By Our Reporter
Abuja (Precise Post) – Facts have emerged as to why the Kogi State National Assembly Election Petition Tribunal in Abuja on Tuesday rejected a key witness called by Dino Melaye, who is challenging the outcome of last election in Kogi West Senatorial District.
Recall that Melaye, who was the candidate of the Peoples Democratic Party (PDP) in the election held on November 16, 2019, is querying its outcome.
The Independent National Electoral Commission declared that the election was won by Smart Adeyemi, the candidate of the All Progressives Congress (APC).
The tribunal, led by Justice Isa Sambo, disqualified the witness called by Melaye and the PDP, Mark Samuel, on the grounds that his statement was not presented as required by law.
The tribunal upheld the argument by Adeyemi’s lawyer, Oladapo Otitoju, to the effect that the witness and his statement were not properly presented.
Otitoju had argued that Samuel’s written statement was not pleaded as additional witness statement in the petition.
He also argued that Samuel, who claimed to be a lawyer, failed to attach his seal, as a lawyer, to the statement.
Otitoju noted that the witness’ statement, sought to be adopted by Samuel, was filed on February 26, 2020, 21 days after the period allowed under Section 285(5) of the Constitution.
He contended that allowing the statement will amount to the tribunal extending the days permitted by the Constitution for the filing of a post-election petition.
In the ruling, Justice Sambo agreed with Otitoju and proceeded to disqualify Samuel as a witness.
Hearing in the case will resume today.
The Court of Appeal in Abuja has restored the candidacy of Musa Wada in the November 16, 2019 governorship election in Kogi State.
Wada, an engineer, had contested the election as the candidate of the PDP, but had his candidacy voided by a High Court of Kogi State in Lokoja on the grounds that the party did not hold a valid primary election.
Wada appealed the decision, in an appeal marked: CA/A/193/2020, and which the Court of Appeal upheld in a judgment on Tuesday.
A three-man panel of the appellate court, led Justice Ibrahim Saulawa, set aside the judgement given by Justice Roland O. Olorunfemi of the Kogi High Court in favour of Abubakar Idris, who had sued, claiming to have won the PDP primary election.
