Plateau Tribunal Admits More Evidence In PRP Petition Against Musa Agah

Yakubu Busari

The National Assembly Election Petition Court (NEPC) has admitted Certified True Copies (CTC) of electoral documents as evidence in the petition filed by the Jos North /Bassa  candidate of the People Redemption Party (PRP) Hon .Adamu Muhammad Alkali ,alias Goni , against the election of member elect Hon.Musa Avia Agah of the People Democratic Party (PDP) on the 25th Day of February, 2023.

The Chairman of the People Redemption Party,PRP, Hon .Rabiu Lawal statement of oaths was admitted and adopted by the tribunal Chairman ,Honourable Justice William Olamide .

The documents, consisting of polling unit results known as forms EC8A, were tendered by Alkali  legal team led by Ruba , a Senior Advocate of Nigeria (SAN), during the admissibility of valid documents as the court resumed  hearing of the suit on Monday 19th, June at High court 6 .

However ,Independent National Electoral Commission ,INEC ,counsel ,Barr.Sunday Oyawole objected to the admissibility of documents but he would address the court during the final written address were they presented exhibit B37 which is BVAS reports in paragraph 29 CTC from INEC was tendered in evidence .

And the paragraph 22 of witness statement was pleaded results and admitted subject to the contention and marked as exhibit B38 the BVAS machine .

During the proceedings, Alkali’s legal team informed the court of their intention to present CTC of the documents from Kabong ,Tudun Wada ,Naraguta B, Angwan Rogo ,Rukuba road ,Nasarawa Gwom others polling units results.

In Cross examining Sunday Oyawole asked the witness ,PW1 ,Rabiu Lawal whether he was a card carrying member of the PDP but replied that no ,and do you participated in the process that led to the emergence of the 2nd respondent ,Musa Agah as the candidate of the PDP ,3rd respondent ,his answers is no .

Lawal says ,he didn’t know when the 2nd respondent was valid nominated candidate of the PDP but the don’t have Exco which was presented exhibit B5 entire judgments were attached and marked as exhibits ,B1,B2 the judgment of 28/11/2022 from the court of appeal and 20 polling units results are admitted .

However when shown the exhibits P6-P36 the polling units results as agents form ,then Rabiu Lawal says as the chairman of the PRP INEC gave him tag to go round all the polling units and inspect the voting on the 25th of Day ,2023 .

According to him,each of the polling units has its own BVAS machine and and register which everyone most be screened by INEC officials before casting his or her vote and he confirmed that BVAS machine was used but he didn’t operate or handle any .

Then ,polling units  result sheets were tendered during the proceedings were from Jos North to Bassa ,Jingre ,Rukuba and Miango and among the forms EC8As presented to the court, the petitioners initially intended to present the bundle of forms for 20 polling units results .

The respondents in the petition, including Musa Avia Agah  legal team led by Pius Akubo , SAN, objected to the admissibility of the Certified True Copies of the documents also said he reserved it to his final written address .

They stated they would provide their reasons for objection in their final written addresses.

The Independent National Electoral Commission (INEC) and the People Democratic Party (PDP ) also opposed the admissibility of the documents ,David Peter Dusu

However, the three -man panel, led by Justice William Olamide  admitted the documents from the 20 polling units in Jos North and Bassa  Local Governments as evidence and marked them as Exhibits B1 to B38

The panel adjourned further proceedings in Alkali ’s petition to June 22, for continuation of hearing.

They also challenged Musa ‘s eligibility, alleging that he was previously knock out for lack of party structure and disobedience to the court order in case of Bitrus Kaze Vs PDP .

Also testified was Nazir Abubakar Sani of Bauchi road and trader who served as agents his statement on oaths was front loaded as witness statement dated 17/03/2023 .

Alkali , who came 2nd according to results announced by INEC, claimed that the election was invalid due to corrupt practices and non-compliance with the provisions of the Electoral Act, 2022,and election was marred by irregularities ,mutilation and cancellation including over voting .

The PW2 argued that INEC breached its regulations and guidelines by not prescribing and deploying technological devices for voter accreditation, verification, continuation, and authentication as required.

The petitioner sought a declaration from the court that Musa Avia Agah was not qualified to contest the election and that all votes recorded for him were wasted.

He also requested the court to determine that he received a majority of lawful votes and satisfied constitutional requirements to be declared the winner.

In the alternative, he called for the cancellation of the election and the conduct of a fresh election in which Musa Avia Agah , and the PDP  would not participate.