Godwin Tsa, Abuja
After calling seven witnesses, President Muhammadu Buhari and the All Progressives Congress (APC) closed their defence in the petition filed by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, yesterday.
Accordingly, the Justice Mohammed Garba-led tribunal August 21 for final arguments in the petition.
PDP and Atiku, who are challenging the outcome of the February 23 election won by President Buhari had closed their case on July 19, after calling 62 witnesses and tendering over 40,000 documents.
The first respondent, Independent National Electoral Commission (INECl, had informed the court that it would not call any witness, saying it would rely on responses of all the petitioners’ witnesses that were cross-examined.
Buhari commenced his defence on Tuesday after the Independent National Electoral Commission (INEC) had closed its case on Monday without calling any witness.
However, when the matter came up on for continuation, yesterday, lead counsel for Buhari, Chief Wole Olanipekun (SAN), announced that his team was satisfied with the seven witnesses they had led.
He said his client, having considered the totality of evidence before the tribunal, decided that there was no need to further waste the time of the court.
“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 come to the decision 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.
Responding, counsel for the APC, Lateef Fagbemi (SAN), equally told the tribunal that his team also found it unnecessary to call any witness.
“In the normal course of events, it is the turn of the third 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 the ammunition for defence. Having 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 third 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 third respondent.”
Fagbemi however, urged the tribunal to grant the respondents till Monday to procure some documents they would need to file their final written addresses.
Olanikpekun equally expressed the need for time to look at some of the evidence already laid before the tribunal.
Lead counsel for the petitioners, Dr. Livy Uzoukwu, SAN, said his clients had predicted the move by both the APC and Buhari, saying all they did in the case was “to save face.”
He pleaded that since there are three respondents to the petition, the petitioners should be granted seven days to file their final written address.
The tribunal ordered that the petitioners should upon receipt of the addresses take seven days afterwards to file their own. Justice Garba said the respondent were at liberty to within two days after the petitioners had filed their process, reply on points of law.
He 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 adoption of all the final written addresses.
The tribunal shall thereafter, fix a date for judgment.