National/State House of Assembly Election Petition Tribunal sitting in Kano, is set to rule today, Wednesday on the application by Datti Yusuf Umar of NNPP praying for the extension of time to list additional witnesses and other particulars to counter the petition filed by Musa Ilyasu Kwankwaso of APC challenging his victory.
Kura/Madobi/Garun malan House of Representatives election conducted on 25th February, 2023 in which INEC declared Datti Yusuf Umar as winner.
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Datti Yusuf Umar, main challenger of Musa Ilyasu Kwankwaso has asked the tribunal to declare that Datti Yusuf Umar (3rd Respondents) was not qualified to contest the election, alleging that he lied on oath while presenting qualification.
Kwankwaso, further alleged that the respondent didn’t resigned his position as civil servant the time he contested the election, arguing that has contravened the provision of Electoral Act.
He is also praying the tribunal to declare him winner of the Kura/Madobi/Garun Mallam election and accordingly return him.
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At the resumption of continuation of pretrial session on Monday, counsel to Datti Yusuf Umar (3rd Respondents), Barrister Dahiru Ibrahim told the court that he has filed a counter affidavit dated 16th and filed on the 17th June, 2023.
The defense counsel stated that the application was brought pursuant to section 6 sub 5 and 6 of CFRN 1999 as amended and paragraph 15 of the 1st scheduled of the Electoral Act 2022.
He also said the application was supported by 8 paragraphs affidavit deposed to by one Janet a litigation Secretary in Law firm of counsel to the 3rd respondent, and further urged the court to grant the prayers.
The counsel also said in response to the petition, he has filed a counter affidavit dated 15th June, 2023 and filed his reply in the point of law dated 19th June, 2023.
While adumberating on the ground of his application, Barrister Dahiru Ibrahim posited that paragraph 17 of Electoral Act is explaining about time within which to apply for other particulars in a petition as well as the processes on how to apply.
The counsel further submitted that paragraph 45 of the Electoral Act, is stated on the time within which to apply for enlargement and abridgment of time in a petition before the tribunal.
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He said his application was to pray the tribunal to allow him make some corrections after period of filing elapsed.
He said there were series of repetition in their reply.
“The Petitioners didn’t also denied our claim on the issue of repetition”
In his response, Counsel to Musa, (Petitioner) Barrister, Adekunle Taye Falola said the petitioner filed 15 paragraphs counter affidavit deposed to one Suleiman A Suleiman a litigation secretary for law firm of the counsel to the petitioner.
The counsel prayed the tribunal to adopt the argument contained in the written addresses.
Barrister Adekunle, further prayed the tribunal to find and hold that the petitioners’ reply to the 3rd respondent doesn’t contained repetition of fresh issue.
“We equally urged the tribunal to find and hold that in election petition, time cannot be extended under paragraph 17 (2) of the 1st scheduled to apply for further particulars or other accompanying court processes.”
Paragraph 17(2) of the 1st scheduled barred extending for time to bring further particulars outside 10 days after filing the petitioner’s reply.” The counsel maintained.
He noted that paragraph 45 barred extention of time in election petition.
