The All Progressives Congress (APC) has told the Presidential Election Petitions Court (PEPC) that there was absolutely nothing to defend in the separate petitions of the Labour Party (LP) and the PDP, saying it is needless to flog a dead horse.
The ruling party declined to open its defence in the petition filed against it by the People’s Democratic Party (PDP) and its presidential candidate, Abubakar Atiku, challenging the conduct and declaration in the February 25 presidential election.
APC, through its lead counsel, Prince Lateef Fagbemi (SAN), came to the conclusion not to open defence in Atiku’s petition after cross examining the Senate Majority Leader, Michael Opeyemi Bamidele, the star witness to President Bola Ahmed Tinubu.
Fagbemi had subjected Senator Bamidele to rigorous questioning during which the witness, who is a legal practitioner, admitted that Tinubu’s election cannot be reversed on the strength of his forfeiture of $460, 000 to the United States of America (USA) through a court order.
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The witness, while responding to Fagbemi’s questions, held that Tinubu was not arraigned, indicted or sentenced for any criminal charges by any American court and that civil forfeiture cannot take the place of criminal 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 said.
Answering another question, the Senate majority leader claimed that he has known President Tinubu for more than 35 years as a bonafide Nigerian citizen by birth.
However, after reviewing the evidence of the witness and it was time for APC to open defence, Fagbemi said, “Having taken a sober reflection of the entire case, we have enough evidence and we are not calling any witness; we do not intend to whip dead horses. We announce the closure of the case of the 3rd respondent.”
Earlier, the Senate majority leader had told the court that President Tinubu did not need to score 25 percent of votes cast in Federal Capital Territory (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, said although Abuja is the federal capital of Nigeria, it has no special status other than that.
When asked if the committee reports on the location of FCT recommended a special status for FCT, the witness admitted that FCT is a symbol of unity, and maintained that other state capitals such as Kano, Ibadan, Enugu, and others are also centres of unity.
He agreed with the petitioner’s counsel that President Tinubu scored 19.4 percent in total votes cast in FCT.
When told that Tinubu is the first president to emerge without scoring 25 percent of votes in the FCT and not winning his home state, the witness said it did not matter.
According to the witness, the judgment of the US court on the forfeiture of $460,000 has Tinubu’s name but not as a criminal suspect but as civil proceeding, insisting that it was a civil forfeiture and not a criminal one.
Under further cross examination by Fagbemi, the witness agreed that there cannot be a conviction without a charge, trial, indictment and conviction.
The witness said by the judgment of the Federal High Court, Abuja, in a suit filed by Labour Party against Independent National Electoral Commission (INEC) on the mode of collation of election results, INEC is at liberty to use any mode of collation it deems fit.
Meanwhile, the court has given the respondents 10 days to file their final written addresses, the petitioner seven days to respond and five days to reply on point of law.
Presiding justice of the court, Justice Haruna Tsammani, said the parties would be communicated on the date for the adoption of the final written addresses.
