President Muhammad Buhari and his political party, the All Progressives Congress (APC), has filed a counter appeal against the appeal which was filed by Alhaji Atiku Abubakar at the Supreme Court on Monday, challenging the decision of the Presidential Election Petition Tribunal which dismissed his petition, hereby affirming Buhari’s victory as President.
The counter appeal which was filed by APC is asking the supreme court to strike out documents and evidence tendered by the Peoples Democratic Party (PDP) in its appeal.
The evidence sought to be struck out were provided by witnesses 40, 59 and 60 presented by the Atiku and PDP during proceedings at the court of appeal.
TheCable reports that in a counter-appeal dated September 24, the ruling party also prayed the Supreme Court to set aside the decision of the presidential election petitions tribunal to admit the aforementioned evidence and documents. Arguing through its counsel, Lateef Fagbemi, the APP stated that the tribunal erred when it admitted the documents tendered by PFagbemi described the act as a “miscarriage of justice and violation of the law”.
“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,” he said.
“Inadmissible documents/evidence cannot be admitted based on the overall interest of justice but of law.”
The appeal further prayed the supreme court for an order 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