President Muhammadu Buhari and the ruling party of the All Progressives Congress (APC) on Thursday JKuly 1st 2019 closed their defence in the petition filed at the Presidential Election Petition Tribunal by Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar.
The petitioners are challenging the victory of Buhari and his All Progressives Congress at the February 23, 2019, presidential poll at the Presidential Election Petition Tribunal .
The five-man tribunal led by Justice Mohammed Garba had, on Monday, asked Buhari’s legal team to open their defence on Tuesday after the petitioners had on July 19, closed their case where they had called a total of 62 witnesses and tendered over 40,000 documents. The Independent National Electoral Commission (INEC), which is the first respondent in the matter, had also informed the court that it would not call any witness to defend the petition, saying it would rely on responses of all the petitioners’ witnesses that were cross-examined for the case.
At the resumed proceeding on the matter, Olanipekun, SAN, said his client, haven considered the totality of the evidence before the tribunal, decided that there was no need to further waste the time of the court, saying:
“My lords, we have studied the hardware, software and even hardcopy of the petition and evidence presented by the petitioners, vis-à-vis the issues, which in our humble view, are in contention and evidence.
“That is issues that have been ventilated in this court and not outside. We have decided that it is time that we restrict the legal dwell to the four corners of this Court. “We are very satisfied with the evidence we have led and will be closing the case of the 2nd Respondent within the four walls of this Court, where we were trained to operate.
“I had indeed assured your lordships two days ago that when we start, there would be no going back”, Olanipekun stated.
Immediately President Buhari’s lawyer ended his submission, counsel to APC, Prince Lateef Fagbemi, SAN, also informed the tribunal that the party resolved not to call any witness in the matter. He said:
“In the normal course of events, it is the turn of the 3rd respondent to open its defence. I have ruminated over whether to talk now or later. I am eternally grateful to the petitioners for doing such a great work by providing us with the ammunition for defence. Haven considered all the evidence, we believe there is no point in indulging in an over-kill exercise.
“In the circumstance, we will be closing our case. We, the 3rd respondent, announce that we are satisfied with the cross-examination and evidence proffered. “In the circumstance, I, as leader of this team, announce the closure of the case of the 3rd respondent”.
However, he urged the tribunal to grant the respondents till Monday to procure some documents they would need to file their final written addresses. “There are some documents that would be germane to our written address”, he added.
His request was further amplified by President Buhari’s lawyer who said the respondents would need time to look at some of the evidence already laid before the tribunal. On his part, counsel to the petitioners, Dr Livy Uzoukwu, SAN, thanked the tribunal for accommodating all the parties thus far. He said his clients had predicated the move by both APC and Buhari, saying all they did in the case was “to save face”.
“I further thank them for neither wasting the time of the court nor that of the politicians”, Uzoukwu added. He pleaded that since there are three respondents to the petition, the petitioners should be granted seven days to file their final written address.
In a ruling, the Justice Mohammed Garba-led five-member panel, granted Fagbemi’s request and directed the respondents to within three days from Monday, file their final written addresses.
The tribunal ordered that the petitioners should upon receipt of the addresses, take 7 days afterwards to file their own. It held that the respondent is at liberty to within two days after the petitioners had filed their process, reply on points of law. Justice Garba ordered that filing and exchange of processes by the parties should be concluded before August 16, even as he adjourned further proceedings till August 21 for the adoption of all the final written addresses.