The proceedings of the Edo State election petition tribunal, involving the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, faced a significant setback on Monday. The delay was attributed to the petitioners’ failure to timely serve the respondents with the list of witnesses intended to support their case.
The PDP and Ighodalo are contesting the declaration of Monday Okpebholo of the All Progressives Congress (APC) as the winner of the recent governorship election, as announced by the Independent National Electoral Commission (INEC).
During the hearing, counsel for the respondents raised objections regarding the petitioners’ request to call witnesses. Kanu Agabi, SAN, Onyeachi Ikpeazu, SAN, and Emmanuel Ukala, SAN, representing the petitioners, informed the court that they received the witness schedule only minutes before the proceedings began. They argued that this last-minute notification hindered their ability to prepare adequately for cross-examinations.
Ukala stated, “In view of the tribunal’s directives on Saturday and the agreement reached by parties in the petition that witness schedules should be exchanged at least a day prior to the calling of witnesses, we expected that the schedule would be served on us yesterday (Sunday) through electronic or other means. However, we did not receive any list until about 9:50 am this morning.”
He emphasized that the late service of the witness list undermined the tribunal’s objective of ensuring no party is taken by surprise during the proceedings. “In that circumstance, it is our humble submission that the petitioners by their own choice rendered today’s proceedings impossible, and we wish to say we will be ready to come back tomorrow,” Ukala concluded.
Agabi, counsel for INEC, echoed Ukala’s sentiments, stating that the current circumstances obstructed their ability to assist the tribunal in reaching a fair decision. Ikpeazu, representing Governor Okpebholo, also supported the positions articulated by his colleagues.
The petitioners contended that the delay in serving the witness list stemmed from threats allegedly made against their witnesses by representatives of the APC. Adetunji Oyeyipo, SAN, argued that the late submission was not intended to stall the proceedings but was a response to the precarious situation they faced.
“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 in up to yesterday evening,” Oyeyipo explained. He cited a televised broadcast by the APC state chairman, who purportedly threatened to apprehend PDP witnesses appearing in court. “We sent this video to the counsel of the 3rd respondent and did not receive any assurance of safety or security from them,” he added.
The tribunal is expected to reconvene on Tuesday to address the issues raised and determine the next steps in the ongoing electoral dispute.
