The inability of the Independent National Electoral Commission (INEC) to produce the Bimodal Voters Accreditation System (BVAS) and Voters Register to the petitioner in the ongoing Kano Governorship Election Petition Tribunal, the All Progressive Congress (APC) has stalled the continuation of witness hearing.
The Petitioner (APC) filed a petition on April 9, challenging the Independent National Electoral Commission (INEC) for declaring Abba Kabir Yusuf of NNPP winner of the election that was conducted on March 18, 2023.
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Justice Watch News earlier recalls that the Tribunal had on June 6, granted leave for the Petitioner to access the BVAS machine used by INEC during the March 18, Governorship election in the State.
At the resumed sitting, for continuation of hearing, lead counsel to the petitioner, Offiong Offiong SAN, informed the tribunal that, they cannot proceed with the hearing of witnesses without voter register and Bimodal Voters Accreditation System (BVAS) machine.
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“The court bailiff told me he went to INEC office to deliver the court order earlier granted to access and produce BVAS machine and the voter register, but they refused to accept it” Offiong said.
Counsel to INEC, Mr E A Oshayomi, said, the Petitioner have to write to INEC Headquarters Abuja to access the voters register and BVAS machine.
He told the court that the documents are not available in Kano because some of the electoral materials were destroyed during the conduct of the election as a result of violence.
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Responding counsel to Abba Kabir Yusuf, (2nd Respondent) Adegboyega Awomolo SAN and Counsel to NNPP, (3rd Respondent) A J Owonikoko, told the court that they were ready to wave the issue of voter register and continue with the hearing.
“We are willing to cooperate with the Petitioner”
The three man panel led by Justice Oluyemi Akintan Osadebay, ordered INEC to produce all the documents to the petitioner.
She adjourned the sitting until 4th July, 2023 for continuation of hearing.
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Justice Watch News gathered that the Petitioner has opened its case yesterday with a Polling Agent of unit 006 in Tarewa Ward of Bebeji LGA.
The Prosecution Witness Number 1, (PW 1) identified his name as Badamasi Muhammad.
Under cross examination, the witness told the court that he cannot read nor write, testifying that he made his written testimony in Hausa Language.
The witness further testified, under cross examination that he couldn’t remember the lawyer that translated his written testimony from Hausa to English.
He also said there was a violence at 006 polling unit, which led to the destruction of his Tag and Jacket.
Counsel to NNPP Owonikoko, SAN argued that PW1 name was not in INEC register, stressing that it was one Maba Ghali Malam, not Badamasi Muhammad as claimed by the witness
