The All Progressives Congress (APC) on Tuesday filed a cross-appeal against the Peoples Democratic Party (PDP) and its presidential candidate in the 2019 general election, Atiku Abubakar, at the Supreme Court.
The ruling party in the cross-appeal asked the apex court to expunge documents and evidence tendered by the opposition PDP at the tribunal.
Evidence sought to be erased were provided by witnesses 40, 59 and 60 presented by the PDP during proceedings at the court of appeal.
The APC’s counsel, Lateef Fagbemi, had argued that the tribunal erred when it admitted the documents tendered by PDP.
Fagbemi described the act as a “miscarriage of justice and violation of the law”.
The ruling 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
The APC also asked the apex court to set aside the decision of the presidential election petitions tribunal to admit the aforementioned evidence and documents.
The development is coming after Atiku and the PDP filed their appeal at the apex court on Tuesday.
The appellants, in their notice of appeal, hold that the tribunal erred in its decision to dismiss its petition against the election of President Muhammadu Buhari.
Atiku and his party filed the appeal hinged on 10 grounds.
They alleged that the panel of the presidential election tribunal erred in law “when they relied on “overall interest of justice” to hold that the second Respondent’s (President Muhammadu Buhari) exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”
They also alleged among other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration.
On September 11, the presidential tribunal dismissed Abubakar’s petition challenging the victory of President Muhammadu Buhari at the polls and this prompted him to appeal.