Plateau Tribunal  Pre-Hearing Of  Lalong’s Stalled As Court Adjourn  Deputy Speaker To 13th June

Yakubu Busari,

The Plateau State National and State Houses of Assembly  Election Tribunal has said the   Petitions are presented today Friday are status barred, “Meaning they are time bound”, hence the need to fast-tracking every judicial process.

According to Tribunal chairman an election petition tribunal is expected to be heard and determined within 180 days from the date of filing.

 Conscious of this fact, panels urge parties to always ensure due diligence in prosecuting their petitions in order to meet up the time frame.

Recall, at the last adjourned date, 30th May,2023, the National Assembly Election Petition Tribunal for Plateau State, sitting in Jos, adjourned the petition of the Plateau State immediate past Governor, Simon Bako Lalong to 2nd June, for trashing out all pending prehearing applications and to conclude them before entering into substantive suit .

However, on Friday, 2nd June in Jos when the tribunal resume it prehearing session , counsel to parties informed the Tribunal of new processes that were served on them some of which served in the courtroom during the prehearing.

Notwithstanding the newly filed and served motions, counter affidavits and written addresses, Lalong’s Counsel, Professor Olukayode Olamide, SAN, insisted that the Court should adhered to what parties had agreed to, at the last adjourned date by proceeding to resolve all prehearing sessions and conclude them.

Prof. Olamide, SAN, further suggested that the respondents’ Counsel could make verbal respond on points of law to the new processes.

Counsel to respondents, particularly that of the 2nd Responent, Mr. Arome Okwori vehemently objected, stressing that “Justice rushed is justice crushed.” The respondents’ counsel therefore, unanimously asked the Court to ignore the petitioners’ counsel and allow them to thoroughly go through the new processes served on them particularly that so many judicial authorities were cited therein and file their replies before the next adjourned date.

The matter was eventually adjourned to 9th June, 2023 for continuation of pre-hearing session.

Recall, the petitioners, Former Plateau State Governor, Simon Lalong and the All-Progressives Congress (APC) were defeated by the 2nd respondent, Air Vice Marshal Napoleon Bali (RTD) and the 3rd Respondent, People’s Democratic Party (PDP) with more than 57,000 votes in the 25th February 2023 Election for the Plateau-South Senatorial District.

Relying on the motion that the PDP has no structure in Plateau State, Lalong and APC approached the Tribunal to wrest the mandate given to Napoleon and PDP by the people of the Plateau South.

Independent National Electoral Commission (INEC) is the 1st respondent in the petition for declaring the 2nd Respondent, Napoleon Bali of the PDP, winner of the said Election and returning him elected.

On another development, the Three-Man Panel led by Justice Bello Muhammad fixed 13th June, 2023 for hearing of Ibrahim Kanje Bawa and PDP’s petition against the Deputy Speaker, House of Representatives, Ahmed Idris Wase, All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) following successful conclusion of the prehearing. Parties expressed satisfaction with reports of pre-hearing as read out by the Court though with few observations.

From issues for determinations; applications to undermine requests by parties; time for examination in-chief; cross examination and reexamination of regular and star/expert witnesses; number of days for parties to present their case to time for court session among others were all read out for confirmation of parties.

Ibrahim Bawa, SAN and the PDP have 21 days to establish their case before the Tribunal while the respondents have 10 days each to put their defence.

Recall, Bawa and the PDP are challenging declaration of Ahmed Wase as winner of the 2023 Election for Wase Federal Constituency alleging that the Deputy Speaker, Wase was not the right winner of the said election as he did not win the majority of the lawful votes cast.