By GARBA MUHAMMAD, Kaduna

Hon. Yusuf Tanko Sununu of the All Progressives Congress (APC), representing Yauri, Ngaski and Shanga Federal Constituency of Kebbi State, on Friday, April 28, 2023, sought the dismissal of a petition challenging his victory at the recent House of Representatives election.

Counsel to Sununu, Barrister Hussaini Zakariya SAN, during the first hearing, gave reasons why the Election Tribunal in Birnin Kebbi should dismiss the petition filed by Muhammad Bala Usman, candidate of Peoples Democratic Party (PDP), who lost to Sununu.

“The petitioner has failed to apply for pre-trial session within seven days prescribed by Electoral Act, first schedule.

“By the Electoral Act first schedule the moment pleadings have closed, it means all parties have concluded exchanged of their papers.

“Immediately parties conclude filing papers from the last day, the petitioner is expected to apply for pre-hearing session within 7 days,” he explained.

Continuing, Zakariya SAN observed that the petitioner filed an application for pre-hearing on the eight day.

“The law states that the moment you did not file application for pre-hearing within seven days, the petition is deemed to have been abandon and the respondent will apply for the petition to be dismissed or if the respondent didn’t apply, the court on its own can select it for dismissal and dismiss it,” he said.

Counsel to the petitioner, Barrister Magnus Ihejirika, in his response, told the tribunal that they have filed counter-affidavits to the motion on noticed filed by the first respondent and served his counsel morning in court.

Chairman of Tribunal, Hon. Justice Margret Opara, adjourned the matter to Tuesday, May 2, to determine the application moved by the first respondent.

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