The Kaduna Division of the Appeal Court on Friday adjourned for ruling on an appeal filed by Kano governorship candidate of the Peoples Democratic Party (PDP), Abba Kabiru Yusuf against the ruling of Kano governorship election petition tribunal.
Solacebase recalled the three-man tribunal led by Justice Halima Shamaki on 16th July 2019, dismissed the PDP’s application to amend errors in their witness list with the intent of introducing eight-star witnesses.
The tribunal after hearing the PDP’s application said that the petitioner lacks the legal right to effect the amendment after the expiration of 21 days.
At the Appeal Court on Friday Counsel to Abba K. Yusuf, Chief Adegboyega Awomolo SAN asked the court to determine whether the appellant possesses the right to amend the list of witnesses to enable inclusion of additional witnesses.
The appellant who sought the leave of the court to set aside the ruling of the tribunal insisted the amendment as argued has merit.
Responding to the appellant motion of appeal, Counsel to Independent National Electoral Commission (INEC) Adedayo Adedeji urged the appeal court to dismiss the PDP’s appeal.
Adedeji maintained that PDP cannot demand any motion for amendment having exhausted the 21 days privilege to file a petition.
The 1st respondent Counsel also insisted that the appellant cannot apply for any form of amendment when all parties have already joined issue in the original suit.
Also objecting to PDP’s appeal, counsel to 2nd respondent and Governor Abdullahi Umar Ganduje, Offiong Offiong SAN, stressed that the prayers of PDP were against section 4 and 5 of the first schedule of the electoral act.
Counsel to All Progressives Congress (APC) Dr Alex Izinyon who also aligned with the prayers of the 1st and 2nd respondents prayed the court to uphold the ruling of the lower Court.
The five Justices panel, presided by Justice Hussain Muktar adopted the argument of the appellant and reply of the respondents and thereby reserve Judgment to a later date.
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