By
Managing Editor
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It was a mild drama at the Zamfara Governorship Election Petition Tribunal sitting in Sokoto on Friday as Dauda Lawal the Governor of Zamfara alongside PDP and INEC tried to prevent the tribunal from conducting prehearing session in respect of the petition filed by the Action Alliance.
Action Alliance is challenging the election of Dauda Lawal at the just concluded 2023 election held in May 2023.
When the matter came up, counsel to the Action Alliance, Barr. M. A. Shehu told the tribunal that the parties were in court for the commencement of a prehearing session in respect of the matter.
He informed the tribunal that they received an application of preliminary objection from the 1st respondent objecting to the commencement of the prehearing session, and they needed time to respond to the issues he raised.
But Barr. Ahmad Dankingari who was a counsel for Dauda Lawal objected to the commencement of the prehearing session on the ground that he has filed an application for preliminary objection dated the 22nd June 2023.
He insisted that the application they have filed is asking the tribunal to restrain itself from conducting the prehearing session; hence the matter is premature.
“My lord, if we partake in the prehearing session, it will amount to a waiver of our right to object to the application for prehearing. It means that we have agreed that there is a valid and competent application for prehearing, which is clearly not the case in this instance as the application for commencement of prehearing session was filed outside the time frame”.
He argued that the application brought by the petitioner was premature; hence it was not filed within the stipulated fourteen days; noting that it was served on the respondents on the 20th of June 2023, when the time stipulated for pleading had expires.
“Paragraph 18 sub 1 of the first schedule to the electoral act 2023 (as amended) stated that the application for prehearing shall be filed within fourteen days before the closing of pleadings” Dankingari added.
INEC and PDP through their counsels Danjuma Bello Kwajafah and T. O Adeboye told the tribunal that they are not going to object to the application filed by Dauda Lawal.
But Barr. T. O Adeboye insisted that the application filed by Dauda Lawal need to be re-amended to allow for prehearing session to take place; hence the application can only be heard and determined at the prehearing stage.
“My lord, their application to declare the prehearing session premature cannot be determined without listening to it at the prehearing stage”.
She made reference to the provision of section 136 (4) and paragraph 47(1) of the first schedule to the electoral act to buttress her arguments.
The Chairman of the tribunal insisted that the application by Dauda is confusing, hence if the tribunal could not hold a prehearing session it means the application is asking the court to proceed directly to the trial stage.
It therefore ruled that, all parties shall file their process on or before seven days from the date of the proceedings.
The matter was adjourned to the 5th of July for continuation of prehearing.
