By
Managing Editor
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The Governorship election petition tribunal sitting in Sokoto has ruled that APC is entitled to proceed with its subpoenaed witness brought to testify in respect of collation of results from Maradun local government in the just concluded 2023 governorship poll.
It could be recalled that the tribunal on the request of the petitioners counsel Mr. Usman O. Sule (SAN) asked the tribunal to summon Dr. Ahmad Kainuwa to testify on the result collated from Maradun local government area of the state.
Kainuwa was the collation officer deployed by INEC to collate results of the governorship election from (10) wards collation officers in the local government.
A drama suddenly triggered when Counsel to Governor Dauda Lawal Chief Solomon Akuma (SAN) brought an application before the tribunal insisting that, the subpoenaed witness brought by the petitioners to testify in respect of the conduct of election in Maradun shall not be allowed into the witness box.
Mr. Akuma (SAN) said the essence of the application brought was to draw the attention of the tribunal to the serious constitutional issues raised by the issuance of the Subpoena to Dr. Ahmad Kainuwa.
He cited reference to paragraph (3. 14) and (3.15) of his motion on notice, which stated that, if a witness is already listed in alphabets and served on the petitioner, it will amount to infringement of the right of the respondents if he is allowed to be taken by another party in the case.
The petitioners are trying to contradict the paragraph 42(1) of the first schedule to the electoral act 2022 (as amended) Akuma (SAN) stated.
Mr. Solomon Akuma (SAN) further stated that, the counter affidavit filed by Ahmad Kainuwa as filed by the petitioners is totally an after-thought.
PDP through its lead counsel Mr. Atoyebi (SAN) said it has aligned its self with the application filed by Dauda Lawal and urged the court not to allow the subpoenaed witness Ahmad Kainuwa to be led in evidence.
“The third respondents had already listed Dr. Kainuwa as one of its witnesses and bringing him by the petitioner, then the 3rd respondent will be shut out and will not be able to recall him as a witness”.
INEC on its part stated that the witness brought by the petitioner did not meet the requirements of the Paragraph 4 of the first schedule to the electoral act 2022 (as amended) and therefore should not be allowed into the court.
But former Governor Bello Matawalle through his lead counsel Usman O. Sule (SAN) said he has filed a 15 paragraph counter affidavit opposing the application by Dauda Lawal and relied on all the averments contained there in and also filed and adopted a final written address as the arguments of the petitioner’s respondents.
He reminded the tribunal that, the witness said in his deposition that he had never been invited by the 3rd respondent as a witness to come and testify before the tribunal.
Sule further stated that by the content of the subpoena, the witness is invited to appear as the tribunal witness.
The tribunal in its dismissed the application and asked that Dr. Kainuwa be allowed into the witness box for cross examination by counsels.
