Tribunal reserves judgment on suit between Dabwan, NNPP against Mutfwang, others

DANIEL DAUDA, Jos

 

 

The Governorship Election Petition Tribunal sitting in Jos, the state capital, has reserved judgment on the matter between Alfred Dabwan (1st petitioner) and New Nigeria Peoples Party, NNPP, (2nd petitioner) against INEC (1 respondent), Caleb Mutfwang (2nd respondent) and Peoples Democratic Party, PDP, (3rd respondent) respectively.

 

Recall the petitioners approached Tribunal challenging the declaration of the 2nd respondent (Caleb Mutfwang) by the 1st respondent (INEC) in respect to the governorship election held on 18th March 2023, on the Plateau.

 

Daily Champion learned that the grounds upon which the petitioners predicated their petition hinged on the unlawful exclusion of its identity by the 1st respondent, INEC, on the said governorship election.

 

Initially, the matter was slated for the adoption of a final written address by the parties. And upon resumption of sitting Monday 15th August, 2023, respondent counsels realized that the petitioners tender a letter before the Tribunal seeking the leave of the Court to withdraw its petition.

 

It was observed that none of the petitioners were present at the Tribunal, and the letter seeking for withdrawal of the petition was not duly served parties.

 

Arising from the foregoing, therefore, counsels to the 1st respondent (INEC), N.S.Kutbok Esq, 2nd respondent (Caleb Mutfwang), Pius Akubo SAN, and 3rd respondent Emeka Etiaba SAN, objected that the letter seeking for withdrawal of petition by the petitioners at this point is casual, ineffective, and invalid.

 

To buttress their objection, counsel to the 2nd respondent, Pius Akubo SAN said by virtue of paragraph 29 of the first scheduled of the electoral act 2022 as amended which deals with the withdrawal of the petition. The petitioners were supposed to support their letter with a written affidavit but they failed…

 

Emeka Etiaba SAN, counsel to the 3rd respondent while adopting the submission of the 2nd respondent counsel, admitted that the provisions of paragraphs 30 to 31 also related to the withdrawal of the petition by the petitioners.

 

They urged the Tribunal to strike the letter for incompetence and allowed parties to adopt their final written address as earlier scheduled.

 

Having taken objections by counsels, the three-man panel dismissed the letter sought to withdraw the petition, and directed parties to adopt their final written address.

 

Counsel to the 1st respondent, N.S.Kitbok Esq said they have filed their final written dated 7th July 2023 and also served the same date.

 

“We raised issues of determination and argued. We humbly adopt it as our oral argument. We urged the Tribunal to dismiss the petition for grossly incompetent, we asked the cost of N10 million.”

 

Pius Akubo SAN revealed that the 2nd respondent filed their final written address dated 17th July 2023 and humbly adopt the same written address.

 

“For the emphasis, the unlawful exclusion of identity claimed by the petitioners is no longer ground. We urged your Lordships to dismiss the petition in its entirety with a cost of N20 million, and affirmed the return of the 2nd respondent by the 1st respondent.”

 

The 3rd respondent counsel, Emeka Etiaba SAN, revealed they filed their final written address dated 17th July 2023. He said issues bother on the alleged unlawful exclusion of the petitioners,” we concluded our address by urging the Tribunal to dismiss the petition with a heavy cost of N16 million.

 

Etiaba further posits that the petition suffered two death. One, “the petitioners failed to call a single witness during the hearing, and secondly, the petitioners have tested a long-suffering of the Tribunal which “we have considered very disrespectful.

 

“The Tribunal should reaffirm victory and the return of the 2nd respondent by the 1st respondent in the Governorship election that held 18th March 2023, in Plateau”, he stated.

 

Meanwhile, the matter has been reserved for judgment as the three-man panel hinted that the date shall be communicated.

 

For a better society

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