From Godwin Tsa, Abuja
The peoples Democratic Party(PDP) abd its candidate, Atiku Abubakar on Friday closed their case against President Bola Tinubu and the Independent National Electoral Commission (INEC) at the Presidential Election Petition Court (PEPC) after calling 27 witnesses in their efforts to establish the allegations contained in their joint petition.
The petitioners who tendered several electoral documents in evidence before the court, said they exhausted the days that were allocated for him to present his case against Tinubu.
Lead counsel to the petitioners who addressed the court, Chief Chris Uche (SAN) said: “My lords, at this point in time, may we humbly inform your lordships that this will be our last witness.”
Uche added: “Having exhausted the days allocated to us, pursuant to the pre-hearing report and Paragraph 46(5) of the First Schedule to the Electoral Act, 2022, we most humbly apply the formally close the case for the petitioners.”
On its part, the Independent National Electoral Commission, INEC, through its lawyer, Mr. Kemi Pinhero, SAN, told the court that all the parties earlier met and agreed to defer the opening of defence by the Respondents till after the impending Sallah celebration.
In his contribution, lead counsel to President Tinubu’s legal team, Chief Wole Olanipekun, SAN, who confirmed the development, pleaded with the court to allow the Respondents, starting with INEC, to open their defence to Atiku’s petition, from July 3.
“My lords, all of us took into consideration some salient factors, especially the fact that some of us will love to travel to celebrate with our families and loved ones.
“Moreover, there is likely to be a two days public holidays next week. We will therefore plead your lordships to adjourn the case till after the Sallah celebration.
“We also want to assure your lordships that on our part, we will not exceed the days allotted to us.We will start and close out case the same week,” Olanipekun, SAN, added.
Following a no objection stance by counsel to the Petitioners, the Justice Haruna Tsammani-led five-member panel, adjourned the case till July 3 for INEC to open its defence to the petition.
Before the adjournment, the petitioners had through one of their star witnesses, Mr. Mike Enahoro-Ebah tendered before the court, certified copies of academic qualifications of President Tinubu, which was admitted in evidence and marked as an exhibit.
Equally tendered was the NYSC discharge Certificate of President Bola Tinubu bearing the name “Tinubu Bola Adekunle” and Tinubu’s certificate of service from Mobil Nigeria Plc as well as particulars submitted to Independent National Electoral Commission when he ran as Lagos state governor.
In addition, the petitioners tendered through their 27th witness, a private legal practitioner, Mike Enahoro Ebah (PW27) to establish their allegation that President Bola Tinubu forged his academic, career and diplomatic records.
He equally tendered a subpoena that was served on the university through his lawyer in US, copy of the actual degree certificate issued by Chicago State University to Tinubu, his undergraduate certificate from the said university in 1977, and a South West College Transcript issued to Tinubu, where he was identified as a female.
The witness further tendered notarised judgement of the US District Court regarding Tinubu’s alleged forfeiture of funds traced to his bank account suspected to be proceeds of narcotic deals, as well as printed extract of Guinean passport of the president.
Other documents tendered by Ebah who was led in evidence by petitioner’s counsel, Chris Uche SAN, Ebah, were INEC Forms EC13 (nomination form) and EC9 (affidavit in support of personal particulars) filed by Tinubu at INEC.
He also tendered affidavit, receipts and a letter submitted to INEC by President Tinubu as part of his nomination documents.
However, counsel to the Commission, Abubakar Mahmoud raised objection to the documents but said he will give further reasons during his final address.
Similarly, counsel to Tinubu, Kashim Shettima and All Progressives Congress, aligned with the submissions of Mahmoud
Under cross-examination by INEC’s lawyer, Abubakar Mahmoud SAN, Enahoro said he was in Abuja during the February 25 presidential election and joined other Nigerians to vote.