EPT/PL/HR/08/2023: THE REPLY OF PRP AND MUHAMMAD ADAM ALKALI IS NULL, VOID AND OF NO EFFECT. RT. HON. BABA HASSAN AND THE APC, TELL TRIBUNAL TO HOLD, IN FINAL WRITTEN ADDRESS

By: Valentine Adese (JP),

The Petitioners in Petition No: EPT/PL/HR/08/2023, Rt. Hon. Ibrahim Baba Hassan and the All Progressives Congress (APC), have told the National/State Houses of Assembly Election Petitions Tribunal sitting in Jos, Plateau state, in their Counsel’s Final Written Address that, the reply of Hon. Muhammed Adam Alkali and his party, the Peoples Redemption Party (PRP) (the 4^th and 5^th Respondents) to the Petitioners’ Petition before the Tribunal is null, void and of no effect as it was signed by M. S. Salihu (Esq).

The Petitioners in their Final Address, have argued and urged the Tribunal to hold that, the pleadings of the 4^th and 5^th Respondents was signed and filed by M. S. Salihu (Esq) as a Lawyer in the salary payroll of the 1^st Respondent and that makes it null, void and of no effect.

The Petitioners in their Counsel’s Final Written Address stated in part that, “Also note, the 4^th and 5^th Respondents reply to the Petitioners petition filed before this Hon. Tribunal is null, void and of no effect, the pleadings of 4^th and 5^th Respondents filed in this matter, having been franked and filed by M.S SALIHU a lawyer in salaried employment as at then and conceded by the said counsel himself in open court and on record.

“See the decision in OLUWATUYI & ANOR v. OWOJUYIGBE & ANOR (2014) LPELR-23529 (CA) 33-34, G-A. And the persuasive decision of the National Industrial Court of Nigeria, Enugu Division, in a matter with suit no. NICN/56/2019 BetweenONYEDIKACHI and NIGERIAN SECURITY AND CIVIL DEFENCE CORPS (2019) (Unreported) Where the court held “that the defence Counsel is therefore barred from franking court processes for filling in this matter and from appearing in court.., therefore come to an end. Nor, can you put something on nothing and, expect it to stand; it would collapse– MACFOY v. UAC (1961) 3 WLR 405 at 409.

Equally, the Petitioners told the Tribunal to alao hold that, DANIEL ASAMA AGO and the LABOUR PARTY (LP), the 6^th and 7^th Respondents have not filed any pleadings as a reply to their Petition and therefore cannot tender any evidence in the matter.

Baba Hassan and the APC stated in part that, “the 6^th and 7^th Respondents have not filed any pleadings as a Reply to the Petitioners petition. Therefore they cannot tender any evidence on this matter before this Hon. Tribunal in the spirit of you cannot place something on nothing and expect it to stand. Ex nihilo nihil fit-

“See MACFOY V. UAC. (1961) 3 WLR 405 at 409. Thus, Exhibit 6R1, 6R2 and 6R3 shall be expunge from evidence”.

TO BE CONTINUED…