THE ruling All Progressives Congress (APC) has asked the Supreme Court to expunge some documents tendered as evidence by the Peoples Democratic Party (PDP) from the petition against President Muhammadu Buhari’s election.
In a cross-appeal dated September 24, the ruling party requested cancellation of pieces of evidence provided by witnesses 40, 59 and 60 of the PDP during proceedings at the court.
APC’s lawyer Lateef Fagbemi argued that the tribunal erred when it admitted the documents tendered by PDP.
“The learned justices of the court of appeal erred in law when they failed to consider or properly consider the cross-appellant’s objection to the admissibility of the documents tendered by the petitioners/cross-respondents’ counsel from the bar,” Fagbemi said.
He described the admission of the pieces of evidence against Buhari at the tribunal as a “miscarriage of justice and violation of the law”.
“Inadmissible documents/evidence cannot be admitted based on the overall interest of justice but of law,” Fagbemi said.
The APC lawyer also asked the court to strike out paragraphs- 114-162, 163-167, 190, 195, 196, 197, 198, 201, 253, 254, 260, 261, 262, 264, 265, 289, 290, 291, 292, 293, 284, 295, 296, 297, 298, 299, 303, 309, 323, 324, 330, 332, 338, 339, 340, 341, 342, 345, 347, and 359 of PDP’s petition.
The presidential election tribunal Wednesday, September 11 dismissed PDP and Atiku’s petition in challenging the victory of Nigeria President Muhammadu Buhari at the 2019 presidential election.
The tribunal chairman Mohammed Garba said the petitioners failed to prove their petition beyond reasonable doubt and the petition “is hereby dismissed in its entirety.”
Atiku and the PDP were challenging the election result which Independent National Electoral Commission (INEC) declared Buhari winner.
The rejected the tribunal’s ruling and ‘pursue their mandate at the Supreme Court.