The National,States Assembly Elections Tribunal has adjourned to the 9th Day of June,2023 to conclude prehearing session .
The petitioners counsel,Ishaq Magaji told the tribunal that the matter was slated today(Thursday) for conclusion of prehearing but he seeks the leave of the court to move three pending applications which is dated 27th Day of May,2023.
However, the first motion is seeking the leave of the honourable court to file additional list of the witnesses from the petitioners and the second application or motion on notice is to enable the petitioners regularize his counter affidavit of the 1st June, 2023 in response to the 4th&5th preliminary objection.
According to Magaji, the petitioners motion on notice dated 14th day of May,2023 erroneously so as to replace it with that of 1st June,2023 by seeking the order of the tribunal to front load the petitioners list of additional witnesses and the counter affidavit filed to response to the 2nd respondent notice of preliminary objection dated 01/06/2023 to regularize their position .
Magaji told the tribunal that their further affidavit was accompanied by motion on notice and a written address but the second respondent, Barr. David Peter Dusu didn't opposed to the counter affidavit of the petitioners.
However, ruling on the petitioners application, Hon.Justice William Olamide stroke out three of the Rt.Hon. Ibrahim Baba-Hassan applications dated 27th day of May ,2023.
Ishaq Magaji ,SAN, second application was a motion on notice filed on the 6th June ,2023 both the applications were filed on the same day.
He stated that it is a harmless applications seeking the leave of the honorable tribunal to regularize their petitioners and second is a motion for extension of time to file on the 06/06/2023 which he moved it.
Magaji disclosed that the application seeking the leave of the honorable tribunal response to counter affidavit and a written address and was granted him to response.
However, drama eschew when the petitioners motion to regularize and response to the 2nd respondent Counter affidavit, Barr. Tsok opposed that there is no provision from the electoral act provide for the extension of time.
Ishaq Magaji explained further these application were filed in response to earlier petition that was withdrawn because they tribunal dictate defect and was stroke out already.
After listening to the argument the tribunal chairman, Honorable, Justice William Olamide adjourned to Friday 9th of June, 2023 for conclusion of prehearing session.
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