The Allied Peoples Movement (APM), on Wednesday, June 21, closed its case at the Presidential Election Petition Court sitting in Abuja in its petition challenging the election of President Bola Tinubu after calling one witness.
The counsel for APM, Gideon Idiagbonya, had told the court on Monday that he needed just one day to open and close his case since he had only one witness.
The hearing of the party’s petition was stalled due to its inability to obtain a Supreme Court judgement on May 26.
The judgement had dismissed the Peoples Democratic Party’s suit which sought to nullify Tinubu’s election based on allegations of double nomination of Vice President Kashim Shettima.
At the resumed hearing on Wednesday, counsel for the petitioner (APM), however, called Aisha Abubakar who was its only witness.
Abubakar told the court that she is a politician and the Assistant Welfare Officer of the APM.
Under cross-examination, the witness told the court that she wasn’t privy to when the Independent National Electoral Commission (INEC) got the notice of substitution for Borno Central Senatorial District for the APC, adding that she was aware of the Supreme Court judgement delivered on May 26.
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The All Progressives Congress (APC), through its counsel, Wole Olanipekin, SAN, tendered a copy of the judgement in evidence.
Idiagbonya, however, objected to the admissibility of the document in evidence but reserved his reason for objecting to the admissibility of the judgement until the final address stage.
Olanipekun made the witness read part of the judgement highlighting the part where the apex court affirmed the judgement of the Court of Appeal that said both the president and vice president were qualified to contest the election.
She was also made to read the part where the Supreme Court described the case of PD) as a frivolous appeal.
She also admitted that Kabiru Masari did not contest the presidential election.
After the witness was discharged from the witness box, counsel to the petitioner told the court that he would be unable to close his case as he had said on Monday.
The lawyer said this was because INEC had yet to give him some documents he requested from them.
He was however reminded that he had said in open court that he needed just one day to open and close his case and that today was his “one day”.
After realising that some of the documents he had subpoenaed had been brought to court by an INEC official, Joan Arabs, a Deputy Director of Legal Drafting, he took the hint of the court and closed his case.
One of the documents was the original of the online form submitted by Shettima and another document was the original online form submitted by Lawan Shehu replacing Shettima as senatorial candidate in Borno State.
The counsel for INEC, Mr Kemi Pinhero, also closed his case after tendering the letter that Shettima wrote to his party which was sent to the electoral umpire withdrawing his candidature for the senatorial election.
All the respondents – President Tinubu, Shettima, APC, and Kabiru Masari – closed their cases against the APM.
The chairman of the Court, Justice Haruna Tsammani, ordered the respondents to file their addresses within 10 days.
The judge also asked the petitioner to file his reply within seven days and the respondents to file their reply on points of law within five days.
Justice Tsammani, therefore, adjourned proceedings until July 14 for parties to adopt their final written addresses.
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