The All Progressives Congress (APC), on Wednesday declined to open defence in the petition of the Peoples Democratic Party (PDP), and its presidential candidate, Abubakar Atiku, saying that it would not waste its time in participating in the whipping of dead horses.
The APC told the Presidential Election Petition Court in the petition challenging the conduct and declaration of Bola Ahmed Tinubu as winner of the February 25, 2023 presidential election.
The Party through its lead counsel, Prince Lateef Olasunkanmi Fagbemi, SAN, pointedly said that there was absolutely nothing to defend in the separate petitions of the Labour Party (LP) and the PDP.
Fagbemi said that he 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.
Bamidele while responding to Fagbemi’s questions held that Tinubu was not arraigned, indicted or sentenced for any criminal charges by any American Court, stressing that civil forfeiture cannot take the place of criminal trial and conviction.
The witness also told the Court that Tinubu does not need to score 25 percent of votes cast in FCT to be declared winner of the February 25 election.
Bamidele, who was cross examined by Eyitayo Jegede, SAN, counsel to Atiku and the PDP, said although Abuja is the Federal Capital of Nigeria, it has no special status other.
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, adding however, that other state capitals such as Kano, Ibadan, Enugu, and others are also centers of unity even as he agreed with the petitioner’s counsel that Tinubu scored 19.4 percent out of the total votes cast in the FCT.
When told that Tinubu emerged as the first President to be declared without scoring 25 percent votes in FCT and not winning his home state, Bamidele said it does not matter.
Bamidele also said that 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.
In the words of Bamidele; “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”, adding that he knew Tinubu for more than 35 years as bona fide Nigerian citizen by birth.
Addressing the Court, 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”.
Under further cross examination by counsel to APC, Fagbemi SAN, Bamidele said that there cannot be a conviction without a charge, trial, indictment and conviction, adding that the judgment of the Federal High Court, Abuja, in a suit filed by the Labour Party against INEC on the mode of collation of election results, held that INEC is at liberty to use any mode of collation it deems fit.
After the testimony of Tinubu’s sole witness, Chief Wole Olanipekun, SAN announced the closure of Tinubu’s defence, while Lateef Fagbemi, SAN announced for APC.
In the meantime, the Presidential Election Petition 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.
Presiding Justice of the Presidential Election Petition Court, Justice Haruna Tsammani, said that the parties would be communicated on the date for the adoption of the final written addresses.
