Kogi Central Senate: Tribunal Adjourns Hearing to June for Delay In Filing Applications, Replies
Kogi Election Petition Tribunal sitting in Abuja has adjourned the consolidated petition by Natasha Akpoti of SDP, and Senator Ahmed Ogembe of PDP challenging the election of Yakubu Oseni of APC to June 1st for delay in filing applications by the Petitioners, failure to reply and delay in filing replies by the Respondents.
While presenting his case, the lead Counsel to Barr. Natasha Akpoti of SDP with petition No. EPT/KG/SEN/02/2019, Barr. Ayo Asala said, they filed two applications, and served all the Correspondents involved, explaining that they were served late because of the nature of the applications.
Reacting, the Counsel to INEC, Barr. U. Ebukar who served as the second Respondent to petition suit No. EPT/KG/SEN/02/2019 by Natasha Akpoti of SDP said, because they were not served on time they couldn't reply to the applications.
On his own side, the Counsel to APC, Barr. MS Yusuf explained that relying on section 1, 2, 8, and 5 paragraph 4,1d of the first schedule of the electoral law, his application is seeking to dismiss the application filed by the Counsel to Natasha Akpoti of SDP.
In his argument, the Counsel to Natasha Akpoti of SDP, Barr. A. Asala disclosed that he has filed a written address on 11th May in reference to the application filed by the counsel to APC, adding that they have adopted the written address.
Asala prayed the honourable tribunal to strike out the application by the APC Counsel, adding that the ground upon which the petition was written called for its dismissal.
According to him the petition doesn't address any new issues on law arising from his response.
However, the APC counsel emphasised that all the arguments they have made is to state a statement of law and not a new issue adding that the reply to the application of the Counsel to Natasha Akpoti was to sustain the law and not necessarily to reargue.
In his argument, the counsels to Yakubu Oseni of APC, Barr. E.B Daudu, pointed out that though he was served late but he was able to file a counter application to the effect.
He disclosed that his application is seeking the relief of the honourable tribunal to strike out the petition filed by the Counsel to Barr. Natasha Akpoti for non compliance.
He added that he has attached a fourteen paragraph affidavit to his application and supported it by written address filed on 7th May.
In his argument, the Counsel to Senator Ahmed Ogembe of PDP, Barr. Olumide Olayomi with petition suit No. EPT/KG/SEN/08/2019 noted that they have pending application filed on 8th May seeking for amendment of the ground.
Reacting to the application of the Counsel to Ahmed Ogembe of PDP, the counsel to Yakubu Oseni of APC, Barr. EB Daudu argued that the application by Counsel to Ahmed Ogembe seeking for amendment lacks merit and should he struck out.
He therefore prayed that the tribunal should deliver judgment on the application without waiting for the end of the trial as its delay will affect other applications.
However, the Counsel to Ogembe, Barr. Olumide Olayomi argued that his application will not in any way prejudice the applications of the Respondents.
In his ruling, the chairman of the tribunal held that Judgement for the application seeking for amendment of the ground will be taken alongside other applications of prehearing but will be taken first and adjourned the case to June 1st for further hearing of prehearing because of pending replies to applications..
While presenting his case, the lead Counsel to Barr. Natasha Akpoti of SDP with petition No. EPT/KG/SEN/02/2019, Barr. Ayo Asala said, they filed two applications, and served all the Correspondents involved, explaining that they were served late because of the nature of the applications.
Reacting, the Counsel to INEC, Barr. U. Ebukar who served as the second Respondent to petition suit No. EPT/KG/SEN/02/2019 by Natasha Akpoti of SDP said, because they were not served on time they couldn't reply to the applications.
On his own side, the Counsel to APC, Barr. MS Yusuf explained that relying on section 1, 2, 8, and 5 paragraph 4,1d of the first schedule of the electoral law, his application is seeking to dismiss the application filed by the Counsel to Natasha Akpoti of SDP.
In his argument, the Counsel to Natasha Akpoti of SDP, Barr. A. Asala disclosed that he has filed a written address on 11th May in reference to the application filed by the counsel to APC, adding that they have adopted the written address.
Asala prayed the honourable tribunal to strike out the application by the APC Counsel, adding that the ground upon which the petition was written called for its dismissal.
According to him the petition doesn't address any new issues on law arising from his response.
Venue of the Tribunal
Wuse Zone II, Abuja
However, the APC counsel emphasised that all the arguments they have made is to state a statement of law and not a new issue adding that the reply to the application of the Counsel to Natasha Akpoti was to sustain the law and not necessarily to reargue.
In his argument, the counsels to Yakubu Oseni of APC, Barr. E.B Daudu, pointed out that though he was served late but he was able to file a counter application to the effect.
He disclosed that his application is seeking the relief of the honourable tribunal to strike out the petition filed by the Counsel to Barr. Natasha Akpoti for non compliance.
He added that he has attached a fourteen paragraph affidavit to his application and supported it by written address filed on 7th May.
In his argument, the Counsel to Senator Ahmed Ogembe of PDP, Barr. Olumide Olayomi with petition suit No. EPT/KG/SEN/08/2019 noted that they have pending application filed on 8th May seeking for amendment of the ground.
Reacting to the application of the Counsel to Ahmed Ogembe of PDP, the counsel to Yakubu Oseni of APC, Barr. EB Daudu argued that the application by Counsel to Ahmed Ogembe seeking for amendment lacks merit and should he struck out.
He therefore prayed that the tribunal should deliver judgment on the application without waiting for the end of the trial as its delay will affect other applications.
However, the Counsel to Ogembe, Barr. Olumide Olayomi argued that his application will not in any way prejudice the applications of the Respondents.
In his ruling, the chairman of the tribunal held that Judgement for the application seeking for amendment of the ground will be taken alongside other applications of prehearing but will be taken first and adjourned the case to June 1st for further hearing of prehearing because of pending replies to applications..
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