2023 Presidential Election: Tinubu, Shettima Close Defence in Atiku-PDP Petition

President Bola Ahmed Tinubu, the Vice President Kashim Shetima and the All Progressives Congress (APC) have also closed their defence in the petition filed by the presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, challenging their electoral victory in the 2023 presidential election.

The counsel to Tinubu and Shettima, Mr. Wole Olanipekun, a Senior Advocate of Nigeria, closed the defence on Wednesday at the Presidential Election Petition Court (PEPC) sitting in Abuja, Nigeria’s capital, after calling their only witness, Mr. Michael Bamidele, who is the majority leader in the Nigerian Senate.

Also, the counsel to the All Progressives Congress (APC), Mr. Lateef Fagbemi, closed the party’s defence against Atiku and PDP’s petition.

Mr. Fagbemi told the tribunal that he was satisfied with the submissions made by Tinubu and Shettima’s witness, Mr Michael Bamidele, therefore closing his case; according to him, there was no reason for him to call another witness to testify.

Before the examination and cross examination of the witness, Olanipekun tendered the ECOWAS Election Observation Report on the 2023 presidential elections, form EC8A and EC8A(D) for Kano State as exhibits.

Also tendered as exhibits by Olanipekun were the certified true copies of report on the location of Nigeria’s capital, Abuja, among other documents.

The Chairman of the Presidential Elections Petition Court (PEPC), Justice Haruna Simon Tsamani, admitted the documents as exhibits, in spite of the objection by the counsel to Atiku Abubakar and the PDP, Mr. Eyitayo Jegede, a Senior Advocate of Nigeria (SAN).

He thereafter gave the respondents ten days within which to file their written addresses, while petitioners were given seven days to file theirs in accordance with the law.

Five days were allocated for reply by the respondents.

During the cross examination of the witness, Mr. Michael Bamidele, he informed the court that President Tinubu must not make 25% of votes in the Federal Capital Territory (FCT) before being declared as winner by the Independent National Electoral Commission (INEC).

When asked if the committee reports on the location of the FCT recommended a special status for the FCT, the witness admitted that the FCT is a symbol of unity, but maintained that other State capitals such as Kano, Ibadan, Enugu, and others are also centres of unity.

He agreed with the petitioner’s counsel that President Tinubu scored 19.4 per cent in total votes cast in the FCT.

Meanwhile, under further cross-examination by counsel to the APC, Prince Lateef Fagbemi SAN, the witness agreed that there can not be a conviction without a charge, trial, indictment and conviction.

After taking the witness, the presiding Justice of the Presidential Election Petition Court, Justice Haruna Tsammani, said that the parties would be communicated to with regard to the date for the adoption of the final written addresses.