From Yakubu Busari,Jos
The Governorship Election Tribunal Sitting in Jos the Plateau State capital on Saturday dismissed the admissibility of a witness tendered without his name listed in the 1st and 2ns scheduled of proceedings .
Dr. Nentawe Yilwada Goshwe and his party, the All Progressive Congress (APC) on Saturday called his additional witnesses to proved his case in continuation of the prosecution of the Petition before the Plateau State Election Petition Tribunal sitting at the High Court Complex Jos.
The Petitioners lead Counsel, Edward Pwajok (SAN) told the Tribunal that they intended calling seven additional witnesses having called six previously to testify.
However, when the 6th witness for the day and 12th in all, mounted the witness box and was affirmed, Emeka Etiaba (SAN) Counsel for the 3rd Respondent (PDP) sought to know where the name of the witness was on the Petitioners Amended list of witnesses in the 2nd scheduled .
Petitioners Counsel, Mathew Buka”a (SAN) whom immediately had taken over proceedings from Edward Pwajok (SAN) could not convinced the Tribunal were the witness was listed and quickly made an oral Application to withdraw the witness.
In the light of the above, Counsel for the 3rd Respondent vehemently objected saying, “My Lords, the witness has been affirmed but is incompetent to testify in this Petition because his name is not on the Petitioners’ Amended list of witnesses”.
Counsel for 3rd Respondent predicated his objection on paragraph 4 sub paragraph 51 of the 1st Schedule to the Electoral Act which talks of a witnesses to testify and not a witness who has deposed to a statement on oath.
His submission came against the backdrop of the fact that Counsel for the Petitioners had earlier sought the leave of court to continue in examination in chief while the name of the witness being sorted out in the list as his statement on oath was before the Tribunal.
On behalf of the 2nd Respondent (Caleb Mutfwang), P. A Akubo, SAN, and Dr. A. A Adewale Counsel for the 1st Respondent (INEC) aligned with the submission of Counsel for the 3rd Respondent.
In his response, Counsel for the Petitioners relied on the Application made earlier to withdraw the witness.
In its ruling, the Tribunal held that the witness was incompetent and was accordingly discharged.
All the five witnesses taken by the Tribunal on Saturday spoke to exhibits relating to Polling Unit Results.
However, they all confirmed none of them was a polling unit agent of the said polling units but either Ward Collation Agent or Local Government Collation Agent.
They also confirmed that none of them was equally registered and voted in the polling units under dispute.
Again, all the witnesses confirmed to the Tribunal that all the polling unit agents for the said election are all alive.
Also, while some of the witnesses who have claimed in their deposition that election was not conducted in the polling units in disputes, they however, did confirmed to the Tribunal under cross examination that election was indeed held in the said polling units but cancelled.
As matter of fact, PW8 (Danbong Nanbol) confirmed to the Tribunal that though the elections in Zamko, Shishiri and Lemo Primary School polling units results were cancelled, PDP won in the said polling units before the cancellation.
Most of the witnesses have also agreed to have been trained by the electoral umpire, INEC and that by virtue of their training, if election is not held or held and later cancelled, INEC documents such development in writing.
They have equally confirmed to the Tribunal that reason (s) for not conducting or for the cancellation are also documented in writing.
All the witnesses have also agreed that their party (the APC) had their agents represented in all the polling units in dispute.
Again, all the witnesses could not show the Tribunal any INEC document to confirmed there was no election in the polling units they claimed election did not hold.
Still, in some instances, witnesses confirmed to the the Tribunal that election in some polling units was cancelled because of over voting and further confirmed that election cancelled and election not held are the same.
Apart from PW7, other witnesses who testified were; PW8, Danbong Nanbol, a politician and farmer who lives at Keller, Langtang North Local Government Area.
PW9, Usman Abdullahi Dakam from Quan’Pan Local Government Area, PW10 Brendan Sallah, a business man and politician from Shendam Local Government and PW11, David Adukuben, a retired civil servant who lives at Jebbu-Bassa, Bassa LGA.
