The absence of INEC’s subpoenaed witnesses of Senator Mohammed Bima of the All Progressive Congress at the Justice Angela Otaluka led Election petition tribunal abruptly forced the Counsel to close his case.
Senator Mohammed Bima Enagi of the rulling All Progressives Congress, APC, has through his Counsel, Barrister Kolawole Olowokere petitioned the elected Senator Peter Jiya Ndalikali of the Peoples Democratic party (PDP), before the Justice Angela Otaluka tribunal challenging the conduct of the February 25 National Assembly Elections.
He alleged that the election was marred with irregularities which include among others of over voting, and unsigned and unstamped ballot papers.
Barrister Olowokere had told the three member tribunal that he should be given date to enable him present subpoenaed witnesses after which he will close his case.
At Saturday’s resumed sitting of the tribunal for the counsel to present the subpoenaed witnesses, he still requested for an adjournment to enable his witnesses to appear as all effort to reach out to them could not yield the needed result.
“My Lord, I want to crave the indulgence of this honourable tribunal to enable me call my subpoenaed witnesses from INEC.
“I just need an adjournment for the subpoanaed witnesses to bring some documents to be tendered from the Bar. They are not going to give any evidence.
“The subpoenaed witnesses from INEC are just to tender some documents from the bar and I have one more day to exhaust.
“My Lord, ust oblige me for the adjournment to present the subpoanaed witnesses.
At this point, the Counsel to the first respondent, Akinlolu Kehinde, SAN vehemently opposed to the request for the adjournment from the counsel to the petitioner on the ground that in the last adjourned date, he told the tribunal that his subpoenaed witnesses will be in court after Which he will close his case.
“My Lord while taking opposition to the request for an adjournment of the Counsel to the petitioner, I vehemently object to any adjournment.
“The counsel to the petitioner has in the last adjourned date told this Honourable tribunal that he will call his subpoenaed witnesses and close his case for us to open our own case.
“Only for him to come having requested that he will bring his witnesses in the last adjourned date and close his for us to open our case. “I oppose to that request.
“His subpoenaed witnesses are from INEC here in Minna the capital of Niger State. My Lord, INEC as an organization has over fifty staff on their pay role.
“For him to come here today to request for an adjournment, My Lord I take an opposition to that ”
“Also aligning himself to the objection of the request, counsel to the second respondent, the Peoples Democratic Party (PDP) Mohammed Kudu Ndayako SAN told the tribunal that he also object to the request of the counsel to the Petitioner.
After a heated debate on both arguments, Justice Angela Otaluka while reviewing all the submissions of counsels ruled on the request and told the Petitioner counsel to close his case and subpoanaed his witnesses along with his evidence through the bar.
She then adjourned the matter to 23rd June, 2023 for all the respondents to forward their written addresses for them to open their case.
