The Edo State Governorship Election Petition Tribunal (EPT) adjourned its hearing on the petition filed by Dr. Asue Ighodalo, the candidate of the Peoples Democratic Party (PDP), regarding the conduct of the September 21, 2024, election.
The adjournment was made to Tuesday due to delays in the service of the petitioners’ list of witness schedules to the respondents.
When the petition was called, counsel for the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and representatives of the All Progressives Congress (APC)—Kanu Agabi, SAN, Onyeachi Ikpeazu, SAN, and Emmanuel Ukala, SAN—objected to the petitioners’ request to present witnesses in the proceedings.
The three counsels informed the court that they received the witness schedule list only a few minutes before the proceedings began, claiming that this left them insufficient time to prepare adequately for the cross-examination of the proposed witnesses.
“In view of the Tribunal directives on Saturday and agreement reached by parties in the petition that list of witness schedules should be exchanged by parties at least a day before witnesses are called for each day.
“We expected that the schedule should be served on us yesterday (Sunday) through electronically or other means but counsel to the petitioners failed to do so.
“We did not see any list till at about 9:50 am before the resumption of hearing this morning. Our understanding of the Tribunal’s earlier directives and the consensus reached by parties in the suit to assist Your Lordship that no party is taken by surprise
“This purpose is clearly defeated when a list of witnesses is served on a party few minutes before the commencement of the hearing.
“In that circumstance, it is our humble submission that the petitioners by their own choice rendered proceedings of today impossible and In these circumstances, we wish to say we will be ready to come back tomorrow”, Ukala submitted.
While aligning himself completely with the submission of Ukala, counsel to INEC, Agabi, posited that: “We are in the same predicament my Lord.
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“Our duty here is to assist Your Lordship to reach a fair decision which we cannot do under these circumstances”, this is even as counsel to the 2nd respondent, Ikpeazu also adopted the positions of Ukala and Agabi.
For the Petitioner’s counsel, Adetunji Oyeyipo, SAN, the action to serve the respondent’s counsel with the list of witness schedules on Monday morning was occasioned by an alleged threat to their witnesses by the state APC Chairman.
“My Lord, we did not deliberately delay the circulation of these witnesses we intend to call today. It was because of the situation we found ourselves up to yesterday (Sunday) evening.
“My Lord, the 3rd respondent state Chairman had made a broadcast on television and we have a tape of it where he threatened to apprehend our witnesses and supporters of PDP in the court premises.
“He specifically said that they (our witnesses) will be arrested today in court and dare them to show up today. We sent this video to counsel of the 3rd respondent and we did not even get assurance of safety or security from them.
“We urge the Tribunal to refuse their applications for adjournment and allow us to proceed with our witnesses, after all,they are just eight in number”, Oyeyipo deposited.
In his ruling, the Chairman of the Tribunal, Justice Wilfred Kpochi, supported the arguments made by the respondents’ counsel.
He adjourned the hearing to Tuesday, January 21, for the continuation of proceedings, stating that the respondents’ counsel needed additional time to prepare for the petitioners’ witness.
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