The Election Petition Tribunal sitting in Jos on Wednesday reserved judgment in the petition of Rep. Timothy Golu (PDP) after all the parties involved adopted their final written addresses.
The tribunal, which made the declaration after listening to the parties in the matter, said that the date of the judgment would be communicated to them.
Golu and his party, Peoples Democratic Party (PDP), challenged the declaration of Mr Yusuf Gagdi of All Progressives Congress (APC) by INEC as duly elected representative of Pankshin, Kanke and Kanam (PKK) Federal Constituency in National Assembly election of March 9 at the tribunal.
According to News Agency of Nigeria (NAN) when the case came up on Wednesday for adoption of written addresses, Gagdi, APC and INEC asked the tribunal to dismiss the petition, which they claimed was locking in merit.
Mr Garba Pwul, SAN, Counsel to Gagdi , said that the petitioners failed to prove how the people in Nine (9) polling units in Kanam Local Government, where elections were cancelled, would be disenfranchised if re-run would not be conducted.
“For there to be a re run, the proofs as to the number of the registered voters that will be disenfranchised if not carried out, must be placed before this honorable tribunal and this, the petitioners, have not done.
“They (petitioners) have also failed to prove how they were deprived of 1000 votes in Kanke LGA and in the absence of that, we urge your Lordship to dismiss this petition for lack of merit,” Pwul pleaded.
Also speaking in the same vein, Mr Sunday Obende, Counsel to APC, said that the petition was lacking in merit because there were no proofs as why fresh elections should be conducted in the said 9 polling units.
“There was no evidence to show that the cancellation of elections in those 9 polling units were done by any presiding officer on the day of the elections, therefore the prayer for fresh election in the entire constituency is against the principle,” Obende argued.
INEC Counsel, Mr Johnson Usman, told the Tribunal that some of exhibits the petitioners wrongly tendered through the bar should be expunged from the evidences submitted.
Usman cited three authorities why the petition should be dismissed even “though we didn’t call any witness but relied on the evidence given by a prosecution witness.”
But Golu’s lead Counsel, Mr Sunday Oyawole, told the Tribunal that their final written addresses captured all the sufficient and strong evidences to prove that the March 9 elections was full of irregularities.
“I quickly wish to point out that the evidence of Respondent Witness (RW1) as resulting to the cancellation of elections in the nine polling units in Kanam LG, is an admission on their (defence) side.
“The admission came from their camp and they cannot run away from it. Even their reply on this issue deserves to be struck out because it wasn’t on point of Law.
“Again, there are sufficient facts and evidences, supported by the witnesses called and documents tendered and answers solicited, which are all in support of the reliefs sought by the petitioners,” he argued.
Oyawole further said that the Tribunal could give a statutory order on the said canceled elections in the nine polling units “once your Lordship found out that an infraction has been established especially the issue of none compliance and corrupt practices.”
He pointed out, “ the Collation Officer for Jom ward, DW3, admitted cancellation of results for Sabonlayi, so what better proof is expected from the petitioners other than the one given by DW3?”
“We are saying that the 3rd Respondent, INEC, having failed to call a single witness, has only succeeded in abandoning their pleadings, and the tribunal should deem it abandoned and it should be struck out.
“In conclusion, we urge your Lordship to grant all our reliefs sought against all the perpetrators of that corrupt practices and for abandoning their pleadings”, Oyawole submitted.
The tribunal, after listening to all submissions of all the parties involved in the matter, said, “We hereby reserve judgment and we shall communicate you of the day of judgment.” (NAN)
“On the short change of votes of our client in Kanke, it has been fully captured in the exhibit tendered as proofs, aside the over 6000 votes we were short changed of in Kanam, which calls for a re-run.
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