Appeal Court dismisses PDP appeal on forensic expert

The Kaduna Division of the Court of Appeal on Thursday dismissed an appeal against the ruling of the Kaduna State Governorship Election Petitions Tribunal brought before it by the Peoples Democratic Party and its governorship candidate, Alhaji Isa Ashiru.

The appellants had gone to court to challenge the ruling of the tribunal for refusing to allow a forensic expert to testify before it due to the expiration of the14-day time frame given to them to present witnesses.

On Thursday, the Appeal Court upheld the ruling of the tribunal, noting that the timeline for the appellants to produce witnesses had lapsed on July 4, 2019.

While delivering judgment on the matter, Justice M. A. A. Adumein, stated that the tribunal had no powers to extend the timeline given to parties to produce witnesses.

He, therefore, stated that any attempt to extend the date would amount to a nullity.

The PDP and its governorship candidate in the March 9 polls Ashiru, called a forensic expert to give evidence on the documents that were used by the Independent National Electoral Commission for that elections.

Counsel for Governor Nasir El-Rufai and the APC had raised objections to the motion, arguing that they were only served with the witness statement shortly before the court session began.

However, counsel for the PDP, Dr Paul Ananaba, had faulted the objections on the grounds that he had earlier informed the tribunal that he will subpoena a forensic expert.

But ruling on the matter, the tribunal chairman, Justice Ibrahim Bako, had said the petitioners failed to present the statement within the stipulated time frame, therefore the witness had lost the right to testify.