For President Bola Ahmed Tinubu, Vice President Kashim Shettima and the All Progressives Congress (APC), the curtain on the suits filed by both Alhaji Atiku Abubakar of the Peoples Democratic party (PDP),his party, Mr. Peter Obi, and his Labour Party challenging their victory at the 25 February Presidential Election is partially drawn. The respondents in
For President Bola Ahmed Tinubu, Vice President Kashim Shettima and the All Progressives Congress (APC), the curtain on the suits filed by both Alhaji Atiku Abubakar of the Peoples Democratic party (PDP),his party, Mr. Peter Obi, and his Labour Party challenging their victory at the 25 February Presidential Election is partially drawn.
The respondents in the two suits filed by the defeated presidential candidates and their parties dramatically closed their defence after calling a star witness. The Presidential Election Petitions Court (PEPC) has, therefore, directed respondents in the two case(President Tinubu, Vice President Shettima and the APC)to file their final written address in 10 days while the petitioners have seven days to file their final written address which must must not be more than 40 pages.
The Presiding Judge, Justice Haruna Tsammani also said parties are at liberty to file objections within 10 days stressing that parties would be contacted on when to come to court to adopt their final written address.
At Wednesday’s proceedings, President Tinubu’s lead counsel, Chief Wole Olanipekun, Senior Advocate of Nigeria (SAN), tendered volumes of documents to defend the president’s mandate in the Mr. Obi’s case. Key among the tendered documents were academic records of President Tinubu from the Chicago State University in the US, details of the president’s Nigerian passport data page between 2 February 2011 to 20 November 2019, a letter from Nigeria Police to the US Embassy and a clearance letter from the US Embassy in Nigeria to the Nigeria Police Force.
The letter from the US Consular General in Lagos dated 4 February 2003 revealed that Mr Tinubu had no record of criminal conviction or arrest in the US. Others are the Report of the Committee on the location of the Federal Capital Territory (FCT), Certified True Copy(CTC) of Form EC8D for Kano state and Form EC8D(A)for National Collation Centre result.
Also, the acknowledgement copy of Vice President Shettima’s voluntary withdrawal from the Borno Central Senatorial district seat, a Supreme Court judgement and a copy of Nigerian Tribune newspaper.
President Tinubu’s star witness, Senator Michael Bamidele Opeyemi while being led in evidence by Chief Olanipekun SAN, told the court that Mr Obi was not a member of the Labour Party at the time his party (LP) sent it’s membership register in Anambra to INEC Chairman as required by law on 25 April 2022. A membership register of the Labour Party in Anambra State, Mr Obi’s home state, South-east Nigeria, was earlier tendered in evidence to buttress the allegation.
Under cross-examination by Mr Fagbemi, SAN, Senator Opeyemi who represents Ekiti Central at the Nigerian Senate, said, “There can be no criminal conviction of anyone without a charge in the US.” Senator Opeyemi, who was called to the New York Bar since January 1999, was asked whether it was legally correct on the face of an exhibit President Tinubu, whom Mr Obi and Atiku’s Abubakar of the Peoples Democratic Party, alleged he was convicted and forfeited 460,000 dollars in drug-related offences in the US, he said it was not legally possible.
Under cross-examination by Dr. Uzoukwu, SAN, Senator Opeyemi attributed cases of killings and arson in Nigeria’s South-east region to the grisly activities of the outlawed Indigenous People of Biafra (IPOB). Senator Opeyemi blamed IPOB for the brutal killing of a senatorial ticket-holder in Enugu, a few days before the presidential and National Assembly elections on 25 February.
This was after Dr. Uzoukwu drew Senator Opeyemi’s attention to the ECOWAS report on the outcome of the general elections. His words: “I agree with the conclusion, but I disagree with that part of the ECOWAS election observation mission report concerning widespread violence during the polls. I attribute the killings in Enugu of the Senatorial candidate to IPOB activities”.
INEC’s lead Counsel Mr. A. B. Mahmoud and APC’s lead counsel, Prince Lateef Fagbemi, did not object to the admissibility of the documents but Mr. Obi’s lead Counsel objected to the tendering and admissibility of all the documents.
The five-member panel of the court headed by Haruna Tsammani admitted the documents in evidence despite opposition from Mr Obi’s lawyer, Livy Uzoukwu. After Senator Opeyemi concluded his testimony, he was discharged from the witness box.
Subsequently, Mr Olanipekun informed the court that his client’s defence had ended.
Also, APC’s lawyer, Prince Fagbemi, adopted the evidence led by Mr Tinubu’s legal team as theirs adding; “There is no need to subject your Lordships to the torture of sitting and writing in long hand. Therefore, we have established our case through the 2nd respondent (President Tinubu). “We have called evidence, but we are not calling any witness,” Prince Fagbemi told the court.
Also on Wednesday, Alhaji Abubakar’s counsel, Mr. Eyitayo Jegede SAN cross examined Senator Bamidele. Mr. Jegede asked the witness whether Alhaji Abubakar’s name was on the Supreme Court judgement tendered in evidence before the court in a suit between the AG Adamawa and the INEC, the witness said ‘no’. The witness when asked whether President Tinubu scored 25percent in the FCT, said President Tinubu did not need to score 25 percent in FCT.
Senator Opeyemi said it was true that President Tinubu was the only candidate among the four leading candidates in the 25 February Presidential Election that failed to win his home state. After the cross examination of the witness, Chief Olanipekun announced the close of President Tinubu and Vice President Shettima’s defence.
The APC Lead Counsel, Prince Fagbemi also announced the close of the defence for the APC.
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