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Makarfi
tenders
158 exhibits
in
bid to reclaim
mandate
Newsdiaryonline Thur Oct 6,2011
It is not yet uhuru for the CPC whose candidate ousted him as
former Kaduna state
Governor, Ahmed Mohammed Makarfi today
began the process of
reclaiming the
Senatorial seat he lost .Makarfi
was defeated in the April 28 Senatorial election in Kaduna
state. The former governor told the Legislative Elections
Petitions Tribunal that unsigned ballot papers were stuffed into
the ballot box in 53 polling units of the senatorial zone in
favour of his opponent.
Makarfi is challenging the election of Hon. Yusuf Datti
Baba-Ahmed of the Congress for Progressive Change (CPC) in the
election and tendered about 158 exhibits which included forms
EC8 A, B and E as well as the ballot boxes for 53 ward in seven
out of the eight local government areas that makes up the
senatorial zone.
Led in evidence by his counsel, Yunus Usman (SAN), the former
governor averred that election was conducted freely in three
wards in Pambegwa ward of Kubau local government area, but the
results were not included in the overall results announced by
the Independent National Electoral Commission (INEC).
However, there was a mild drama in the court when Counsel to the
former governor told the Tribunal that he wanted to amend a
typographical error in one of the paragraphs in the main
petition, adding that the word not was omitted in the paragraph.
But counsel to Baba-Ahmed, Abbas Ibrahim opposed the amendment
saying that they had already joined issues with the said
paragraph which tends to admit that election held in the polling
unit being complained about rather than the claim that election
did not hold there.
But Usman told the Tribunal that “in our reply on point of law
which was filed within time, we replied
to their claim to the
effect that it was indeed a typographical error. If they were
not comfortable with that, they should have filed a motion
seeking to strike out that paragraph. But they did
not.’’
Abbas told the Tribunal
that “I am not aware of the document they are talking about
because I was never served”, thus forcing the tribunal to
adjourn for one hour to enable them check the records. When the
tribunal resumed again, the Chairman, Justice Daniel Kalio over
ruled the objection, pointing out that from the records
available to the tribunal, the respondents were duly served
copies of the reply and that they did file a motion seeking to
strike out the paragraph.
He noted that the law permits any amendment to be made on the
petition at any stage within the trial provided such amendment
will not be prejudicial to the case and therefore allowed the
insertion of the word not in the paragraph.
Also, the Respondent’s counsel opposed the tendering of some of
the document, pointing out that they were not pleaded in the
petitioner’s statement on oath; but the tribunal also over ruled
him saying that the objection was baseless. However, Usman told
the tribunal that they will proceed to tender the rest of the
exhibits from the bar and the process of tendering them took
over seven hours, with the former governor sitting through the
process.
After tendering the ballot boxes from Makarfi, Kudan, Kubau,
Zaria, Ikara, Sabon Gari and Soba local governments, Usman told
the tribunal that they were applying for the recounting of the
ballot papers, a move opposed by Abbas. Abbas told the tribunal
that he was opposing the recounting because the petitioner was
contesting the number, but complaining that the ballot papers
were fake, unsigned and unstamped, adding that none of the
polling unit has been duly pleaded by the petitioners.
The Tribunal adjourned the case to today, Friday, Oct. 7, 2011
for continuation.
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