Former Kaduna State Governor, Ahmed Mohammed Makarfi on Thursday began the process of reclaiming the senatorial seat he lost during the April 28 election in Kaduna state when he told the Legislative Elections Petitions Tribunal that unsigned ballot papers were stuffed into the ballot boxes 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 make 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 that the fact 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 reply 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”.
But Abbas told the Tribunal that he was not aware of the document they are talking about because he was never served with the said document, thus forcing the tribunal to adjourn for one hour to enable them check the records.
When the tribunal resumed sitting, the Chairman, Justice Daniel Kalio over ruled the objection, pointing out that from the records available to the tribunal, the respondents were duely 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 throughout 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.