We won’t call witnesses because Atiku’s witnesses supported our case, INEC’s lawyer tells tribunal

The Independent National Electoral Commission said on Monday
that it would not call any witness to defend its case in respect of
the petition filed by the Peoples Democratic Party and its
presidential candidate, Alhaji Atiku Abubakar.

Atiku and his party are by their petition challenging the
outcome of February 23, 2019 presidential election which INEC
declared was won by President Muhammadu Buhari and his All
Progressives Congress.

The petitioners had rested their case with 62 witnesses on July
19 after which the five-man tribunal led by Justice Mohammed Garba
adjourned further proceedings till Monday for INEC to open its
defence.

But when called upon by the tribunal to open his case on Monday,
INEC’s lawyer, Yunus Usman (SAN), said it would not be necessary on
the grounds that the evidence extracted from the petitioners’
witnesses during cross-examination was in support of the
commission’s case.

He said, “We have painstakingly reviewed the evidence of
petitioners’ witnesses.

“We have also painstakingly studied the petitioners’ evidence
under cross-examination, which supports our defence and our denial
in consonance with our pleadings.

“My lords, we do not see the need to waste your lordship’s
precious time by repeating what their witnesses have repeated under
cross-examination.

“In that circumstance, we will not call any witness to help them
prove their case.

“We, therefore, rely on the evidence of their witness under
cross-examination.”

Responding, Buhari’s lawyer, Chief Wole Olanipekun (SAN),
requested to be allowed to open his client’s case at 2:00 p.m. on
Tuesday.

APC’s lawyer, Lateef Fagbemi (SAN), said his decision on whether
or not to call witnesses would depend on the case to be presented
by Buhari’s legal team.

On his part, the petitioners’ lawyer, Dr. Livy Uzoukwu (SAN),
thanked INEC’s legal team for not calling witnesses.

“I profusely thank my brother and friend for deciding not to
call any witness,” he said.

The proceedings were adjourned till Tuesday for Buhari to open
his defence.‎

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