and replies to points of law.
Justice Ibrahim M. Bako, Chairman of the three-member Tribunal, said
that a date would be reserved for judgement and all parties will be
notified through their counsel.
Recall that the Peoples Democratic Party and its Governorship candidate,
Isah Ashiru, had petitioned the March 9 poll in which Governor Nasiru
El-Rufai was returned as duly elected by the Independent National
Electoral Commission.
The Petitioners in their final written address on Monday, asked the
Tribunal to cancel a total 515, 951 votes which it contended were
unlawfully added to the total votes cast during the March 9 poll.
The petitioners had called 135 witnesses out of the 685 they assembled
to prove massive rigging, ballot stuffing and other irregularities
during the poll as contained in their petition.
The petitioners alleged that INEC had added 391,741 votes to Nasiru
El-Rufai of APC and a total of 124, 210 unlawful votes to the PDP
through wrong or double entry on the result sheets.
The PDP and its candidate also contended that declaring El-Rufai winner
by INEC was illegal as he did not score majority of lawful votes.
The PDP through its legal team led Emmanuel C. Ukala (SAN), said
deducting 391,741 votes from 1,045,427 scored by El-Rufai and 124,210
from Ashiru’s 814, 168 votes will give victory to PDP and Ashiru, its
candidate in the poll.
The counsel further argued that after the deduction of the alleged
unlawful votes, Ashiru will be left with 689,958 lawful votes, while
El-Rufai will have 653,686 votes.
In his submission, Ukala argued that all parties to the petition are
bound to argue their cases on the basis of whether or not the
petitioners had assembled credible evidence to sustain their petition,
as formulated by the tribunal.
According to him, “only the 2nd respondent premised his argument on the
issues formulated by this honorable tribunal. The 1st and 3rd
respondents went on their own forays.
“It is therefore our submission that the argument of the 1st and 3rd
respondents should go to ‘no issue’, having not addressed the issue
which was binding to all parties, “ Ukala argued.
The petitioners counsel further said that based on the issues formulated
by the tribunal, the issue has been narrowed down to the credibility of
evidence.
“Based on this simplification of the issue, it is our humble submission
that when the evidence led by both sides are placed on the imaginary
scales of justice, what is obvious is that the weight of evidence of the
petitioners will overwhelmingly weigh in favor of the petitioners as
against the respondents, “ he said.
“First, the petitioners called 135 witnesses. All respondents put
together, 1st, 2nd and 3rd respondents, called a total of five
witnesses.
“What is obvious is that there were so many areas covered by the
petitioners that were not addressed by the respondents.“
Ukala further pointed out that the quality of the petitioners’ evidence
was more qualitative than that of the respondents with polling unit
agents who actually saw what happened on the election day and testified.
However, in its final written address and reply to points raised by the
petitioners, Counsel to APC, Ibrahim Bawa (SAN) said: “our final written
address before the tribunal is that the petitioners have not been able
to establish their claim before the court.
“There are certain allegations that were made which were criminal.
“The petitioners also complain that certain votes were illegally
recorded for the 2nd and 3rd respondents, but unfortunately no evidence
were made to prove those points.
“So, we urge the Tribunal to dismiss the petition as the petitioners
have failed to live up to the standard expected of them in proving their
petition.”
Similarly, Abdulhakeem Mustapha, counsel to El-Rufai, the 2nd respondent
in the petition, asked the tribunal “to invoke its majestic powers to
dismiss the petition as lacking in merit and to confirm that the 2nd
respondent, Malam Nasiru El Rufai as duly elected as governor of Kaduna
State on the March 9 election.”
Mustapha in an interview with newsmen also said: “we have been able to
tell the court that all the witnesses called by the petitioners failed
woefully to prove the ingredient of the fact relied upon in their
petition.
“The onus is on the petitioners to come with credible evidence and all
the testimonies of the witnesses produced by the petitioners were
demolished under cross examination.
“There is nothing that the court will see to be persuaded to give
judgment in their favor, we have been able to show with the witnesses we
called that the election was conducted in conformity with the provision
of the electoral Act.
“We are very satisfied with the proceedings and we are very sure that
justice will be done and sure that Malam Nasiru El-Rufai was duly
elected by the people of Kaduna State.
“On behalf of the 2nd respondent, the final written address which was
dated 2nd August, was filed on 3rd August, 2019, while the 2nd
respondent filed a reply on fact of law on August 16,” Mustapha said.
Meanwhile, Counsel to the 1st respondent, INEC, Aliyu Umar (SAN) urged
the tribunal to “dismiss the petition and confirm El Rufai as duly
elected Governor of Kaduna State.”
Umar drew the attention of the tribunal to the fact that the petitioners
had just served him with a list of additional authorities on the day of
sitting.
He also told newsmen shortly after the sitting that: “We told the
tribunal to take witnesses of the petitioners one by one and urged the
tribunal to hold that their evidence was different from what they
alleged in their petition.
“And their witnesses have all confirmed during cross examination that no
INEC officials connived with any other person.
“The petitioners only called 135 of the 685 witnesses the petitioners
said they would call, that is short of the number they were supposed to
call to prove their case.
“They are to win their case by the evidence presented not by our
witnesses,“Umar said.
At the end of the sitting, Justice Bako, thanked counsel to all the
parties, party members and representatives of the media for their
cooperation and publicity through out the hearing.
The News Agency of Nigeria reports that Khadi Adamu Usman and Justice
Jude Obiora served as members of the Kaduna State Governorship Election
Petition Tribunal.
(NAN)