Edo Election Tribunal Adjourns Sitting Over Petitioners’ Delay Of Witness Schedule On Respondents
By Our REPORTER
The Edo State Governorship Election Petition Tribunal (EPT), today adjourned hearing in the petition filed by candidate of the Peoples Democratic Party (PDP), Dr. Asue Ighodalo, against the conduct of September 21, 2024 election, to tomorrow following delay in service of the petitioners’ list of witness schedule on the respondents
When the petition was called, counsel to the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and All Progressives Congress (APC), Kanu Agabi, SAN, Onyeachi Ikpeazu, SAN, and Emmanuel Ukala SAN, vide oral Applications objected to the petitioners’ quest to field witnesses in the proceeding
The trio counsel told the court that counsel to the petitioners only served them the witness schedule list few minutes to the commencement of proceedings, claiming that the development denied them the time to adequately prepare 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 schedule should be exchanged by parties at least a day before witness are call 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 witness is served on a party few minutes to the commencement of hearing.
“In that circumstance, it is our humble submission that the petitioners by their own choice rendered proceedings of today impossible and in this circumstances, we wish to say we will be ready to come back tomorrow”, Ukala submitted.
While aligned himself completely with the submission of Ukala, counsel to INEC, Agabi, posited that: “we are in the same predicament my Lord.
“Our duty here is to assist Your Lordship to reach a fair decision which we cannot do under this circumstances”, this is even as counsel to the 2nd respondent, Ikpeazu also adopted the positions of Ukala and Agabi.
For the Petitioners counsel, Adetunji Oyeyipo, SAN, the action to serve the respondents counsel with the list of witness schedule 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, upheld arguments of the respondents counsel and adjourned sitting to Tuesday, January 21, 2025 for continuation of hearing, adding that the respondents counsel needed time to prepare themselves for the petitioners’ witness.
