By Deborah Onyofufeke, Abuja.
The star witness, Senator Opeyemi Bamidele in President Bola Ahmed Tinubu’s defence in the petition filed by the Peoples Democratic Party, PDP, and its presidential candidate, Alhaji Atiku Abubakar, told the Presidential Election Petition Court, PEPC, yesterday, that Tinubu does not need to score 25 percent of votes cast in FCT to be declared winner of the 2023 presidential election.
The former Vice President and PDP are challenging the conduct and declaration of the president in the February 25 polls.
The Senate Majority Leader, Bamidele, who was called upon as the star witness in the defence, while being cross-examined by Eyitayo Jegede, SAN counsel to Atiku and PDP said that although Abuja is the Federal Capital of Nigeria it has no special status other than that.
When 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, and maintained that other state capitals such as Kano, Ibadan, Enugu, and others are also centers of unity.
He agreed with the petitioner’s counsel that President Tinubu scored 19.4 percent in total votes cast in 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, the witness said it does not matter.
APC’s lead counsel, Prince Lateef Fagbemi SAN, while questioning 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.
The witness added that Tinubu was not arraigned, indicted, or sentenced for any criminal charges by any American Court.
He also said civil forfeiture cannot take the place of criminal trial and conviction.
“As far as a criminal indictment is concerned, Bola Ahmed Tinubu has a clean bill of health because he was never indicted and convicted by any American Court’ Senator Bamidele said.
Answering another question, the Senate Majority Leader claimed to have known President Tinubu for more than 35 years as a bonafide Nigerian citizen by birth.
According to the witness, 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.
Under further cross-examination by counsel to APC, Prince Lateef Fagbemi SAN, the witness agreed that there cannot be a conviction without a charge, trial, indictment, and conviction.
The witness said by 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 President Tinubu’s sole witness, Chief Wole Olanipekun, SAN announced the closure of Tinubu’s defence, while Lateef Fagbemi, SAN announced for APC.
However, after reviewing the evidence of the witness and it was time for APC to open defence, 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”
Meanwhile, the Court has given the respondents 10 days to file their final written addresses, and the petitioner seven days to respond and five 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.
