Plateau: Plateau State Election Petition Tribunal resumes sitting after a Two-week Break

Court of Appeal, Nigeria
3 min readJul 28, 2019

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The Plateau State Governorship Elections Petition Tribunal resumed sitting at the High Court 7, West of Mines Jos to continue hearing on the Governorship Petition between Senator Jeremiah Timbut Useni of the People’s Democratic Party (PDP) and Rt. Hon. Simon Bako Lalong, the INEC and the All Progressives Congress (APC) on 25th July, 2019 after a two-week break.

The Petitioner, Senator Useni was in appearance with the Lead Counsel Benson Ibeanor and eight others. While the first Respondent, INEC, had Clement Onwuenwunor with two others appearing while second Respondent Simon Bako Lalong had Lateef Fagbemi(SAN) and J.A. Akubo(SAN) and eleven others appearing and lastly the APC had Olushola Oke (SAN) and ten others.

The three-member Tribunal chaired by Justice H.A Saleeman began the Session with introduction of Counsels, Petitioners, the 1st, 2nd and 3rd Respondents. The Respondents Counsel opened their defense after fourteen days break embarked upon by the Tribunal to enable Respondents Counsels prepare their defense.

Lead Counsel to first Respondent, INEC, Oluyele pleaded with the Tribunal that it will not call any witnesses having already taken PW71 (Witness No.71) — the INEC Head of logistics and Operations, Mr Kundu. Consequently, INEC closed its case. Also, the Lead Counsel to the third Respondent, APC G.S Pwul (SAN) also aligned with the position of the 1st Respondent.

Lead Counsel to the Petitioner (PDP), said their objections are reserved, but shall be made known in their written addresses

Tribunal chairman, Justice HA Saleeman directed that, second Respondent to open their defense.

Counsel to the Governor, Lateef Fagbemi (SAN) pleaded with the Tribunal that the defense should be allowed to open their case in the afternoon which both Petitioners and other Respondents agreed to.

Fagbemi further moved that, Tribunal sitting be adjourned from 10am till 2pm to enable them start calling their witnesses as he assured the Tribunal that they had witnesses to testify for their defense in the matter.

The Chairman of the Tribunal drew the attention of Respondents saying “Let me remind you people that, this Tribunal was forced to go on 14 days Break to enable the Respondents prepare their defence together, yet 1st Respondent failed to produce nor call any of their witnesses at all to testify.”

In view of that development, the Tribunal directed that the 2nd Respondent be ready to open its defense. The court adjourned to resume in four hours between 10am-2pm enabling the 2nd Respondent bring their witnesses.

After the four-hour break, the second Respondent’s Lead Counsel tendered three sets of documents with no single witness to testify for their defense before the Tribunal.

The documents tendered for admission before the Tribunal by second Respondent’s Counsel were, CTC, Voters Register of some polling Units in Qua’an Pan, Barkin Ladi and Langtang North Local Government Areas of the State, together with the original copy of receipts obtained for certification of same from INEC. Examining the documents, Petitioners’ Counsel choose to articulate their objections in their written address.

The following documents were admitted and named in sequential order; Form CTC EC8A for some polling units in Barkin Ladi Local Government Area, Exhibit R2, R28-P29. The Petitioner’s counsel examined the documents and opted to further reserve their observations which will be tendered in the written notices which was noted by the Chairman of the Tribunal. The Tribunal also named CTC of Forms EC8A for Lantang North LGA as Exhibit R30- R33, while voters register was also admitted and marked as, Exhibit R34-R39, R40–51,as INEC receipt was marked as Exhibit R52,R53 and R54 respectively. The Petitioners’ Counsel chose to object at the appropriate time.

The Tribunal ruled that the objection of Petitioners are all noted and adjourned the Sitting to 26th July, 2019.

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Court of Appeal, Nigeria

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