The ongoing Plateau Northern Senatorial Zone Rerun Election Petition Tribunal has Sets aside June 24, 2024 For Adoption Of written addresses between Amb. Christopher Musa Giwa of the All Progressive Congress (APC) vs Sen. Prince Pam Dachungyang Mwadkon of the Action Democratic Party (ADP) and Others
The National and state Houses of Assembly Plateau Rerun Election Petition Tribunal in a petition between Amb. Christopher Musa Giwa of the APC against Sen. Prince Pam Dachungyang Mwadkon and four others holding at Bauchi State, under the Chairmanship of Justice Cordelia N. Ogadi was on Friday 17 May, 2024 adjourned to 24th, June, 2024 for the adoption of final written addresses.
Amb. Christopher Musa Giwa and his party the All Progressive Congress APC approached the tribunal immediately after the February 3rd 2024 rerun election for Plateau Northern Senatorial Zone as ordered by the Court of Appeal after it nullified the February 2023 excercise earlier won by former Minority Senate Leader Sen. Simon Mwatkom in Appeal No: CA/EPT/PL/SEN/12/23, appealed by the Petitioners having lost at the lower tribunal.
The Petitioners are alleging that based on the last judgement of the Court of Appeal, it has limited participation in the rerun election to only parties in the Appeal thereby, excluding Dachungyang Pam Mwadtkom (1st Respondent) ADP (2nd Respondent) and Yakub Muhammad Shafiu (3rd Respondent), NNPP (4th Respondent).
In proving their petition, the Petitioners called two witnesses on Friday, 10th May, 2024 and closed their case same day. Thereafter, an adjournment was granted the 1st and 2nd Respondents to open their defence on Friday 17th May, 2024.
However, when the case file was called on Friday, Counsel for the 1st and 2nd Respondents, Chief SG Odey Esq while addressing the tribunal said, “My Lords, this matter is listed today for defence and it’s the turn of the 1st and 2nd Respondents to open their defence case.
“However, having carried out extensive assessment of the evidence led by the Petitioners’ witnesses, we have drawn the conclusion that the evidence elicited from the witnesses under cross examination is sufficient to anchor the defence of the 1st and 2nd Respondents.
“For that reason my Lords, we have decided not to call any witness and therefore, humbly apply to close our case”, Without objection from the Petitioners and 3rd-5th Respondents, the application was granted and the case of the 1st and 2nd Respondents closed.
Equally addressing the tribunal, Counsel for the 3rd and 4th Respondents, MS Salihu Esq said, “In the same vein, having reviewed the evidence led by the Petitioners, we conclude that we are not calling any witness.
“We rely on the evidence elicited from the Petitioners witnesses, particularly, PW1. In the circumstances, we humbly apply to close the case of the 3rd and 4th Respondents”.
In his submission, S. Oyewale Esq and Counsel for the 5th Respondent also told the tribunal that the 5th Respondent (INEC) has reviewed the case put forward by the Petitioners and came to conclusion that the Petitioners have not proof their case. “Therefore, the burden of proof has not shifted to the 5th Respondent. The 5th Respondent is therefore, not calling any witness. In the circumstance, I humbly apply to close the case of the 5th Respondent”
