By Moses Gbamde
The Election Petition Tribunal handling the petition of the Peoples Democratic Party, PDP and its candidate in the last Plateau South Senatorial by-election, George Daika, who are challenging the All progressive Congress, APC, the Independent National Electoral Commission, INEC over the election of Senator Nora Daduut, on Friday delivered a one – one rullings in favour of both parties.
Our Judicial Correspondent observed from the proceedings that supporters of the petitioners were almost losing hope in the case based on many of the applications were ruled against their party, PDP and it’s candidate.
The nock out stage was that, the petitioners, based on the pre- hearing information reports of the tribunal, backed up by first schedule of the electoral act, the petitioners were to close there case yesterday, Thursday, 25th March 2021.
The petitioners who were already handy to call their last bactch of witnesses, eventually tenderei two applications to make before their Lordships.
The two applications were seeking the leaves of the tribunal to allow the petitioners to file and use the Subpaened witness on oath of Mr. Shebu Baba, the head of operations of INEC, who was listed as A. A in the petitioners petitioners.
The second application sought the leave of the tribunal to grant the petitioners to appeal against it’s ruling of the 19/3/2021, where defendants counsels appeal that the tribunal should according to the law grant them 7 days to study and counter the applications there in, having been served late, which the tribunal granted.
The petitioners however, met stiff resistance, by defense counsels when the lead counsel to the petitioners, S. Oyewale Called to witness box, one Gyang Davou.
There objections were that, the said witness was not listed by the petitioners on the list of witnesses they intend to call and that had disqualified his competency to testify before the tribunal.
And that, the petitioners did not at any point in the cause of the proceedings applied to amend itss petition, hence allowing the witness would be a violation of electoral act, backing up with various authorities, where the petitioners too replied, after which the tribunal reserved rulling on the arguments.
On the resumed date, yesterday, 26th March, 2021 the tribunal ruled in favour of the defendants, and the witness was barred and stands disqualified to give his testimonies before the tribunal.
Supporters of the petitioners were however visible felling frustrated, but respite came there way when the petitioners counsel, applied to the tribunal that, they can’t close their case at the moment, because they have pending applications the tribunal and the law permits that the outcome of the applications would determine the next line of action.
Arguments were advanced by defendants counsels prompting the presiding Judges to rise for a stand down to enable them rule on the matter.
Shortly after the break, the tribunal held that for the interest of Justice, they can’t force the petitioners to close their case, until the pending applications are heard an the determination of the application would shape the proceedings of the tribunal,, and however adjourned the matter till after Easter break for the continuation an hearing obtje applications
restored hope for both parties by delivering
Nasarawa Reporters 