By
Managing Editor
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Another set of drama ensued at the Zamfara Governorship Election Petition Tribunal sitting in Sokoto as lead counsel to Governor Bello Matawalle and APC Usman O. Sule (SAN) asked the tribunal to enter judgement against Dauda Lawal, PDP and INEC.
Sule who reacted to the submissions made by the defense teams during the prehearing session, insisted that the tribunal need not waste time listening to the defense since they had failed to file any motion on notice before the tribunal and instead indicated in their various replies that they have the intention to file as the proceeding continued.
M. I. Dikko (SAN) counsel for the INEC, Kamaldeen Ajibade (SAN) counsel for the PDP as well as D. D. Dodo (SAN) who is for Dauda Lawal pleaded with the tribunal to allow them more time to file their respective motions since they are acting within the stipulated time frame.
They placed reliance on Paragraph 18(7) of the first schedule to the electoral act 2022(as amended) to prove their arguments.
The section reads “At the prehearing session, the Tribunal, or Court shall consider and take appropriate action in respect of the following as may be necessary or desirable:
(a) amendments and further and better particulars ;
(b) the admissions of facts, documents, and other evidence by consent of the parties ;
(c) formulation and settlement of issues for trial ;
(d) hearing and determination of objections on point of law ;
(e) control and scheduling of discovery inspection and production of
documents ;
(f ) narrowing the field of dispute between certain types of witnesses, especially the Commission’s staff and witnesses that officiated at the election, by their participation at prehearing session or in any other manner ;
(g) giving orders or directions for hearing of cross-petitions or any particular issue in the petition or for consolidation with other petitions ;
(h) determining the form and substance of the prehearing order ; and
(i)such other matters as may facilitate the just and speedy disposal of the petition, bearing in mind the urgency of election petitions.
But Mr. Usman O. Sule (SAN) referred the tribunal to the provision of paragraph 18(11) of the first schedule to the electoral act, which state thus:
If a party or his Legal Practitioner fails to attend the prehearing sessions or obey a scheduling or prehearing order or is substantially unprepared
to participate in the session or fails to participate in good faith, the Tribunal, or Court shall in the case of
(a) the petitioner, dismiss the petition ; and
(b) a respondent, enters judgement against him.
But the tribunal ruled and allowed the defense teams the time frame within they should file their respective motions.
The matter was then adjourned for continuation of prehearing.
