Plateau Governorship Tribunal Fixes 11th September For The Adoption Of Written Address
Yakubu Busari
The Governorship Election Tribunal on Thursday has adjourned to 11th September 2023 for the adoption of final written addresses, as Peoples Democratic Party, PDP , opened and closed the defense with the zonal Chairman North Central, Hon . Theophilus Dakashine as the star witness.
Emeka Etiaba, SAN, Counsel to the 3rd respondent told the trial tribunal that they were adjourned for them to open their defense but he applied to tender documents that are already marked as exhibits for the records purposes.
He cited paragraph 46 (4) of the electoral act but counsel to the petitioners objected to the admissibility that reason for documents sought to be tender shall be advanced in their written address, and the 3rd respondent argued that a similar incident happens in the petitioners.
Etiaba apply to withdraw the documents earlier tendered where he pleaded to tender them in batches especially the CTC and one not certified shall be done from the bar the items were No,6, 3RH ,3RM, No10 & 11 which the first respondent said he is not opposing to the admissibility of those documents sought to be tender by the counsel to the 3rd respondent.
The lead counsel to the petitioners, Edward Pwajok said they were objecting to the admissibility of the items but chose to reserve it to the final written address.
The 3rd respondent seeks to withdraw the documents dated 2nd May 2023 which the witness statement on oaths which was done upon being served with the petitioner replied on 10-05-2023 which is almost four months in the petitioner’s custody.
According to Etiaba , the first listed 19 documents to be relying on, they further paraded 35 witnesses to attack the evidence of the 3RPW,Hon Theophilus Dakashine , however, the written statement on oaths of Theophilus was not concealed and his name was fully written on oaths but when the Senior Advocate Nigeria, Pwajok knew that the witness was his Senior in school and a national Vice Chairman to the 3rd respondent whose evidence is very vital he knew that he will come and testify so the testimony wasn’t a surprise to anybody.
The Cross Examination, Theophilus Dakashine statement on oaths dated 02/05/2023 in paragraphs 1&2 omitted the National Vice Chairman which was corrected immediately before the proceedings commenced and paragraph 28 line 3 was the exclusion . The witness listed Appeal Court judgment CA/196/2021, paragraphs 373:,136,371,39,40,41, Appeal SC/CV/1341/2022 sought to be tender by the petitioner’s counsel object.
Theophilus speaks about the successful Congress held at Landfield where N0,17 talk about nominations and sponsorship 21,37 where its revealed that Bitrus Kaze participated in the congress conducted by the 3rd respondent and after losing the election congratulated the winner, Hon Chris Hassan in exhibits 3RD1,3RH,46 sub(4) which is the 15 minutes video clap of the speech made by Kaze calling for the unity of the party.
However, when Etiaba ,SAN, sought the order of the court to allow the video to be played in an open court the petitioner’s counsel, Edward ,in paragraph 20,21 as item 1RB gubernatorial congress conducted by PDP exhibit 1RD repeated Congresses dated 25/09 /2021 .
Theophilus identified the INEC publication of the lists of successful candidates for 2023 general elections and the name of Barr.Caleb Manasseh Mutfwang in No 27 serial in form EC8E the summary of results from LGAs and declared result sheets.
3RPW1, Theophilus told the trial tribunal that he is very conversant with the process that took place before the state congress, yes, PDP followed the due process that lead to the nomination and sponsorship of Caleb Mutfwang because the NWC of PDP constituted a committee at the ward of 3 ad-hoc delegates in Plateau.
He explained further that the congress was monitored by INEC, in exhibit 3RM dated 30th April 2022 & 10/05/2022 respectively. And the documents check the list of one national delegate in each of the LGA which gave an order to the party to be ready to proceed with the gubernatorial primary held on 25/09/2021 following this development they conducted the 18th Day of March 2023 general elections . Since after the successful Congress, nobody contested the outcome of the congress in court, Theophilus told the trial tribunal.
After the congress, the candidate was issued with a certificate of return and was forwarded to the INEC electronically where the acknowledged copies were tendered in evidence on Monday, June 2022 by submitting the EC813 .
Theophilus explained how the state congress was monitored by INEC and no aggrieved party challenge the exercise in court , he debunked that the petitioners alleged that PDP didn’t have structure.
According to him, the party complied with the Plateau State Governorship Election Petition Tribunal 16/8/2023,.
Films to watch included:
1.PDP State Congresses ,2020/21.
2.Justice SP Gang Judgement 2020:
Hon. BITRUS . KAZE & 11 ORS V. PEOPLES DEMOCRATIC PARTY & 24 ORS.
3.Justice Yakubu Kunda: High Court 5. 2020, Between PLASIEC and PDP.
4. Appeal court in Jos 2021,Upheld the judgement of Justice Gang
5.Judgement of the supreme court , 7th December, 2022, dismissed and upheld the judgement of Justice Gang and Appeal court.
6.Justice Hope O. Ozoh, Election Tribunal. Jos North Bassa, Federal constituency. Between Hon. Gwani vs Hon. Musa Agah (PDP),
7.Justice Teni Hassan of
Appeal court in Jos, affirmed the judgement of Tribunal on Musa Agah vs Gwanni
8. Judgement of Pankshin South bye- Election Tribunal. Hon. Ezra Dakup vs Salome.
9.Appeal Court upheld the judgement of Hon. Ezra Dakup, Pankshin South Election Tribunal Bye-election were Theophilus had clear doubt of the petitioners.
