Yakubu Busari
A Three-Man Justices of the Plateau South Senatorial Bye-Election Chairman Justice D.H. Khobo has withdrawn subpoenas and disqualified PW16, Hon Moses Thomas Sule, and Hon Pam Gyang Davou from coming to testify before the ongoing Election tribunal sitting in Plateau State.
While ruling on the application brought by the petitioner’s counsel, Barr. Sunday Oyawole, Justice Khobo said the subpoena dated 19-03-2021 issued on the witness wasn’t listed among the petitioners given his names as Moses Thomas Sule were the counsel to the first defendant, INEC, Barr Ibrahim. K.Bawa objected that the witness only appears on the witness box to give his name as Moses Thomas Sule without his full address.
According to the first defendant, paragraph 4 sub (b) was a violation of GF filed by the petitioners because he said no such leaf was sought.
The PW 16, gave his name as Moses Thomas Sule hailed from Angwan Hausa polling unit of Garkawa under Mikang LGA of Plateau state, he said.
Adding that one Pam Gyang Davou on the 19-03-2021 his application was vehemently rejected by this same tribunal after he appeared as the subpoena, the judge explained that whether there was annexed attach to the name BB but the rejection was considered as a similar incident that happened after the failure of petitioners counsel to bring in Davou Gyang. then petitioners smartly want to smuggle in another witness through the same back door which is incompetent.
The Judge ruled that the petitioners didn’t list the name, place, and residence of the subpoena but succeeded in using BB which had rendered the petitioner’s application useless and incompetent.
The Chairman explained that Moses Thomas Sule is not the name in the subpoena and base on the practice direction of 2011 provide that the witness list of scheduled most represent the alphabetical argument to further conceal the entered exercise or else the whole would be jamming by disclosing the name of the subpoenaed witnesses.
However, the judge ruling said this tribunal can’t speculate by the subpoena witness name because there was no connection with Moses Thomas Sule so that won’t stand as we dismissed the witness he can’t be allowed to answer another fiction name as BB under section 122 of the evidence act which the tribunal took judicial notice of all the case file.
The second ruling revealed that the witness, Pam Gyang Davou failed and was dismissed due to lack of the witness statement on oath disposed before this tribunal. The subpoena witness statement wasn’t filed alongside the petition.
He disclosed that it must be accompanied by the written statement base on the electoral act guidelines of 2011 amended.
The Chairman delivered that the statement was dated 17-03-2021 almost 3 months after the tribunal has already commenced her prehearing session and entered into the substantive matter in paragraph 4 indicated that such should have been filed by mentioning the witness statement that is front-loaded with the petitioner’s petition.
The ruling predicted that the statement is premature and can’t make any reference to paragraph 54 of the electoral act in this exercise and paragraph 4 sub 4 order 3 rule 3 of the federal high court not file alongside with other documents is incompetent because the tribunal started on the 16-12-2020.
Responding, Barr Sunday Oyawole urged the tribunal to adjourn so that he would consult with the petitioners to enable him to view the critical area of the approach.
He said the decision was left with the petitioners to carefully look at the petition because under section 36 of the constitution praying that tribunal should graciously grant them which was extended to Tuesday for the continuation of hearing.
