By: Valentine Adese (JP),
The National/State Houses of Assembly Election Petitions Tribunal has been told by Prof. Maiyaki Theodore Bala (SAN) that, the gravamen of Petition No: EPT/PL/SHA/16/2023 is predicated on the flagrant and willful disobedience of the Order(s) of the High Court of Plateau State by the Peoples Democratic Party (PDP).
Prof. Maiyaki (SAN), who is a Star witness in Petition No: EPT/PL/SHA/16/2023, which he filed challenging INEC over the election it conducted for Qua’anpan South State Constituency of Plateau State on the 18th March, 2023 and the declared victory of Hon. Deoyok Cornelius, also told the Tribunal that, PDP could not have sponsored any candidate to contest in that election owing to its lack of structure in the state.
Under Examination-in-Chief, Prof. Maiyaki said, I am, Maiyaki Theodore Bala, I am a Legal Practitioner and I live at Kwande in Qua’apan Local Government of Plateau State on 7th April, 2023, I made a statement on Oath in respect of Petition No: EPT/PL/SHA/16/2023 and also an additional statement on Oath. I can identify both. I want to adopt them as my evidence in this Petition.
“In several paragraphs of my witness statements, I made reference to several documents P1-P12, the PDP Constitution, P17 and P19. These are the exhibits with me”.
While under Cross-Examination by the Counsel to INEC and the 2nd and 3rd Respondents in the Petition, Prof. Maiyaki (SAN) said, “The Plateau state PDP chapter is under the operation of the National body of the PDP. If the National body of the PDP conducts Primaries into offices in Plateau State as it stands, it will be illegal.
“After the 25th September, 2021, PDP Congress, it was the primary business of the members of the PDP to complain, if any.
“I cannot confirm, if the PDP Congress took place on the 25th September, 2021. I can also not confirm that, all the cases that I have referred to are Pre-election matters. The Case of Augustine Timkuk was decided, after Bitrus Kaze’s case, yes.
“I am not a party to any of these suits (P1-P12). I did not challenge the emergence of the 2nd Respondent because it was a Pre-election matter, even when the 1st Respondent (INEC) had published his name because it was an internal issue within the PDP.
“I am not a member of the PDP, but I am aware that, this Congress was not held. The date on the purported Congress is 25th September, 2021.
“I am not aware that, the Judgment of Exhibit 2R2 of the Plateau State High Court (PSHC) was complied with. I am not aware that it was confirmed in the Judgments so, I cannot confirm it.
“S.S. Obende (Esq), signed my Petition as a Lawyer. I am also not aware that, S.S. Obende (Esq) was a Counsel in the Judgments, 2R2 and 2R3 and I am not aware that my Petition was filed after the Judgments of 2R2 and 2R3”.
In an exclusive interview with Journalists at the Court premises after the session with the Tribunal, Prof. Maiyaki (SAN) expressed delight, over his appearance at the Tribunal to ventilate himself, adding that, the end will justify the means with the hope that, his party, the All Progressives Congress (APC), will come out victorious in all the Petitions filed in the various Tribunals in the state.
He said, “First, I am delighted that, I had the opportunity to converse or rights as citizens via the instrument of the Judicial arm. It was an opportunity to ventilate grievance and we await the outcome.
“As a petitioner, I am quite delighted that I had the chance to come in and defend my petition by myself. It means every other witness in this petition is a supporting witness.
‘So, to ask how fulfilled I am, I am fulfilled because it has given me the opportunity to come and share my understanding of the process of elections and the application of Law to the process of our elections. I thank God for the opportunity and I am very hopeful that, the end will justify the means. The outcome will declare us victorious and we will have the opportunity to remain in a society where the rule of Law is upheld.
“Like I said, we are in a democracy and in every democracy, the rule of law is upheld and I am also aware that, no house is built on a faulty foundation and it would stand.
“The gravamen of our petition is predicated on the flagrant and willful disobedience of the order of the High Court of Plateau State by the PDP and the issues of non-compliance of the provisions of the Electoral Act 2020 as amended.
“It is therefore necessary to state that, as a Democrat, I stand against disobedience to court orders and I will continue to profess compliance to the rule of Law and expect that, democratic structures like our political parties will also key into this. …sic..
“So, you will find that, not only that we won the election by the Lawful votes cast, but also that, PDP as a political party in Law, cannot fill in candidates in the 18th March 2023, especially for Qua’anpan South House of Assembly election conducted by INEC in that regard.
“This is simply because you can build something on nothing and expect it to stand!
“Concerning the political terrain as we see it today, the truth of the matter is that, our Democracy is evolving and we have been consistent since 1999. Democracy is an organic element of human endeavor and the more it evolves the more we learn the lessons of its evolution.
“You will find that elections today, are principally not the way they were in 1999 and if you look with introspection, you will find that today, our electoral system is inundated with Judicial petitions making it look like, it is the courts that determine the outcome of our leadership.
“But, time will come in the future when our electoral system will sort itself out”.
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