Alex Enumah in Abuja
The All Progressives Congress (APC) on Thursday closed its defence in the petition challenging its victory at the September 21 governorship election in Edo State.
The closure, which came as a surprise, came a day after the APC, which is the third respondent in the petition filed by the Peoples Democratic Party (PDP) and its candidate, Mr Asue Ighodalo, had called in four witnesses, who gave evidence in respect of the governorship poll.
The three-member panel led by Justice Wilfred Kpochi had Wednesday adjourned trial to Thursday to enable the APC tender some documents which it claimed the remaining of its witnesses would rely on in giving their evidence.
The APC had told the court that it would be calling 28 witnesses in defending its victory at the September 21 governorship election in Edo State, but after calling four witnesses on Wednesday, it asked for an adjournment to Thursday, to enable it call its remaining witnesses, who would be relying on documents yet to be tendered before the tribunal.
When the matter came up Thursday, Chief Ferdinand Orbih (SAN), who argued the case of the third respondent, informed the court that the third respondent is still awaiting documents from Benin City, which its witnesses would use in their evidence.
He however announced that the third respondent would be closing its case because the plethora of documents tendered, the evidence of the petitioners during cross-examination by the respondents, as well as the evidence of the third respondent have done justice to their suit and as such makes it unnecessary to call further witnesses.
“Taking all the enumerated factors into consideration, we are happy at this stage to close the third respondent’s case, with the leave of my lordships,” Orbih submitted.
Since the petitioners did not object, Justice Kpochi, in a short ruling, granted the request and fixed March 3 for parties to adopt their final written addresses in the matter.
While the panel gave the respondents seven days to file and serve their defence, it ordered the petitioners to reply within five days of reception of the processes, adding that the respondents can reply to a point of law, within three days.
The Independent National Electoral Commission (INEC) had declared Okpebholo of the APC winner of the September 21 governorship election in Edo State, after securing a total of 291,667 votes to defeat his closet rivalry, Asue Ighodalo of the PDP, who polled a total of 247, 655 votes.
Aggrieved by the outcome of the poll, the PDP and its candidate approached the tribunal, praying it to nullify INEC’s declaration of APC and Okpebholo as winners of the contest.
The petitioners, among other things, contended that the governorship election was invalid by reason of alleged non-compliance with the 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.
While the petitioners called in 19 witnesses to prove that over-voting and wrong computation of votes actually occurred in over 700 polling units during the conduct of the Edo State governorship election in September last year, the electoral umpire which is the first respondent did not call any witness, besides tendering 153 of the Bimodal Verification Accreditation System (BVAS) used in 133 polling units where results are being disputed.
The second respondent, Senator Monday Okpebholo, on his part called only one witness, while the APC called four before closing their case.
