Yakubu Busari
The Plateau State Resident Electoral Commission, REC, has been declared absent and on the run as the state chapter failed to produce results of 2023 Plateau Central Senatorial district when the petitioners have provided duplicates of the results for the entire five local government councils after the trial tribunal compelling him to appear has failed on three occasions but couldn’t appear to clarify his stand.
However, controversy still trailing the action of the REC, when section 65 (1) gave condition for seven days and section 149 stipulated how the cancellation should be done which can reclaim by a tribunal and in addition section 64 (7) (9) says where an electoral officer declared false results is liable for imprisonment for 3 years or fine of N5 million.
The INEC has conspicuously failed to produce to the tribunal results of Prof Daniel Davou Dabi results whom he declared that the exercise is inconclusive owning to the mutilation, cancellation, over voting and irregularities during and after the collection of results.
Prof Daniel Davou told the trial tribunal that he came to conclusion where results from polling units in Kanam LGA and other LGAs couldn’t tally with reports available to him as returning officer under electoral act ,2022.
The tribunal is undergoing presentation as a mark of respect on section 69(2) where the first respondent counsel, Rabiu Sani urges the head of logistics Miss Kunkon Temlong to represent the REC.
The petitioners counsel, Bar.Philip Nyilini told the trial tribunal that the chairman of the REC was adequately communicated when the counsel is now claiming that the Resident Electoral Commissioner was not aware of the order compiling to physically appear before this honourable court.
During the proceedings, Miss Kunkon Temlong presented some sensitive documents on behalf of the REC but they are already CTC which is already before the tribunal.
The petitioners counsel, Philip rejected that those are documents that were not among the items to tender but are those results from the five LGAs which Prof.Daniel Davou Dabi signed to cancelled the election and order fora rerun.
Rabiu Sani confirmed that they are not having Prof. Daniel Davou Dabi results in their custody but one Dr Jimmam Lar results that declared Hon.Diket Plang as the winner has already tendered in evidence before the trial tribunal.
“All the computerized results are still missing and not in our custody and we can’t produce what we don’t have to the tribunal, so it is not in my custody, WE haven’t seen that results Kunkon Temlong presented and are marked as exhibits P8c, P8d were he made application for the head of logistics to be discharge “, he said.
He stressed that even as he is speaking to the tribunal the Resident Electoral Commissioner is yet to receive notice of service on the documents that are not available.
While the matter was adjourned for the continuation of hearing, petitioners counsel said they earlier requested for INEC to supply the tribunal with Central Primary School polling unit of Kanam LGA.
Sani lead counsel presented the assistant legal officer, Mr Apollo’s Ayuba Gutex in view of compiling order from the tribunal were he tendered form EC8A and the respondents objected to the admissibility of the documents to be canvassed in their final written address.
The petitioners counsel, Philip tendered the documents of Dengi Central Primary School where INEC went to cybercafe to print the said results and the admitted it in as evidence.
Justice Mohammed Tukur admitted the documents and marked it as exhibits P36A-B as the petitioners closed their case.
The tribunal insisted that counsels should ensure that the present and close their cases before Friday and adjourned to 28th September,2023.
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