Useni Vs Lalong: Tribunal Sets Date For Final Nock-Out Stage.

By Moses Gbande

The governorship election petition tribunal handling the petitions of Senator Jeremiah Timbut Useni of the Peoples Democratic Party, PDP challenging the victory of Governor Simon Bako Lalong in the March 2019 general elections has fixed July 25th for the nock out stage for the proceedings.

This follows the closing of the petitioners Case after submitting of evidences and calling of witnesses to testify before the tribunal.

The petitioners counsel Chief Mike Ozekhome, ( SAN). has within the ten days tendered over three hundred documents including forms EC8A(1) to EC8D and forms CF 001 which are basically INEC electronic voters registers for polling units, both certified and duplicate copies.

Others are the result s sheets of polling units across the state, INEC trainning manual and forms filled and Submitted by the second defendants, Simon Bako Lalong.

The petitioners, JT Useni and PDP are challenging INEC, as the first defendant that it did not fulfile due diligence in conducting the governorship election in plateau state and all precesses leading to the victory of Lalong and the APC were not iron cast, and wants the tribunal to nullify the election of Lalong,

The petitioners equally observed that the Certificates in which Governor Lalong tendered before INEC are inconsistent, with one bearing Simon Sule Lalong and the other bearing Bako Simon Lalong.

Counsel to the petitioners, Chief Mike Ozekhome, ( SAN) Contends that the issues of certificate are pre- election matters and post election matters too, and as such can lead to disqualification.

Some of the witnesses who were called to testify include INEC returning and preciding officers and polling units agents.

Some in the pre trial session witnesses claimed that there was indeed high level of irregularities during the polls, like over voting, non used of card reader mechines and mutilations of results.

At the winding down of calling of Witnesses, JT Useni tendered 27 more Documents before the Governorship Election Petition Tribunal, which were admitted in evidence by the turbinal.

The last Witness who was called to testify to wrap up that phase, was the Head of operations and logistics at the Independent National Electoral Commission (INEC), Jos Plateau State. Mr. Yagba S. Kundu.

Kundu told the Tribunal during cross-examinations that, as head of Operations and Logistics, his work touches on every Elections materials that were used during the 2019 elections.

The INEC Head of Operations and Logistics having identified the documents already tendered and admitted before the Tribunal as genuinely obtained and certified by INEC, the witness submitted same to the Tribunal as earlier pleaded for by Petitioner’s Counsel Chief Mike Ozekhome (SAN).

Chairman of the Tribunal Justice H.A Saleeman there after pronounced that documents are been admitted and also marked same, as exhibit P113.

Some of Documents Identified by the witness were Exhibits P28-P50a, P51-P100, P101-P121, P122-P144, P145-P185, P186-P197 in that order.

They also include INEC Certify True Copies and duplicate Copies of results Sheets forms EC8A and EC8P among others.

He identified and confirmed the exhibits documents earlier presented by the Petitioners before the Tribunal and confirmed same to be duly certified by Independent National Electoral Commission (INEC).

After examining the witness by Counsels to the 1st Respondent, INEC, 2nd Respondent, Governor Simon Lalong and that of the 3rd Respondent APC ,Counsel to the 2nd Respondent Pius Akubo then raised an objection calling for the closure of the witness examination, while 3rd Respondent also associated himself with the Objection.

This Objection was however overruled by the Tribunal Owing to the fact that, “witness under examination has the duty to clear certain grey areas and as such grey areas if not cleared becomes a matter of speculation” Said Chairman of the Tribunal Justice HA Saleeman.

Kundu However told tribunal that, INEC has no right to cancel any result in the absence of various political parties and their agents.

The Tribunal later adjourned till July 25, 2019 to commence defense on the matter.