* As governor opens defence Monday
Alex Enumah in Abuja
The Independent National Electoral Commission (INEC) on Thursday closed its case defending the September 21 governorship election in Edo State without calling a single witness.
The electoral umpire had on Wednesday tendered documents relating to the election with a promise to call five of its witnesses in defence of its declaration of the All Progressives Congress’ (APC’s) candidate, Senator Monday Okpebholo, as winner of the September 21 governorship election in Edo State.
However, when the matter was called on Thursday, INEC through its lead counsel, Chief Kanu Agabi (SAN), informed the court that it has reviewed the case and think it would be sensible to close its defence.
“After we left you yesterday, we gave more thoughts to the matter and came to the conclusion that the sensible thing to do is to close the case of the first respondent, which we hereby do,” the senior lawyer said.
Agabi claimed that the first respondent did justice to the case during the cross-examination of witnesses of the petitioners.
Responding, Mr Adetunji Oyeyipo (SAN), who represented the petitioners — Peoples Democratic Party (PDP) and its candidate, Mr Asue Ighodalo — said he was not surprised by the action of the electoral umpire and as such would not be objecting to the closure of the case without calling witnesses as earlier promised.
Lawyers of Governor Okpebholo and APC did not also object to the closure of the first respondent’s case.
The chairman of the three-member election tribunal, Justice Wilfred Kpochi, in a short ruling held that: “The request is granted and the first respondent’s case is hereby closed.”
Meanwhile, the second respondent’s (Senator Monday Okpebholo) lawyer, Mr Onyechi Ikpeazu (SAN), prayed the court for a date in the coming week to enable him open his own defence, because he never envisaged that the first respondent would close its case on Thursday.
“I have not arranged for witnesses to be moved from Benin. A date next week would be okay,” he said, just as he promised not to use the entire 10 or five days allotted to the second respondent.
Reacting to the request, the petitioners’ lawyer pointed out that adjourning the matter till Monday next week would be too long and urged the court to adjourn to Saturday, for the opening of the defence of the second respondent.
However, INEC and APC did not oppose adjourning till Monday next week.
The panel subsequently fixed Monday February 10, for the governor to open his defence.
The tribunal had on Wednesday adjourned to Thursday to enable INEC call its witnesses in defence of the September 21 governorship election in Edo State.
At Wednesday’s proceedings, INEC had tendered documents which included Certified True copies of the collation of result at the state level (Form EC8D), the declaration of results and the regulations and guidelines for the conduct of elections, 2022.
Abdullahi Aliyu (SAN), who tendered the documents, however informed the tribunal that five of its witnesses were held up on their trip from Benin City and as such would be asking for a short adjournment, adding that the first respondent would use just one day to conclude its case.
However, at Thursday’s sitting, INEC announced that it would be closing its case and would not be calling any witness.
PDP and Ighodalo had in October dragged the electoral umpire to the election petition tribunal for declaring Senator Monday Okpebholo of the APC as winner of the Edo State governorship election.
According to INEC, Okpebholo secured a total of 291,667 votes to emerge winner, while Ighodalo came second with a total of 247,655 votes.
But, the petitioners disagreed with INEC alleging over-voting and wrong computation of results at the collation centres.
The petitioners, among other things, contended that the governorship election was invalid by reason of alleged non-compliance with provisions of the Electoral Act.
They equally argued in the petition marked: EPT/ED/GOV/02/2024, that governor Okpebholo of the APC did not secure the highest number of lawful votes that were cast at the election.
