Yakubu Busari
Parties in the 2023 National Assembly Elections Petition Tribunal sitting in Plateau state ,on Wednesday adopted their final written addresses between Ibrahim Kanje Bawa Vs Idris Ahmed Maje .
The Peoples Democratic Party, PDP , and Ibrahim Bawa the candidate are the petitioners, while the Independent National Electoral Commission (INEC), first respondent and the All Progressives Congress ,APC, Second petitioner and Idris Maje 3rd respondent who are joined as first, second and third Respondents respectively.
It will be recalled that the Independent National Electoral Commission (INEC), announced Rt.Hon. Idris Ahmed Maje of the APC as the winner of Wase Federal constituency seat on the 25th February, 2023 .
However, dissatisfied with the outcome of the election, both PDP and Ibrahim Kanje approached the court and filed a suit to invalidate the process that produced Wase ..
Addressing the court, counsel to first respondent, their final written address dated14-08-2023 file on same date were he admitted that the petitioner’s response to their final written address replied dated 23-08-2023 evidence final written urging the tribunal to dismissed the petition and affirm the election of Maje victory at the poll .
He said the petitioner cannot be seeking to be declared winner of the same election he is saying was null and void.
He described the petition as most bizarre, stressing that the petition should be dismissed with excruciating cost awarded to the petitioner.
On the other hand, lead counsel to the 2nd and third respondents Anya M.O.Omowu pleaded that the court adopt his written address and opined that the petitions lack merit that the petitioners lack locus standi to filed the petition .
They argued that the issues of non compliance to the electoral guidelines in some polling units in Wase and the exercise was characterized by irregularities during the voting ,thumb printing of ballot papers and preventing voters from conducting the civil right .
The respondents explained that exhibits 1R7 has settled the issue of non structure of the state PDP which they refused to adhere to the order of the court .Adding that whether the petitioners have satisfied the tribunal on the issue of sponsorship and nomination as December ,2022 as an attempt demonstrate there no evidence before the tribunal showing it .
According to the respondents ,the petitioners has failed to provide evidence in the number of polling units and voters registers so they urged the trial tribunal to dismissed the petition.
Meanwhile the 2nd respondent written address and replied 14-08-2023 and 23-08-2023 adopted the two processes on behalf of APC urged court to send the petition to final grave .
The Petitioners lead counsel ,Sharafa Yusuf while adopting the final written address and replied lashed INEC for committing serial acts of illegality and then want to take advantage of their own illegalities.
It was the same INEC that certified and gave us form EC8A, they cannot not now turn around to say we should have used form EC81. Form EC8A was for the Wase rep seat election and EC81 .
He equally adopted his written address dated 19-08-2023 urging the tribunal to grant the petitioners prayers as sought and with numerous evidence tendered .
In his words: “It was the same INEC that gave it to us, so you want to profit from your illegality.
The same INEC that will not bring out BVAS machine with the argument that the BVAS machine had already been erased after the election awaiting the governorship election. So having not brought it, it means that under section 147 of the Evidence Act, they were hiding a piece of evidence that they know if produced was inimical to their case.
“We have demonstrated that there was insecurity, there was violence, there was militarization of the polling units Bashar district ,Mavo , and Kadarko they were arguing in a most funny way that we should have brought security reports from the same security they paid to disrupt the election, that practically impossible.
The Tribunal adjourned for a date to be named and communicated to all parties.
The tribunal, led by Justice Mohammed Tukur as chairman and announced that a date would be communicate for judgment to the parties after counsels adopted their final written addresses.
