Tribunal Rejects Dino Melaye’s Key Witness in Kogi West Election
POLITICS DIGEST – The Kogi State National Assembly Election Petition Tribunal on Tuesday rejected a key witness called by Dino Melaye, who is challenging the outcome of last election in Kogi West Senatorial District.
Melaye, who was the candidate of the Peoples Democratic Party (PDP) in the election held on November 16, 2019, is querying its outcome.
The election was won by Smart Adeyemi, who was the candidate of the All Progressives Congress (APC).
On Tuesday in Abuja, the tribunal, led by Justice Isa Sambo, disqualified the witness called by Melaye and the PDP , Mark Samuel on the grounds that his statement was not presented as required by law.
The tribunal upheld the argument by Adeyemi’s lawyer, Oladapo Otitoju, to the effect that the witness and his statement were not properly presented.
Otitoju had argued that Samuel’s written statement was not pleaded as additional witness statement in the petition.
He also argued that Samuel, who claimed to be a lawyer, failed to attach his seal, as a lawyer, to the statement.
Otitoju noted that the witness’ statement, sought to be adopted by Samuel, was filed on February 26, 2020, 21days after the period allowed under Section 285(5) of the Constitution.
He contended that allowing the statement will amount to the tribunal extending the days permitted by the Constitution for the filing of a post-election petition.
In the ruling on Tuesday, Justice Sambo agreed with Otitoju and proceeded to disqualify Samuel as a witness in the case.
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Another witness, Tolu Segun, said he acted as the petitioners’ agent in Okekoko Ward, Kabba/Bunu LGA.
Segun told the tribunal that he voted at polling unit 009 after which he visited nine other polling units.
He said the results and other information he got from the polling units were given to him by the agents, and that they were later forwarded to the Local Government Chairman of the PDP.
Hearing in the case will resume on Wednesday.
Meanwhile, the Court of Appeal in Abuja has restored the candidacy of Engr Musa Wada in the November 16, 2029 governorship election in Kogi State.
Wada had contested the election as the candidate of the PDP, but had his candidacy voided by a High Court of Kogi State in Lokoja on the grounds that the party did not hold a valid primary election.
Wada appealed the decision, in an appeal marred: CA/A/193/2020, and which the Court of Appeal upheld in a judgment on Tuesday.
A three-man panel of the appellate court, led Justice Ibrahim Saulawa set aside the judgement given by Justice Roland O Olorunfemi of the Kogi High Court in favour of Abubakar Idris, who had sued, claiming to have won the PDP primary.
The Court of Appeal also set aside the consequential orders made by the Kogi court.
The High Court in Kogi had held, among others, that there was no primary election held by PDP in the state and that Wada was not a candidate in the governorship election.
By the judgment given on Tuesday by the Court of Appeal, Wada is now empowered to prosecute his petition currently pending before the Kogi State Governorship Election Petition Tribunal.
Wada is, by the petition, challenging the outcome of the last governorship election held in Kogi State, which was won by Yahaya Bello of the All Progressives Congress (APC).
