The All Progressives Congress (APC) on Wednesday instructed the Presidential Election Petition Court that it could not take part in the whipping of dead horses because it declined to open defence in the petition of the Peoples Democratic Party (PDP) and its presidential candidate, Abubakar Atiku, difficult the conduct and declaration in the February 25 presidential election.
The APC, by means of its lead counsel, Prince Lateef Olasunkanmi Fagbemi SAN, stated that there was completely nothing to defend in the separate petitions of the Labour Party and the PDP.
The senior lawyer got here to the conclusion not to open defence in Atiku’s petition after cross inspecting the Senate Majority Leader, Michael Opeyemi Bamidele, the Star witness to President Bola Ahmed Tinubu.
Fagbemi had subjected Senator Bamidele to rigorous questioning, throughout which the witness, who’s a authorized practitioner, admitted that Tinubu’s election can’t be reversed on the energy of his forfeiture of $460, 000 to the United States of America (USA) by means of a court docket order.
The witness, whereas responding to Fagbemi’s questions, held that Tinubu was not arraigned, indicted, or sentenced for any felony prices by any American court docket, including that civil forfeiture can not take the place of a felony trial and conviction.
“As far as criminal indictment is concerned, Bola Ahmed Tinubu has a clean bill of health because he was never indicted and convicted by any American court,” Senator Bamidele stated.
Answering one other query, the Senate Majority Leader claimed to have recognized President Tinubu for greater than 35 years as bonafide Nigerian citizen by beginning.
However, after reviewing the proof of the witness and deciding it was time for APC to open defence, Fagbemi stated, “Having taken a sober reflection of the entire case, we have enough evidence and we are not calling any witnesses; we do not intend to whip dead horses, we announce the closure of the case of the 3rd respondent.”
Earlier, the Senate Majority Leader instructed the Presidential Election Petition Court that President Bola Tinubu doesn’t want to rating 25 p.c of votes forged in FCT to be declared winner of the February 25 election.
The witness, who was cross examined by Eyitayo Jegede, SAN counsel to Atiku and PDP stated though Abuja is the Federal Capital of Nigeria however has no particular standing aside from that.
When requested if the committee’s report on the situation of FCT beneficial a particular standing for FCT, the witness admitted that FCT is an emblem of unity, maintained that different state capitals similar to Kano, Ibadan, Enugu, and others are additionally facilities of unity.
He agreed with the petitioner’s counsel that President Tinubu scored 19.4 p.c in whole votes forged in FCT.
When instructed that Tinubu emerged as the primary president to be declared with out scoring 25 p.c votes in FCT and never successful his residence state, the witness stated it didn’t matter.
According to the witness, the judgment of the US court docket on the forfeiture of $460,000 has Tinubu’s identify however not as a felony suspect however as a civil continuing, insisting that it was a civil forfeiture and never a felony forfeiture.
Under additional cross examination by counsel to APC, Prince Lateef Fagbemi SAN, the witness agreed that there can’t be a conviction with out a cost, trial, indictment, and conviction.
The witness stated by the judgment of the Federal High Court, Abuja, in a swimsuit filed by Labour Party towards INEC on the mode of collation of election outcomes held that INEC is at liberty to use any mode of collation it deems match.
After the testimony of President Tinubu’s sole witness, Wole Olanipekun, SAN introduced the closure of Tinubu’s defence, whereas Lateef Fagbemi, introduced for APC.
Meanwhile, the Court has given the respondents 10 days to file their ultimate written addresses, and the petitioner 7 days to reply and 5 days to reply on level of legislation.
Presiding Justice of the Presidential Election Petition Court, Justice Haruna Tsammani
stated that the events can be communicated on the date for the adoption of the ultimate written addresses.
