From Yakubu Busari, Jos
The governorship election petition tribunal sitting in Plateau State has resumed sitting in Jos and admitted evidence from four witnesses that testified before it for the petitioners counsel, Prof.Kayode Olatoye .
The legal fireworks is heating up as the election petition Tribunal for Plateau State set to resumed hearing of the petition filed by the governorship candidate of the All Progressive Congress ,(APC) , Dr Nentawe Yilwatda , challenging the declaration of Caleb Mutfwang as the winner of the March 18th governorship election in Plateau State.
The three-man panel comprising Justice. R. Irele- ifineh, Justice Sunday Olorundahunsi and Justice Y. Joh at the resumed hearing on the petition field by the APC and it’s governorship candidate listened to arguments and counter-arguments canvassed by counsels to Governor Caleb the People Democratic Party, (PDP) and the Independent national Electoral Commission (INEC) as 1st &2nd respondents, respectively .
The argument centred on the admissibility or otherwise of documents and witnesses tendered and called by the complainants.
During the sitting, the respondents through his counsels led by Pius .A.Akubo tendered documents which are dully certified in complying with the petitioners tendered documents dated 28/06 /2023 on the second scheduled by seeking the order of the court to adopt all processes .
However, the third respondent, Emeka Itiaba ,(SAN), said they have filed the objections in pursuant to the adoption of documents listed by the petitioners and said they preferred to go with the position of the 2nd respondent after which the tribunal admitted the documents and marked them as exhibits
Pius Akubo (,SAN) told the court that all his documents tendered in evidence were strongly relying on the set series of the said documents that border on the qualification of the 2nd respondent to contest election and the need to bring the attention of the court for easy cross examination of witnesses which potential regarding the petition .
However, an attempt was made by the petitioners counsel ,Prof.Kayode who vehemently opposed the application, which he alleged were supossed to be for pre- hearing session.
According to him, the time had already be allocated to each to prove his case especially the petitioners but the respondents have spent almost two hours on the same matter. Kayode pleaded that the documents should be tender while the witness be cross examine the witness but Akubo, rejected the said argument because it would be unfair for the respondents to used within time of the petitioners .
Akubo drew the court’s attention to item 8 concerning the CTC that was tendered from the Bar and he then tendered item 1-13 of the 2nd respondents. The documents were carefully arranged in the order listed serially and sequentially to fast track the process .
The Jurists admitted the said documents and marked them into exhibits 2HR1-R3.
Counsel to the petitioners, however, objected to the admissibility of the documents but reserved the arguments to the final addresses.
Ruling on the issue, the Jurists reserved ruling on the propriety of the admissibility of the documents or otherwise but allowed the respondents to tender in evidence brought before the tribunal.
The testimony of the APC collation agent of Naraguta ‘B’ ward, Aliyu Umaru gave evidence during cross -examination that there are 14 BVAS machines which disappeared during the cross examination as the LG collation center.
The APC collation agent had disclosed that he leaves at Febuna and that he was appointed by INEC not his party to carry out the assignment in the ward because a tag was given him by INEC to embark on monitoring of all the 264 polling units.
Hearing continues.
