/SEN/02/2023 between Simon Bako Lalong and Napoleon Binkap Bali, challenging the declaration of Napoleon Binkap Bali as the duly elected senator representing Plateau South Senatorial District in the February 25, 2023 general election.

However, on Wednesday, June 21, 2023, Lalong counsel tendered in exhibit a quantum of documents ranging from judgments, INEC materials, and others.

The legal altercation started when counsel for the petitioner, Olatoke (SAN), announced an application for the withdrawal of the schedule of documents filled on June 20, 2023, and to proceed with the one dated and filled on June 21, 2023, while counsel’s for the first respondent, Yunus Abdulsalam; the second respondent, Arume Julius; and the third respondent, JM Okafor, did not object to the application, thereby giving them the headway to proceed and tender judgments, which was marked exhibit 1–12, though it was vehemently objected by the 1st and 3rd respondents, while counsel for the Peoples Democratic Party (PDP) 2nd respondent didn’t object to the admissibility of the documents.

The petitioner’s counsel further tendered a Certified True Copy (CTC) of the Independent National Electoral Commission’s (INEC) 120-page total number of registered voters and Permanent Voters’ Card (PVC) collected dated May 26, 2023, in which the three respondents unanimously objected to the admissibility of the documents and further stated that they would state their reasons in their respective final addresses.

While tendering CTC forms EC8E1 declaration of result, EC8B1 summary of results, and EC8A1 summary of results for six local government areas, as well as Form EC8B1 summary of results for the disputed 70 polling units spread across 38 wards in the six local government areas that make up the senatorial district, the counsel for the first respondent, which is INEC, was dramatically rejecting the admissibility of a purported document emanating from them, likewise other respondents in the suit.

Counsel for the petitioner has enumerated the disputed registration areas (wards) to include 7 Registration Areas in Shendam, 9 Registration Areas in Qua’an Pan, 5 Registration Areas in Wase, 8 Registration Areas in Langtang South, 7 Registration Areas in Langtang North, and 2 registration areas in Mikang LGAs.

In Shendam LGA, the affected registration areas and polling units are: Kalong registration area, which affected three polling units: Dungram 007, Gongvel 013, and Kalong 006; Pangshom registration area, which affected three polling units: Kwapdashe 020, Poediel 007, and Ganuwa 032; Kurungbau “B” registration area, which affected two polling units: Ungwan Burmawa 003 and Yamini Ungwan Hausawa 009.

Other registration areas are: Poeship registration area, which affected two polling units: Kurwat 009 polling unit and Bakin Kogi 008 polling unit; Shimankar registration area, which affected only Biembiem 006 polling unit; Shendam Central “A” registration area, which affected three polling units: Kurung Namodu 012 polling unit; GSS Shendam 010 polling unit; Kopgalwa II 013 polling unit; and Yelwa registration area, which affected only Nshar 009 polling unit.

The petitioner’s counsel equally disputed nine registration areas in Qua’an Pan LGA involving 22 polling units, which are: polling units 004, 005, 009, and 012 in Bwall registration area; polling units 001in Kwa registration area; polling units 016 and 013 in Doemak Goechim registration area; polling units 002 and 003 in Doemak Koplong registration area; polling units 003, 004, 005, 007 and 022 in Kurgwi registration area; polling units 004 and 006 in Dokan Kasuwa registration area; polling units 009, 011 and 022 in Kwalla Moeda registration area; and polling units 31, 36 and 66 in Namu registration area.

The list of disputed local government areas included Wase LGA, involving five registration areas, amongst which are: polling units 015 and 022 in Kadarko registration area; polling units 006, 007, 024, 034 and 036 in Kumbur registration area; polling units 003, 004 and 006 in Wase Tofa registration area; polling units 004, 006 and 007 in Mavo registration area; and polling unit 003 in Yola Wakat registration area.

In Langtang South LGA, eight registration areas are equally subject to legal altercations involving polling units 001, 006, and 008 in Turaki registration area; polling units 002, 003, 007, and 019 in Mabudi registration area; and polling units 006 and 008 in Lashel registration area.

Seven registration areas would equally be subjected to a legal litmus test in Langtang North LGA involving polling units 004 and 025 in Kuffeng registration area; polling units 002 in Kwallak registration area; polling units 002 in Kwanpe; polling units 005 in Pishe Yashi registration area; polling units 003 in Pil-Gani; polling units 004 in Warok registration area; and polling units 006 in Pajat registration area.

In Mikang LGA, only two polling units are in question, involving one polling unit in Piapung and Baltip each, while the matter has been adjourned to Friday, June 23, 2023, for the continuation of the hearing.