The Court of Appeal sitting in Jos yesterday dismissed Plateau State? governor, Jonah Jang’s appeal seeking to quash the case of his challenger and Labour Party candidate, Mrs Pauline Tallen.
The Plateau Electoral Petition Tribunal had, in its pre-hearing ruling of July 25, 2011, decided in favour of Tallen? while ruling in a case filed by Jang, who had alleged that the LP’s petition against him was not filed on time and should be dismissed.
Dissatisfied with that ruling, Jang appealed against the ruling on the grounds that during the pre-hearing, Tallen willingly withdrew an application? which was the life wire of her petition.Jang’s counsel, Mr Olu Dundare, had told the appellate court that even though the withdrawal of the application was done with the advice of the tribunal, it was a blunder made by the petitioner? and? pointed out that it was sufficient ground to invalidate the case.
?“My Lord, by withdrawing the application of June 15, 2011, it simply means that the petitioner has withdrawn the oxygen of the comatose patient; it was like withdrawing the petition itself and so it is dead, “ he argued.
However, Tallen’s counsel, Mr Kola Awodein, objected to Dundare’s submission and said that the advice of the tribunal for the withdrawal of the application in question was because it (Tribunal) said that it was similar to that of July 1, 2011.
?“The two applications were consolidated before the withdrawal, even at that it was not our fault but that of the tribunal,“ Awodein argued.
?Awodein said that the tribunal, in its record, quoted his Lead Counsel, Mr Ibrahim Jamjam, as saying that, “ the observation of the tribunal that the application of June 15, 2011 is dead“.
“My lord, it was an irresistible observation and a mistake which was not ours but that of the tribunal, and I hereby urge your lordship to dismiss the petition, “ he prayed.
?In her ruling, the lead Judge of the appellate court, Mrs Clara Ogunbiyi, upheld the ruling of the Tribunal.
Ogunbiyi said : “We have established that the tribunal was right by saying that the respondent in this case complied with the rules in filing her petition.
“The tribunal was right in dismissing the application of Jang, and we hereby accordingly dismiss this appeal, “ she ruled.
?In the same vein, the appellate court also ruled in another appeal in favour of Tallen, who challenged the Tribunal’s extension of time for Jang to file more applications.
Ogunbiyi, in her ruling on the appeal, said “the tribunal ought to have refused extension of time to the respondent (Jang) considering his breach of the electoral Act, and therefore, the appeal is allowed“.
Commenting on the rulings, Jang’s counsel, Dundare, said they would “study them carefully’’.
“We shall consider appealing at the Supreme Court or go back to the tribunal to continue with the case on its merit“. (NAN)
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