Edo Election Tribunal: PDP Unable to Present Witnesses, Court Adjourns
By Correspondent
The Peoples Democratic Party, (PDP), and its candidate, Mr. Asue Ighodalo, were unable to present more witnesses today at the Edo State Governorship Election Petition Tribunal in Abuja, and this led to the adjournment of their petition.
The development Midwest Herald learnt, did not go down well with the justices hearing the petition filled to challenge the declaration of Senator Monday Okpebholo as the winner of the EDO State Governorship election conducted by the Independent National Electoral Commission (INEC).
At the resumed proceedings in the matter on Tuesday January 28, counsel to PDP and Ighodalo, Mr. Adetunji Oyeyipo, SAN, told the tribunal that most of their proposed witnesses, had suffered travel disruptions.
However, the petitioners called a witness who is said to be a ‘data expert’ and he relied on his forensic examination of original agent copies and CTCs of Forms EC8A, EC8B, EC8C EC8D, including IREV results, BVAS Accreditation reports and extracts to lead evidence of over voting in 75 Polling Units across 18 LGAs in Edo State.
He also stated that the 1st Respondent INEC did not record, in the prescribed forms, serial numbers and other particulars of result sheets, BVAS Machines and other sensitive electoral materials and their failure to make the prior recording in the prescribed forms renders the election in 320 polling units invalid for failure to comply with requirement of prior recording under the Electoral Act, 2022.
Under cross examination by Counsels to the first respondents, Kanu Agabi SAN, the witness declared that after subtracting the invalid votes from the valid votes, the petitioner, Ighodalo had the highest valid votes in September 21st Governorship election in Edo State.
Counsels to 2nd respondents (Okpebholo), Onyechi Ikpeazu SAN, also interrogated the witness, and he insisted that the case of non prior recording of serial numbers by INEC on forms EC25B was important and the failure by INEC affected 320 Polling Units which ought to be invalidated in accordance with the Electoral Act.
While pleading for time to present more witnesses, Oyeyipo said: “My lords, this is the reason we are unable to present them today. We urge your Lordships to give us another date.
“We undertake that on the next date, we will bring as many witnesses as may be convenient for the tribunal.
“We will also work assiduously to prime down our witnesses,” Oyeyipo, SAN, pleaded.
However, the Justice Wilfred Kpochi-led three-member tribunal quarried the petitioners, PDP and Asue for wasting the tribunal’s judicial time.
The tribunal subsequently asked all petitiiners to take new dates.
“What you are just telling us is not good at all! Why then did we ask the other petitioners to take dates? We should have heard them today,” Justice Kpochi aaked.
“In fact, call those your witnesses. Tell them to come, we are ready for them to come today,” Justice Kpochi added.
But counsel to the petitioners pleaded that the witnesses may not be in the right frame of mind to mount the dock after their travel difficulties.
“I appeal that we should be given a new date,” the petitioners’ counsel pleaded. Thereafter, the tribunal adjourned the case till Thursday.
