The lead counsel representing Deputy Governor Barr. Samuel Ode, Mamman Mike Usuman, SAN, has raised concerns over the unconstitutional relocation of the Benue State Governorship tribunal from Makurdi to Lafia in Nasarawa State. In an interview with journalists in Makurdi following the tribunal’s sitting, Usuman explained that the tribunal’s venue can only be changed under special circumstances of insecurity or lack of infrastructure.
Usuman emphasized that the determination of the tribunal’s venue is outlined in Section 285(2) of the constitution, and this provision should not be compromised. He pointed out that in this particular case, there were no existing circumstances of insecurity or lack of infrastructure that warranted the relocation to Lafia, making the move legally erroneous.
To address this issue, Usuman filed a motion supported by an affidavit and a written address, invoking Section 285(2) and Paragraph 20(2) of the schedule of the Electoral Act of 2022. This motion argued that the trial should remain within the proper jurisdiction. To his surprise, the petitioner filed a counter, despite the seniority of the petitioners’ counsels being Senior Advocates of Nigeria.
However, when the panel in Lafia read and considered the law, they immediately recognized the legal error and returned the tribunal to its rightful jurisdiction. Usuman withdrew his earlier application before the court and acknowledged that the case needed to recommence from the pre-hearing stage due to the different quorum of judges.
Usuman expressed optimism that there is substantial evidence to support the dismissal of the case against his client. He also mentioned that the Election Petition Tribunal has concluded the pre-hearing stage in another case involving the nomination of Samuel Ode as deputy governor, which is between the Peoples’ Democratic Party (PDP) and the All Progressives Congress (APC).