Kano tribunal: APC kicks as INEC moves to amend application

Kano Governorship Election Petition Tribunal, yesterday, reconvened for pre-hearing trial, with the All Progressives Congress (APC) challenging the declaration of Governor Abba Kabiru Yusuf as winner of the March 18 gubernatorial poll in the state.

Also joined in the petition are the New Nigeria Peoples Party (NNPP) and Independent National Electoral Commission (INEC). At the resumed hearing, APC countered the motion on notice filed by the 1st Respondent (INEC), seeking to amend response to the petition, as well as regularise some items in the process.

Counsel to INEC, E.A Oshayomi, had sought relief of the tribunal to amend its reply to APC petition, essentially referenced to All Progressives Party (APP) instead of All Progressives Congress (APC), as well as amendment on list of witnesses on oath and other relevant reviews.

Counsel to the governor (2nd Respondent), Adegboyega Awomolo, and that of NNPP (3rd Respondent), John Olushola, did not object to INEC’s application as tendered.

In an objection, counsel to the petitioner, Nureini Jimoh, insisted that such error of huge magnitude, as elicited by INEC, should not be tolerated for any reason.

Jimoh told the court that INEC’s error is deemed to mislead the petitioner in the first instance.

The senior lawyer, who disclosed that matters of election petition tribunal at any point are time bound, and ought not be allowed to elapse beyond the limit.

While buttressing his argument with provisions of section 45 (1) of the Electoral Act, Jimoh noted that INEC has exhausted its 14 days guaranteed by law to reply, and, therefore, urged the court to disregard the application.

The petitioner had earlier brought an application before the three-man panel seeking relief of the court for extension of time before commencement of hearing proper. The application was rejected.

In their ruling, the panel granted INEC application to amend its response on the basis that such amendment has no prejudice against the petitioner.

The tribunal, similarly, considered the petitioner’s request for extension of time to enable their lead counsel, Offiong Offiong, who lost his spouse recently, to join the litigation. The tribunal adjourned till today for continuation of pre-hearing of trial.