Plateau Guber Tribunal Commences Sitting On J.Tuseni Vs Lalong Suit , PDP Seeks For Disqualification
The Governorship Election Tribunal sitting over a petition filed by the People Democratic Party, General Jeremiah Timbut Useni against the Independent Electoral Commission, INEC, Governor Simon Lalong and the All Progressives Congress, APC, is seeking the tribunal to disqualify the election of Governor Simon Lalong as the elected Governor of Plateau state and announce Jeremiah Useni .
Counsel to the petitioners, Chief Mike A.A.Ozekhome ,SAN,and Hon Edward Pwajok ,SAN, in their affidavit in response to the second respondent ,Governor Simon Lalong counsel, Barr. Lateef Fagbemi motion dated 21-06-2019 and filed on the 2-06-2019 in a chamber of Lawal Ahmadu and supported by five paragraphs also have a written address attached to it with expand of 4 pages .
He stated that we hereby adopted everything in the counter affidavit on behalf of the petitioners as he also drew the attention of the tribunal the objections raised on the competency of the support to their motion inside the originating surmount .
According to him, under section 105 of the electoral act, Mike Ozekhome argued further that removing a word would be a defect to their facts and evidence which is before the tribunal .
Ozekhome explained further that their written address dated 17-05-2019 attached to counter affidavit, we adopt all of them because this are very important to the petitioners argument by seeking the tribunal to grant reason best cause of action
He said the applications were a complaint base on Governor Simon Lalong is lacking competent qualification to contest for the position of Plateau state governorship for presenting certificate reading Barr. Simon Sule Lalong not Barr. Simon Bako Lalong as he claim.
Mike Ozekhome told the tribunal that the matter can be entertain because this is not pre-election issue, asking the tribunal to award all the votes cast on the election day should be wasted votes and that should not be awarded him but to be given Sen. JT Useni .
We now see that his participation to contest has been faulted in some of our paragraphs which is death on arrival, the facts raised are legally granted in the constitution of the federal republic of Nigeria that had electoral mandate to mention.
The two motion raise by Barr.Lateef Fagbemi and Barr. Garba Pwull of the 2nd and 3rd respondents which border on issues of qualification seeking the tribunal to remove some of the identified items .
Lateef Fagbemi motion dated 26-05-2019 and filed on the 7-06-2019 asking for seven main grounds relief and anchor on 31 grounds with affidavit of 36 paragraphs in Ayuba Jacobs Esq .In support to the applications ,we have a reply on point of laws.
Another was on the 8-06-2019 and filed on the 10-06-2019 which has been taken over by events because we have already entered into the prehearing session so we hereby adopt relaying on the process as their argument, he said.
He drew the attention of the tribunal attention to paragraphs 35 subsections 2.01 and 2.07 to their reply on point of laws saying, it is not enough that one comply to supplying facts which has not offended the provision of law .
Fagbemi frowned that setting pages of the petitioners goes against the provision of electoral act especially paragraphs 37 were the second respondent argued that ,we challenge the objections raised by Barr Mike Ozekhome that they’d committed any infringement of the section 285 law.
Meanwhile, counsel to the 3rd respondent, Barr Garba Pwull said he also filed a motion asking for the honourably tribunal secretary which in it ,is 10 paragraphs with affidavit that dully signed by the legal adviser ,Barr.Nyam Arum so hereby ride on all paragraphs and I adopted same as my point of argument in the petitioners case.
There is a counter affidavit which serve as a motion to which we reacted by replying on point of laws ,our motion dated 7-06-2019 and was filed on the 9-06-2019 that was strictly on law not on technicality ,he added.
The petitioners in response to 3rd respondent motion on 10-06-2019 filed his own counter affidavit 17-05-2019 and filed same on the 20-05-2019 which is a six paragraphs affidavit ,the petitioners had written address attached to affidavit by adopting all of them because the statement have very vital argument ,he noted .
The 1st ,2nd and 3rd respondents didn’t opposed to the applications brought by the petitioners and justice Halima Salman granted them .
Also Fagbemi was seeking for two prayers asking the tribunal to extension of time for him to filed his argument in response to allegations levelled against Governor Simon Bako Lalong .
Useni and his party PDP has approached the tribunal seeking to quash the election of Governor Simon Lalong for presenting fake certificate to INEC during his first tenure in 2015 general poll .
Justice Halima Salman has adjourned the case to 15-06-2019 for prehearing session and 26-06-2019 for substantial suit to heard .