At the continuation of pre trial sitting, Counsel to Governor Abubakar Sani Bello, J. S Okutekpa SAN made a preliminary objection seeking the disqualification of lead Council to the first petitioner, Umar Nasko, Mohammed Kudu Ndayako Esq.
Okutekpa, in the application, had objected to Ndayako representing the petitioner being an active participant in the matter that brought about the petition.
He said “that Mohammed Kudu Ndayako Esq. was the deputy governorship candidate of the first petitioner on the platform of the second petitioner “
After citing several legal references, Okutekpa presented certified true copies of form CF001 to show that Ndayako actually took part in the said election which the tribunal accepted as exhibits A1 and A2.
In his response to the application, the counsel to Nasko, Mohammed Kudu Ndayako Esq. described the position of the lead counsel to the first respondent as an attempt to waste time, saying that the law allowed him to represent himself and the petitioner in the case before the tribunal.
Ndayako said he has no objection to the form CF001 presented at this instance.
He said he is qualified to lead the team of the 1st petitioner as no where in the whole process was he listed as a witness or reference made to the documents submitted as exhibits and the time for amendments have elapse.
Quoting rule 20 (1) of the code of ethics law, section 3 of the 3rd amendment to the electoral act and section 285 of the 1999 constitution said under the law he could represent the petitioner.
The Chairman of the tribunal, Justice J. Igboji after consulting with two other members reserved ruling in the application to Sunday 19th of May 2019 from 10 am.