Late Gen Useni
By Marie-Therese Nanlong
Plateau State Peoples Democratic Party, PDP governorship candidate in the last election, Senator Jeremiah Useni, has filed his appeal briefs at the Court of Appeal, Jos Judicial Division.
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Useni’s appeal contains 21 grounds challenging the judgment of Hon. Justice Halima Saleeman led Governorship Election Petition Tribunal which dismissed Useni’s petition and affirmed the election of Governor Simon Lalong of the All Progressives Congress, APC.
In the briefs, containing 37 decided cases, Sen. Useni argued why the judgement of the lower court should be reversed in his favour and he be declared the elected governor of Plateau State.
When the case was called on Monday, November 4, 2019, a five member Governorship Appeal Panel, presided by Hon. Justice J. O. Bada began the proceedings, Counsel to Sen Useni and the PDP, SG Odey leading a team of four other legal experts announced that his team had filed the appeal briefs within time specified under the Electoral Act.
It has also emerged through Counsel to Simon Bako Lalong, P.A Akubo, SAN and that of the All Progressives Congress G.S Pwul, SAN, that they have filed two Cross Appeals on this matter. They are asking the panel of judges to also review some aspects of the judgment of the governorship tribunal even though the whole judgment went in their favour.
Whereas Useni and PDP are challenging why the tribunal arrived at a different decision after finding that Simon Bako Lalong lied on oath concerning his name on official INEC forms, Lalong himself and the APC are actually challenging how Justice Saleeman and her team could have come to the conclusion in the first place that Lalong lied on oath.
Meantime, INEC, which is the 1st Respondent in the main appeal and the 3rd Cross Respondent to the two Cross Appeals has filed no cross appeal of its own. Thus, the commission has all along from the lower court maintained that it stands for the interest of both Appellants and Respondents.
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Useni’s Counsel SG Odey told the appeal panel that his team is expecting the briefs of the Respondents on the main appeal as well as that on the cross appeals. Thus, the appeal before the panel is “not yet ripe for hearing.” He has however indicated that once they receive Respondents’ briefs within this week they will also file their responses to the briefs.
Hon. Justice J. O. Bada, Presiding, announced that the Main Appeal and the two Cross Appeals will be heard the same day, and adjourned hearing to Friday, November 22nd, 2019.
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