Tribunal Admits 7, Dismisses 3 George Daika Documents, Against Prof Daduut
The Governorship /National Assembly, House of Representative Election Tribunal sitting at the State High Court West of Mines in Jos Division, Plateau State in the last two days has been stalled by series of argument over the admissibility of some vital documents sought to tender by the petitioner’s counsel, Barr Sunday Oyawole .
The Plateau South Senatorial bye Election between the People Democratic Party, PDP, candidate Hon George Edwards Daika challenging the return of Senator, Prof Nora Ladi Shallong Daduut of the All Progressive Congress, APC, witnessed dramatic argument which now entered the second weeks delay from materials sought to tender and the name of one Moses Thomas Sule who came as PW16 to the tribunal subpoena.
The Thursday proceedings lasted for fives hours when Barr Oyawole told the tribunal that the following documents should be admitted in evidence but was rejected by the tribunal as form EC9C, Particular of credentials of Prof Nora Daduut’s Form EC9A-I and Form EC13C and the ones that the tribunal Chairman Mark as admitted was INEC election manual mark as P19, INEC Regulations mark P20, INEC Regulations mark as P21, APC constitution P22, a constitution the Federal Republic of Nigeria Mark as P23, APC Letter to INEC National Chairman Prof Mahmoud Yakubu P24 and INEC certified true copy of form EC9, P25 with the certified true national Exco documents P26 respectively.
While ruling on the application presented by the petitioner’s counsel Barr Oyawole, and the First defendant counsel Barr Ibrahim K. Bawa, SAN, INEC and that of the second defendant Prof Nora Ladi Daduut, Barr Pius Akubo, SAN, and the 3rd defendant the All Progressive Congress, APC, Barr Garba S.Pwul in a suit NO, EPT/PL/PH/01/2020, Chairman of the three-man panel, Justice D.H. Khobo took to deliver his historical landmark ruling.
The petitioner’s documents sought to tender on issues bordering on the caretaker committee of Yobe state Gov.Mai Buni serving as a committee when section 223 of the 1999 constitution was breached by law, APC, constitution article 17&18 and section 36 of the constitution which clearly explain the position of the Gov Buni overstaying in the office to sign an executive order and where he is still current Governor.
The law carefully emphasized that the NWC didn’t convey the emergency stakeholders meeting to allow the 3rd defendant to forward her name based on the party rule.
“It would be recalled that the tribunal petition was dated 16th December 2020 and filed on the 17th February 2021, and the tribunal kept having break owning delay from the petitioner’s counsel Barr Michael who mess up the pre-hearing session and was later transfer to Barr Sunday Oyawole who battling with the damage control of struggling to fix it “.
The defendant’s counsel in their separate argument objected to the admissibility of some of the petitioner’s documents that they didn’t put them in their list of documents so they can’t ambush them through the back.
Oyawole explained that the tribunal ruling on March 2021 on documents sought to tender were annexed to the like of fair hearing base on the 1999 constitution so as to give the party right even some of the first defendant tender some of the petitioner’s documents.
However, Bawa, Akubo, and Pwul said that petitioners argument dated 01-03-2021 in paragraph 23 sub 1 the petitioners trying to import so unspecified letters without reference to date letter of subpoena EC9C, throughput was not pleaded and is conspicuously missing in that list of 19-03-2020 which they sought to amend their petition.
According to their separate arguments, the parties are bound by their pleading and form EC9 seeking to be tender through the back door were not pleaded or referred to in EC13C which is appearing for the first time pleaded documents but this wasn’t in paragraph 208,,21 of the petitioner’s documents.
While replying, Oyawole argued that in the case of Hashidu against Sen Danjuma Goje that material most have to be pleaded, adding the allegations of forgery were contrary to paragraph involving First School Leaving Testimonial, West African School Certificate, First Degree Award by Ahmadu Bello University, Zaria, NYSC discharge certificate, and lastly Married certificate were all bearing different names.
He told the tribunal that the issues raised are materials fact and can only be pleaded not as proof of evidence he can’t lead evidence from the respondent’s disposition and can it pleading that the documents jettisoned the process of 382 paragraph E-F which distinguished the facts from materials of mire evidence.
When the matter came up for the continuation of hearing of the Petitioners case argument eschewed leading to spending the whole day without going for a break.