By
Managing Editor
__________________________
The Governorship election petition tribunal sitting in Sokoto has granted a leave to former Governor Bello Matawalle and APC to represent his witness Ibrahim Tudu Tukur who earlier testified before the tribunal to give further evidence.
This is sequel to the motion on notice filed by the Matawalle lead counsel Mr. Usman Sule (SAN) where he urged the tribunal to allow him represent same witness Ibrahim Tudu Tukur who came to the tribunal early this week as (PW 17).
Usman Sule said though the application was brought out side the pre hearing time the court in the interest of natural justice should allow the application.
He noted that the motion was moved by the extreme circumstances often which it was brought outside the pre hearing session noting that, the intention of the motion was to cure the mistake of (PW 17) for forgetting to adopt his witness statement on oath which shall be accompanied with the answers to the reply of the first, second and third respondent.
Dauda Lawal through his counsel Chief Solomon Akuma (SAN) told the tribunal that Dauda Lawal the first respondent had filed a counter affidavit of five paragraphs and also filed his written address in support of the counter affidavit.
Akuma asked the tribunal not to grant the application of the petitioner noting that granting the application will amount to encouraging miscarriage of justice.
PDP through its lead counsel Atoyebi (SAN) said it has filed five paragraph counter affidavit dated 13th day of July 2023 and adopt the written address in support of it.
He specifically refer the tribunal to paragraph 3.13 at the page (9) of the counter affidavit and refer the judges to several authorities.
My lord the law is clear, “a trial judge does not have power to recall witness without the consent of the other parties and in this matter we are opposing to moving of same application” Atoyebi (SAN) stated.
INEC on its own part said it has filed a five paragraph counter affidavit on the 13th July 2023 opposing the motion on notice and asked the tribunal to dismiss the application by Mr. Usman Sule (SAN).
Ruling on the application, the tribunal agreed with the petitioner and grant the application noting that, the respondents should have the right to cross examine the witness reintroduced.
