The All Progressives Congress (APC) informed the Tribunal for the Presidential Election Petition that it would refrain from pursuing futile efforts as it chose not to present its defense in response to the petition filed by the People’s Democratic Party (PDP) and its presidential candidate, Abubakar Atiku. The APC, represented by its lead counsel, Prince Lateef Olasunkanmi Fagbemi SAN, stated that there was no need to defend against the separate petitions submitted by the Labour Party and the PDP.
After subjecting Senate Majority Leader Michael Opeyemi Bamidele, the key witness for President Bola Ahmed Tinubu, to intense questioning, Fagbemi concluded that there was no basis to open a defense in Atiku’s petition. During cross-examination, Bamidele, who is also a legal practitioner, acknowledged that Tinubu’s election could not be overturned solely on the grounds of forfeiting $460,000 through a court order in the United States of America (USA).
The witness clarified that Tinubu had never faced criminal charges, arraignment, or conviction in any American court, emphasizing that civil forfeiture cannot replace a criminal trial and conviction. Bamidele stated, “As far as criminal indictment is concerned, Bola Ahmed Tinubu has a clean bill of health because he was never indicted and convicted by any American Court.”
When the time came for the APC to present its defense, Fagbemi announced, “Having carefully reviewed the entire case and considered the evidence, we have decided not to call any witnesses. We do not intend to pursue futile efforts. Therefore, we hereby declare the closure of the case of the 3rd respondent.”
Earlier in the proceedings, the Senate Majority Leader had stated that President Bola Tinubu did not need to secure 25 percent of votes cast in the Federal Capital Territory (FCT) to be declared the winner of the February 25 election. He acknowledged that while Abuja is the Federal Capital of Nigeria, it holds no special status beyond that. When asked about the committee reports on the location of the FCT, the witness admitted that the FCT symbolizes unity but emphasized that other state capitals such as Kano, Ibadan, and Enugu also serve as centers of unity. The witness agreed with Atiku and PDP’s counsel that President Tinubu scored 19.4 percent of the total votes cast in the FCT.
Regarding the fact that Tinubu became the first President to be declared the winner without scoring 25 percent of the votes in the FCT and without winning his home state, the witness stated that it did not matter. He clarified that the judgment of the US court on the forfeiture of $460,000 mentioned Tinubu’s name but not as a criminal suspect, rather as part of civil proceedings, highlighting that it was civil forfeiture, not criminal forfeiture.
Under further cross-examination by the APC’s counsel, Prince Lateef Fagbemi SAN, the witness acknowledged that a conviction requires a charge, trial, indictment, and conviction. The witness also mentioned that the Federal High Court in Abuja, in a case brought by the Labour Party against INEC regarding the mode of collating election results, ruled that INEC had the freedom to use any collation method it deemed appropriate.
Following the testimony of President Tinubu’s sole witness, Chief Wole Olanipekun SAN announced the closure of Tinubu’s defense, while Lateef Fagbemi SAN made the announcement on behalf of the APC.
The Court granted the respondents 10 days to file their final written addresses, the petitioner 7 days to respond, and 5 days to reply on points of law. Presiding Justice of the Presidential Election