The All Progressives Congress (APC) on Wednesday declined to open its defence in the petition of the People’s Democratic Party (PDP) and its presidential candidate, Abubakar Atiku and Mr Peter Obi of the Labour Party (LP), seeking to sack President Ahmed Bola Tinubu as Nigerian President.
When the ruling party was called to open its defence, APC, through its lead counsel, Prince Lateef Fagbemi SAN, said that there was absolutely nothing to defend in the separate petitions of the Labour Party and the PDP.
This is coming afte cross-examining Tinubu’s star and only witness, Senator Michael Opeyemi Bamidele.
In his testimonials, the Senate Majority Leader, 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.
The witness maintained that Tinubu was not arraigned, indicted nor sentenced for any criminal charge by any American Court, adding 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,” Bamidele said.
Sequel to the conclusion of the cross examination of the witness, and 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 Presidential Election Petition Court that President Bola Tinubu does not need to score 25 percent of votes cast in the 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.
The witness said it does not matter that Tinubu emerged as the first President to be declared without scoring 25 percent votes in FCT and not winning his home state, he admitted that Tinubu scored 19.4 percent in total votes cast in the FCT.
Furthermore, the witness, said 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 proceedings, insisting that it was civil forfeiture and not a criminal forfeiture.
Under further cross examination by counsel to APC, Prince Lateef Fagbemi SAN, the witness agreed that there cannot be a conviction without a charge, trial, indictment and conviction.
Meanwhile, the Court has given the respondents 10 days to file their final written addresses, and the petitioner 7 days to respond and 5 days to reply on point of law.
The court said that the parties would be communicated on the date for the adoption of the final written addresses.
