The Independent National Electoral Commission has closed its case at the Edo State Governorship Election Petitions Tribunal sitting in Abuja.
The Peoples Democratic Party and its candidate, Asue Ighodalo dragged INEC, the All Progressives Congress and Governor Monday Okpebholo to the tribunal challenging the outcome of the September 21, 2024 election.
When the matter was called on Thursday, lead counsel to INEC, Kanu Agabi, told the Justice Wilfred Kpochi-led three member tribunal that after careful consideration, the commission had decided not to call any witness but to close its case.
The commission on Wednesday told the tribunal that it would call witnesses on Thursday because they were on their way from Benin City and had not arrived in Abuja.
The electoral umpire, however, tendered documents, including results of the election, a certified true copy (CTC) of the declaration of the results as well as a copy of INEC’s regulations and guidelines for the conduct of elections, 2022
Counsel to INEC, Abdullahi Aliyu, SAN, told the tribunal that his client planned to call five witnesses adding that he hoped to open and close his client’s case within five days rather than the 10 days earlier allocated to it.
However, at the resumed sitting of the tribunal on Thursday, Mr Agabi, said that his client would no longer call any witness.
HE said, “My lords, after we left you yesterday, we gave more thought to the matter and came to the conclusion that the sensible thing to do is to close the case of the first respondent, resting on what we did during the cross examination which we hereby do.”
Counsel to the PDP and Mr Ighodalo, Adetunji Oyeyipo, SAN, said he was not surprised that the commission had decided not to call any witnesses but rather to close its case.
He said, “We are not surprised and it is well within the rights of the 1st respondent to close using such a good discretion.”
He said that he was not opposing the decision.
Onyechi Ikpeazu, SAN, counsel to Governor Monday Okpebholo and his party, the All Progressives Congress and Donald Dewigwe, SAN, also did not oppose INEC’s decision to close its case.
Mr Ikpeazu, however, prayed the court for a date to enable him open his client’s case.
He said he assumed the commission, having said it would call five witnesses, would have used at least two days for its case so he did not mobilise his witnesses coming in from Benin City.
He said that he would not even take up to the 10 days allotted to him to open and close the case of his client.
Justice Kpochi subsequently adjourned the matter until February 10.
Addressing journalists after the proceedings, a PDP chieftain in Edo State, Ogbeide Ifaluyi-Isibor, said INEC could not defend Mr Okpebholo ‘s victory, adding that it was why it didn’t call witnesses.
Ifaluyi-Isibor, a former commissioner for digital economy, science and technology, said the commission could not get anyone to defend what was not true.
“The PDP won the election with lawful majority votes, as we have consistently maintained,” he said.
Also speaking, a former deputy governor of Edo, Phillip Shuaibu, argued that there was nothing unusual in INEC’s decision not to call any witness.
Mr Shuaibu said from his experience in election litigation, a party choose its strategy and since INEC felt it was of no use calling any witness that should not be taken to mean that it had no defence.
He said, “INEC has done what is expected of it to do, it declared results and tendered the results yesterday and that is all.”
Another APC chieftain, Orobosa Omo-Ojo, told journalists that INEC tendering documents from the bar without calling witnesses did not amount to dumping them on the court.
He said that there was no law that compelled INEC to call witnesses.
(NAN)
