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

•PDP’s petition stalls, Obi calls additional witnesses, more exhibits 

•INEC, Tinubu, APC seek to interrogate expert witness today

Alex Enumah in Abuja

The Presidential Election Petition Court (PREPEC), yesterday, 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 Senator 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.

However, hearing in the petition of the candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, slated for yesterday could not go on due to time constraint.

But candidate of the Labour Party (LP), Mr Peter Obi, yesterday, called in three additional witnesses as well as tendered additional documents, as part of efforts at proving allegations of irregularities, corrupt practices and non-compliance with the electoral guidelines for the February 25 presidential election.

APM, in its petition numbered: CA/PEPC/04/2023, claimed that Tinubu ought not to be on the ballot over alleged double nomination of his then running mate, Senator 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 Kabiru Masari, who was initially nominated as the vice presidential candidate of the 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 5th 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, adding that, at the time Tinubu announced Shettima as running mate, he was no longer in a position, constitutionally, to nominate a running mate.

APM at the hearing, tendered several exhibits through its sole witness, Aisha Abubakar, who 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, a 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 every thing surrounding the nomination of the Vice President.

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

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

But hearing in the petition of the candidate of the PDP, Atiku, could not go on yesterday due to time constraint.

The Justice Haruna Tsammani-led five member panel had Tuesday adjourned to yesterday 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 concluded 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 were 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, the date has been extended to Friday due to some days the court did not sit.

Obi Calls Additional Witnesses, Tenders More Exhibits

Presidential candidate of the Labour Party (LP), Mr Peter Obi, yesterday, called in three additional witnesses as well as tendered additional documents.

Amongst those who testified was a  Cyber Security Expert, Dr Chibuike Ugwuoke.

But because his statement on oath was served on the respondents few moments to the commencement of yesterday’s proceedings, the respondents demanded the court’s permission to study the document so as to properly cross examined the witness.

After adopting his statement as his evidence in the petition, Ugwuoke was then led to tender some documents in support of his evidence.

Amongst the documents he tendered were a metal data for the polling units results and a press release by INEC ‘s Festus Okoye on November 11, 2022, Titled: Alleged Plot to Abandon Electronic Transmission of Results to IReV Portal.

Although all the respondents objected to the witness’ statement and the admissibility of the documents, the panel however admitted them as exhibits while its ruling in the objection would be delivered alongside the final judgment.

The two other witnesses, Mr Sunday Onoja Oloko and Kafas Iyah, in their separate testimonies, told the Presidential Election Petition Court ( PREPEC) that but for the failure of real time transmission of the presidential election results from the polling units to the INEC Results Viewing (IReV) Portals, everything went successfully during the February 25 presidential election.

The additional three has brought the total witnesses of the Labour Party to 10, while it tendered some documents duly certified by INEC, including the total number of registered voters and PVCs in 32 states of the federation.

The documents were however, objected to by all the respondents, and they have reserved their responses until the final written address stage.

Also tendered is a CTC of Certificate of Compliance in respect of Edo State. INEC did not object to it but Tinubu, Vice President Kashim Shettima and the All Progressives Congress (APC) objected to the document and reserved their responses.

CTCs of supplementary IReV reports in respect of three local government areas (LGAs) of Benue, two (LGAs) of Cross River, 12 LGAs of Lagos and one of Gombe were also tendered and admitted as exhibits.

Hearing continues today.