The Edo State Governorship Election Petition Tribunal on Monday adjourned proceedings to Tuesday following a delay in serving respondents with the petitionersโ witness schedule.
The petition, filed by the Peoples Democratic Party (PDP) candidate, Asue Ighodalo, contests the outcome of the September 21, 2024, governorship election.
During the proceedings, counsel for the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and the All Progressives Congress (APC) objected to the petitionersโ attempt to present witnesses.
The respondentsโ legal team, represented by Kanu Agabi, Onyeachi Ikpeazu, and Emmanuel Ukala, argued that the witness schedule was delivered to them only minutes before the hearing.
Ukala said, โIn view of the Tribunalโs directives on Saturday and the agreement reached by all parties that the witness schedule list should be exchanged at least a day before witnesses are called, we expected the schedule to be served on Sunday through electronic or other means. However, this was not done.
โWe did not receive the list until about 9:50 a.m., just before the hearing resumed this morning. Our understanding of the Tribunalโs directives and the consensus reached by the parties is that no party should be taken by surprise. This purpose is clearly defeated when the witness list is served mere minutes before proceedings begin.
โIn these circumstances, the petitioners, by their own actions, have made todayโs proceedings impossible. We are ready to continue tomorrow.โ
Aligning with Ukalaโs position, Agabi stated, โWe are in the same predicament, my Lord. Our duty is to assist Your Lordship in reaching a fair decision, but we cannot do so under these circumstances.โ Ikpeazu also adopted the same stance.
In defence, counsel for the petitioners, Adetunji Oyeyipo, explained that the delay in serving the respondents was caused by alleged threats to their witnesses.
โMy Lord, we did not deliberately delay the circulation of the witness list. The situation we found ourselves in up to Sunday evening necessitated the delay. The state APC Chairman made a broadcast on television, which we have on tape, where he threatened to apprehend our witnesses and PDP supporters within the court premises.
โHe specifically said they would be arrested if they showed up today. We sent this video to counsel for the 3rd respondent but received no assurance of safety or security for our witnesses.
โWe urge the Tribunal to reject their application for adjournment and allow us to proceed with our witnesses. After all, they are only eight in number,โ Oyeyipo submitted.
In his ruling, Tribunal Chairman Justice Wilfred Kpochi upheld the respondentsโ arguments, stating that they needed adequate time to prepare for cross-examination.
The hearing was adjourned to Tuesday.