Presidential poll: Atiku opens case Friday, to call 400 witnesses

Andrew Orolua, Abuja

The Presidential Election Petition Tribunal may ask Atiku Abubakar and Peoples Democratic Party (PDP) to open their case on Friday as it plans to conclude the pre -hearing session of the petition on Thursday.

Indication to this effect emerged on Monday as it fixed Wednesday for ruling on an application that may or not drag the pre- hearing further depending on its decision.

Chairman of the tribunal, Justice Mohammed Garba said on Monday that Wednesday ruling will determine whether the tribunal will ask the petitioners to open their case this week or not.

He was not specific on the request made by Chief Wole Olanipekun (SAN) for the petitioners to open their case on Thursday. Olanipekun wanted to know the specific date for the hearing proper to enable them prepare.

Meanwhile, the parties have agreed on the schedule and timing that will guide each of the parties during the hearing. The tribunal is expected on Wednesday to give its approval or modify it.

According to the schedule, the PDP will present its case in 10 days while the three respondents, the Independent National Electoral Commission (INEC), President Muhammadu Buhari and the All Progressive Congress (APC) will present their defence in six days each.

Evidence in- chief for ordinary witnesses is allotted five minutes each while cross -examination will take 10 minutes, the petitioner will be allowed 10 minutes to present star/ key/ expert witnesses while their cross -examination by respondents will take 20 minutes.

It was agreed that all agreed documents should be tendered from the bar while foundation is required for the tendering of contentious documents. However, objection to them will be presented in separate addresses.

Also, parties are required to list the documents they intend to tender and exchange them with other parties to the petition.

In respect of the final addresses, respondents shall file their addresses seven days after the close of evidence while petitioners have five days to present addresses, just as the reply on point of law is three days for the parties.

The parties also made a request for one hour break between the hours of 1pm and 2pm.

Further hearing has been adjourned to July 4.

Meanwhile, the PDP has insisted that it would call over 400 witnesses to prove its petition against the re-election of Buhari.

PDP lead counsel, Dr. Levi Uzoukwu (SAN), said however, that he hopes the time will permit them to call at least 300 witnesses in responding to a question posed to him by the tribunal Chairman, Justice Mohammed Garba.

He said that if they were able to present 300 witnesses before the close of time allowed for the petitioners to prove their case, they would review their position.

Dr. Uzoukwu (SAN) was responding to a question intended to help the tribunal arrange the time table for the hearing of the substantive application.

The counsel was asked by Justice Garba to disclose the number of witnesses they intend to call so that the court would decide on the duration of time to be allowed for each party to cross examine the witnesses.

“We have over 400 witnesses. But, if we are able to present up to 300 we will review our case,” Dr. Uzoukwu said.

According to paragraph 16 (3) of first schedule to the Electoral Act, a petitioner is only allowed a period of 14 days to present its case.