Tuesday 5 October 2021

HON. BEST MALLO vs APC, JOSEPH GULUWA: “GRANT ALL OUR RELIEFS”, M. B. ABDULLAHI (Esq) URGES COURT, AS CASE IS ADJOURNED TO 21/10/2021, FOR JUDGMENT

By: Valentine Adese (JP),

Plateau State High Court has adjourned the matter between, Hon. Peter Best Mallo against the All Progressives Congress (APC), Hon. Joseph Guluwa and the Plateau State Independent Electoral Commission (PLASIEC), over purported APC primaries in Bokkos Local Government Area (LGA), to the 21st of October, 2021 for Judgment.

THE SUIT

The Court adjourned the matter, after hearing to N. Dashuwer (Esq), Counsel to Joseph Guluwa (2nd defendant) and PLASEC (3rd defendant), move his clients’ Preliminary Objection (PO), dated 21st September, 2021, but filed on 22nd September, 2021 and M. B. Abdullahi (Esq), the Counsel to Peter Mallo’s reply to the Counter Affidavit in objection to the Originating Summons filed by, Hon. Mallo, his client.

ABDULLAHI Esq IN COURT

The Court also heard, M. B. Abdullahi (Esq), move the Origination Summons, dated 16th August, 2021, but filed on 19th August, 2021.

According to Abdullahi (Esq), the Originating Summons is brought pursuant to Orders 5 and 8 of the Plateau State Civil Procedure Rules and Sections 36(1) and 197 (1,a) and paragraph 4(a), path B of part 2 of the 3rd schedule of the Constitution of the Federal Republic of Nigeria (As amended).

MALLO AND HIS COUNSEL

Also, Sections 87 (1, 2, and 9) of the electoral Act, 2010 (As amended), Sections 8a and 24 of the Plateau state PLASIEC Law, 2017 and paragraph 4 of PLASIE Guideline for the 2021, Local Government elections, with, Article 7(8), among other extant Laws.

Abdullahi (Esq), also told the Court that, attached to the Originating Summons, is the APC letter dated 22nd June, 2021, issued by the Guideline Drafting Committee, mandating the use of direct Option A4.

M. B. Abdullahi (Esq), explained to the Court that, in the said Originating Summons, there are 7 questions set out for determination and that, it also contains 17 Reliefs for the Claimant if the issues are resolved in his favour.

“Attached to the Summons is also an Affidavit of 40 paragraphs deposed to by the claimant, Hon. Peter Best Mallo”. Abdullahi added.

In his adumbration before the Court, Abdullahi (Esq) said, “I have never seen or witnessed an election, where the outcome has no result, no names of participants and their scores and the person, who won could not be declared the same day, but another day to be announced. We have been searching for the declared result and person. We when went to PLASIEC but no avail. It was when we saw the poster of Mr. Joseph that we know what was happening”.

In an interview with Journalists, Abdullahi (Esq) however expressed strong optimism, while calling on the Judge to see the matter as an opportunity to deepen democracy in the country.

GULUWA AND HIS LEGAL TEAM LED BY DASHUWER Esq

On his part, N. Deshuwer (Esq), expressed the optimism that, the matter would be dismissed.

It is of note that, the Court being presided over by, Hon. Justice Geoffrey Kamyal, sits in Jos, the state capital for Criminal cases, while he sits on Civil matters in Barkin-ladi on Thursdays.

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