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Kebbi:Tribunal adjourns to may 15th for ruling on application seeking for extension to reply petition

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By: Abdullahi Faruk Birnin Kebbi

 

Kebbi State election petition tribunal sitting in Birnin Kebbi to give ruling on APC application filed via Abdullahi Yahaya SAN seeking for an extension of time to file third respondent reply to petition with suit No: EPT/KB/HR/ 01/2023 filed by Bello Kabiru of Peoples Democratic party ( PDP) challenging INEC, Bello A. Kaoje and APC as third respondant of which Kaoje who is currently representing Suru/ Bagudo federal constituency and the petition is challenging his victory before the said tribunal.

The said application seeking for extension of time arose when the third respondent filed their reply to petition out of time because they ought to have filed their reply within twenty one days as required by law, but they filed on the twenty second day.

Counsel to third respondent, SAN Abdullahi Yahaya explained to tribunal that it was empowered to do so and he supply authority of the court of Appeal decision 2015 among other authorities as his support to his arguments. He further stressed that going by the decision of court of Appeal tribunal can extend time to filed reply to petition. He argued”.

petitioners counsel, Barrister Aminu Umar Kalgo opposed to the application and said tribunal can’t grant extension of time, said the third respondent filed their reply to petition out of twenty one days prescribed by law. In opposing the application he supply an authority of 2019 court of Appeal judgement where it said that tribunal can not grant extension of time onces respondent is out of time, he said”.

He further urged the tribunal not to grant the application of third respondent seeking for extension of time to filed their reply to petition.

As well counsel to third respondent also urged tribunal not to holds arguments of petitioners counsel and grant his application seeking for extension of time to filed reply to petition, counsel urges”.

Chairman of the tribunal, Honourable Justice Margret Opara having hard both petitioners and third respondent counsel’s adjourned to Monday 15th May to give it ruling on whether it have power to grant application seeking for extension of time to filed reply to petition.

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