Mutfwang Closed Defense With 3 Witnesses, PDP To Open Defense In Governorship Tribunal

Yakubu Busari

Governor Caleb Manasseh Mutfwang of the Peoples Democratic Party, (PDP) has presented three witnesses to close his defense against Dr Nentawe Yilwatda of the All-Progressives Congress, (APC) on Monday the 15th Day of August, 2023.

The Governorship Election Petition sitting in Plateau Stage resumed the continuation of hearing for one month break to enable first , second and third respondents to open their defense .

However, the first respondent, Independent National Electoral Commission,INEC, opened and closed defense without presenting a witness but tendered volumes of documents from the bar.

The counsel to the 1st respondent, S .Tugh , Senior Advocate of Nigeria ,SAN,told the trial tribunal that the matter was adjourned for continuation of hearing so they have arrived in the conclusion desire not to call any witnesses so apply to close his defense .

However, the counsel to Caleb Manasseh Mutfwang ,P.A.Akubo , Senior Advocate of Nigeria, SAN, says the 2nd &3rd respondents have filed two separate schedules which were served on all counsels.

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He adopted the second respondent scheduled dated 14th Day of August, 2023 and filed on the 15th Day of August, 2023 but the counsel to the petitioners, Edward Pwajok objected to the tendering of those volumes of documents and told the trial tribunal that they would indicate their objections reason in their final written address.

The trial tribunal Chairman, Hon. Justice. R. Irele- ifineh Hon. Just. Sunday Olorundahunsi Hon. Just. A.Y.   Joh admitted the documents and marked them as exhibits but was quick to remind counsels that any documents not pleaded shall be expunged during the judgment.

Pius A.Akubo ,RPW1 was Mr Dang Choji of Chwelyap resident of Jos North LGA a businessman whose disposition at the secretary of the tribunal dated 6/8/2023 seek the order of the tribunal to make adjustments on the collection to the presiding officer which was done in paragraph 4 line 1 respectively.

Choji told the trial tribunal that there are 14 polling units results of Naraguta (B) that the returning officers disappeared with it including BVAS machines used for the conduct of the exercise.

Before the cross-examination, Pvwajok switched to Mathew Burkaa,SAN , to continue the cross-examining of the witness inside the docked as he adopt his statement on oaths and the counsel requested for form EC8B 1 exhibit 2RB6 the official results Naraguta Ward.

The witness was asked whether he observed the conduct of the voting exercise he said, “Yes” .

The staff of INEC conducted a credible election in Jos North in accordance with the guidelines of the electoral act , he said yes.

Choji also confirmed to the tribunal that BVAS machines were used throughout the voting exercise and were used for accreditation including voter registers and after the conclusion all agents of the political parties signed the results sheet.

He explained further that the result was sorted out and counted and entered into form EC8A1, adding that election was conducted peacefully.

Patrick G.P ,RPW2 of Da Mamam Dang of polling unit code 028 also confirmed that the election was conducted peacefully in his own polling unit without any rancor and BVAS machine was used by the officials of the 1st respondent.

According to the RPW2 ,after voting he went around other polling units because the party PDP was assigned to supervise LGA election .

He made the clarification that the LGA coalition officer was not Sunday Pius but Patrick G.P where he admitted the results lasted for more than 24 hours before they officially pronounced the winner on Sunday.

The RPW3 Hwelleng Yohanna Nyam of Rock Haven in Jos North LGA confirmed the same processes of conducting a peaceful governorship election on the 18th March 2023 which he explained that the exercise was hitch-free.

 On the 16th Day of  August 2023  People Democratic Party (PDP) , springs up supervised as the counsel confirmed to trial tribunal of its sudden close down its  defence at the ongoing Governorship Petition tribunal sitting in the state capital.

PDP who is the 2nd Respondent in the matter opened it defence on Tuesday 15th August 2023 after the panel resumption from the break it embarked on middle of July 2023.

The case is for the Continuation of the hearing and PDP  who is the 2nd Respondent in the matter continued his defence after presenting three witnesses on Tuesday 16th August 2023.

The 2nd Respondent takes the panel aback when the counsel to 2nd Respondent P.A Akubo told the panel that the 2nd Respondent having reviewed his matter, considering the numbers of witnesses paraded by the Petitioner APC, which in a small measure has helped the case of the 2nd Respondent,we have decided to close our case.

Akubo further said the decision of the 2nd Respondent to close the matter is to avoid wasting the precious time of the tribunal as the party cherishes and values the principles of time management.

As against this backdrop, and on behalf of the 2nd Respondent, we want to apply for the closure of our defence.

In a quick reaction, Caleb Mutfwang, through his Counsel Emeka Etiba (SAN) Respondent told the court that on their part , they are ready to open defence immediately, but applied for stand down to put one or two things together that will assist him in defence.