The Independent National Electoral Commission (INEC), in a surprise move on Monday, failed to call any witness in the petition challenging the declaration of Muhammadu Buhari as winner of the February 23, 2019 presidential election.
Atiku Abubakar, the presidential candidate of the People’s Democratic Party and his party are challenging the declaration of Buhari as winner of the election on the ground that it was marred by irregularities.
At the resumed sitting at the Presidential Election Petition Tribunal on Monday, INEC said the petitioners were unable to prove their allegations of irregularities and favouritism in their petition hence needless of putting up a defence.
Atiku and PDP had on July 19 closed their case after they called 62 witnesses and tendered over 50,000 documentary and video evidence to substantiate their claims that the election was rigged in favour of President Buhari and the APC.
INEC lead lawyer, Yunus Usman (SAN) in a veil reference to non-presentation of witnesses informed the tribunal that the electoral body had no defence to the allegations of series of malpractices that allegedly characterised the elections. The counsel merely said that part of the evidence adduced by Atiku and PDP as the two leading petitioners will be used to make its case.
According to Usman, the electoral body is satisfied with the testimony of the petitioners’ witnesses under cross-examination, to the extent that the election was validly held.
Yunus said calling on witnesses would amount to helping the petitioners do their case.
“We cannot help them to do their case. All their witnesses confirmed our position about the conduct of the election,” Usman said.
INEC had on February 28 announced Buhari as winner of the poll having scored majority of the votes cast in the election.
But Atiku and his party alleged widespread rigging, violence and substantial non compliance with the Electoral Guidelines and have dragged the electoral umpire, President Buhari and his party, the All Progressives Congress (APC) before the tribunal, seeking nullification of the election.
The tribunal had also on that same July 19 adjourned to July 29 for INEC to open its defence on the allegations made by Atiku and PDP against the conduct of the February 23 presidential election.
Meanwhile, the tribunal had adjourned to Tuesday July 30 for President Buhari to open his defence.
Following INEC’s decision not to call witnesses, Buhari’s lead lawyer, Wole Olaipekun (SAN) informed the tribunal that they were prepared to go on with their own defence.



