Parties to Adopt Final Addresses July 14, As APM Closes Case against Tinubu 

* PDP’s petition stalls

Alex Enumah in Abuja

The Presidential Election Petition Court (PREPEC) on Wednesday fixed July 14, for all parties to adopt their written addresses in the petition filed by the Allied People’s Movement (APM) against the declaration of President Bola Tinubu as winner of the February 25 presidential election.

The court fixed the date shortly after the close of the petitioners’ case and the end of cross-examination of its sole witness.

The party, in its petition numbered CA/PEPC/04/2023, is claiming that Tinubu ought not to be on the ballot over alleged double nomination of his then running mate, Vice-President Kashim Shettima, and one Kabir Masari, who was initially nominated as a “place holder” vice-president nominee.

Specifically, the APM is contending that the withdrawal of Masari, who was initially nominated as the vice-presidential candidate of the All Progressives Congress (APC), invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.

The party argued that there was a three-week gap between the period that Masari, who is listed as the fifth respondent in the petition, expressed his intention to withdraw, the actual withdrawal of his nomination, and the time Tinubu replaced him with Shettima.

It further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.

According to the petitioner, as at the time Tinubu announced Shettima as the vice-presidential candidate, he was no longer in a position, constitutionally, to nominate a running mate.

This, according to the APM, was since he (Tinubu) had ceased to be a presidential candidate of the APC having regards to the provisions of Section 142 of the 1999 Constitution. 

However, APM at the hearing of its case on Wednesday, tendered several exhibits through its sole witness, Aisha Abubakar.

She was led in evidence by the lead counsel of the APM, Mr Gideon Idiagbonya.

Shortly after adopting her witness statement on oath, the witness, who is the Assistant Welfare Officer of the APM, was led to tender documents which included: Declaration of results sheet Form EC8E; Notice of withdrawal of Kabiru Masari as vice-presidential candidate of APC; Kashim Shettima’s notice of withdrawal as Borno Central Senatorial candidate of APC (Form EC11C); letter of voluntary withdrawal written to APC by Shettima as senatorial candidate of APC for Borno Central Senatorial District; Affidavit in support of personal particulars for nominations of Shettima as vice-presidential candidate of APC (Form EC9); Affidavit of personal particulars for nominations of Ibrahim Kabiru Masari as vice-presidential candidate of APC (Form EC9); and Affidavit in support of personal particulars for nominations of Lawal Kaka Shehu as Borno Central Senatorial candidate of APC.

The remaining documents tendered by the APM were through a subpoenaed staff of the Independent National Electoral Commission (INEC); a Deputy Director, Legal Drafting, Joan Molle Arabs.

They included certified true copies of an online temporary acknowledgment of Kashim Shettima’s profile of Thursday July 14, 2022 and an online temporary acknowledgment of Lawal Kaka Shehu’s profile of Friday, July 15, 2022.

All the tendered documents were admitted as exhibits by the court.

Meanwhile, the respondents, who took turn to cross-examine the witness, announced after the petitioners closed their case that they would not be calling on any witness in defence of the election but would rather rely on the May 26, 2023 judgment of the Supreme Court, which, according to them, has put to rest everything surrounding the nomination of the vice-president.

The Supreme Court judgment, which was tendered in evidence by APC’s lawyer, Prince Lateef Fagbemi (SAN), had dismissed a suit by the Peoples Democratic Party (PDP) against Tinubu’s eligibility to contest the February 25 presidential election on the ground of double nomination of his running mate for lacking in merit.

Besides, a letter notifying INEC of the withdrawal of Shettima as a senatorial candidate of the APC for Borno Central Senatorial District, was tendered by INEC’s lawyer, Dr. Kemi Pinhero (SAN).

Although, the petitioner objected to the admissibility of the said judgment, the court however admitted it as exhibits.

Following the closure of the APM’s case,  the court gave the petitioner 10 days within which to file and serve its final written address and the respondents seven days to file and serve their final written addresses in the petition.

The court then fixed July 14, 2023 for adoption of final written addresses of parties in the petition.

Hearing in the petition of the candidate of the PDP, Alhaji Atiku Abubakar, slated for Wednesday however could not go on due to time constraint.

The Justice Haruna Tsammani-led five-member panel had on Tuesday adjourned to Wednesday morning for continuation of trial in the joint petition of Atiku and PDP against the declaration of Tinubu as president. 

However, by the time the panel would be concluding the case of the APM, there was little time left to take up the case of Atiku.

Consequently, the court adjourned further hearing of Atiku and PDP’s petition till June 22, adding that the court could still take them on Friday if they are not done by Thursday.

Although, the petitioners ought to have ended their case on Tuesday in line with the three weeks time allotted them by the court, however the date has been extended to Friday due to the court not sitting for some days.