From Noah Ebije, Kaduna
Kaduna State governor, Uba Sani of the ruling All Progressives Congress (APC) has accused the Peoples Democratic Party (PDP) and its candidate in the March 8 governorship poll, Mohammed Isa Ashiru of attempting to force the Election Petition Tribunal back to the pre-hearing stage, when proceedings should be rounding off.
The governor, a co-defendant in Ashiru’s judicial challenge to his victory, has subsequently, through his legal team, filed a counter-affidavit to a motion by the PDP candidate and his party, seeking to subpoena 13 voters who have always been available to the petitioners as willing witnesses.
Ahmad Mohammed, a Personal Assistant to the governor, who deposed to the affidavit, added that he was properly briefed by the Learned Senior Advocate that, “all the witnesses proposed to be called by the petitioners in their motion are people that are ordinarily available and accessible to them, before they filed their petition.
The motion is expected to be heard on Monday, July 24, 2023 by the three-person Tribunal.
In the request tabled before the Tribunal on July 19, Ashiru and PDP asked for an order “granting the petitioners/applicants leave to file and move this application outside of the Pre-hearing Session in this Petition”.
They also asked for “an order of this Tribunal granting the petitioners/applicants leave to file and use the Witness Statements on Oath of the following subpoenaed witnesses; Minkailu Lantana, Abubakar Aliyu, Habila Bulus, Felix Audu, Haruna Abubakar, Yusuf Harisu, Isihaku Adamu, Abbas Nuhu, Idris Suleiman, Shuaibu Musa, Isah Sani, Hauwa Hussaini and Ilaya Shamsu”.
“They equally sought four additional orders, including deeming the Witness Statement on Oath of one Gwazah Bonett, their principal witness (PW1) as properly filed and served.
“Governor Sani would have none of the request and his legal team, led by Chief Duro Adeyele, a Silk, is asking that the application be tossed.
In the counter-affidavit, it was argued that “there is no exceptional circumstance to warrant the hearing and determination of this (petitioners’) application outside the Pre-hearing Session”.
It was further claimed that the petitioners’ application “is an invidious attempt to side-step the clear provisions of the Law, which mandates the petitioners to frontload the Witness Statements on Oath of their witnesses along with their petition.
“All those listed in the petitioners’ motion as their proposed witnesses have been described as voters. The Witness Statements on Oath of these proposed witnesses have been signed by them and attached to the motion to show clearly that these witnesses are not such that can be subpoenaed as they are ordinarily available to the petitioners and willing to attend the Tribunal to testify.
“When PW1 was to testify, the 2nd Respondent (the governor) objected to his competence to testify and this Tribunal has already reserved its ruling (which is to be delivered with the judgement) in respect of the competence of PW1.
“No retroactive leave can be granted in respect of a Witness Statement on Oath that has already been adopted and the deponent discharged.
“Other witnesses subpoenaed by the respondents were never listed as part of the subpoenaed witness to be called. The procedure sought to be adopted by the petitioners/applicants is very strange to our jurisprudence in Nigeria.
“The 2nd respondent (Governor Sani) will be seriously prejudiced by the grant of this application. Granting this application will be overreaching on the decision of this Tribunal on the objection taken to the evidence of PW1 on record” the governor’s team submitted.
The counter-affidavit was dated July 22, 2023.