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By Yusuf Abubakar.
The retrial commenced by Justice Gabriel Kolawole took a new dimension as the judge ruled against and rejected the testimony by proxy of the principal witness, who served as the returning officer of the kogi east senatorial primary election raised by the plaintiff, Isaac Mohammed Alfa.
The judge, citing some sections of the constitution and the evidence act, stated that the decision of the witness that served as the returing officer of the election not to appear may be personal or political as enforcing any subpoena or bench warrant will worsen his appearance against the plaintiff.
He said it will negate the decision of the apex court to retry the case through pleading and not originating summons which requires the sworn and deposed affidavit of the witness to be cross examine by parties in the suit.
Alfa’s lawyers had paraded witnesses who were former party state executives in Kogi and workers in the party’s secretariat ended up contradicting to their deposed documents.
One of the witnesses testified against the former state chairman of PDP and the immediate past governor, alleging that the duo attempted to influence the outcome of the Kogi East primary without proof. The testimony was thrown out for lack of evidence.
Counsel to Kogi East senator, Atai Aidoko Ali, P. N.I. Ekweator had argued strongly against the acceptance of documents or items not deposed to by the witnesses as it contradicts the true position of fair hearing and against the interest of justice.
Alfa presented seven witnesses including himself and six had testified so far including the plaintiff due for cross examination on resumption of sitting by monday at 10am to authenticate his deposition and statements.
Earlier, the former INEC electoral officer for Idah local government and the host council, Mr Wada Edibo stated that some of the deposition in his statement of witness actually contradicts the true position of what transpired at the venue of the primary election in December 2014.
Judicial observers have predicted a worst case scenario for the plaintiff as some of his witnesses had deliberately back out of the case out of political exigency and other emerging factors.
The case will continue by monday next week.
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