By Wandoo Sombo
The Independent National Electoral Commission (INEC) has closed its case at Abuja’s Edo Governorship Election Petition Tribunal.
The News Agency of Nigeria (NAN) reports that the Peoples Democratic Party (PDP) and its candidate, Mr Asue Ighodalo, dragged INEC, the All Progressives Congress (APC), and Gov. Monday Okpebholo to the tribunal to challenge the outcome of the September 21, 2024 election.
When the matter was called on Thursday, INEC’s lead counsel, Mr Kanu Agabi, told the Justice Wilfred Kpochi-led three-member tribunal that after careful consideration, the commission had decided not to call any witnesses but to close its case.
On Wednesday, the commission told the tribunal that it would call witnesses on Thursday because its witnesses were on their way from Benin City and had not arrived in Abuja.
The electoral umpire, however, tendered documents, including results of the election, a certified true copy (CTC) of the declaration of the results, as well as a copy of INEC’s regulations and guidelines for the conduct of elections, 2022
Counsel to INEC, Mr Abdullahi Aliyu, SAN, told the tribunal that his client planned to call five witnesses, adding that he hopes to open and close his client’s case within five days rather than the 10 days earlier allocated to it.
However, at yesterday’s resumed sitting of the tribunal, Agabi said that his client would no longer call any witnesses.
“My lords, after we left you yesterday, we gave more thought to the matter and concluded that the sensible thing to do is to close the case of the first respondent, resting on what we did during the cross-examination, which we hereby do.”
Counsel to the PDP and Ighodalo, Mr Adetunji Oyeyipo, SAN, said he was not surprised that the commission had decided not to call any witnesses but to close its case.
“We are not surprised, and it is well within the rights of the 1st respondent to close using such a good discretion.”
He said that he did not oppose the decision.
Mr Onyechi Ikpeazu, SAN, counsel to Governor Monday Okpebholo and his party, the All Progressives Congress (APC), and Mr Donald Dewigwe, SAN, also did not oppose INEC’s decision to close its case.
Ikpeazu, however, prayed to the court for a date to enable him to open his client’s case.
He said he assumed the commission, having said it would call five witnesses, would have used at least two days for its case, so he did not mobilise his witnesses coming in from Benin.
He said that he would not even take the 10 days allotted to him to open and close his client’s case.
Justice Kpochi subsequently adjourned the matter until February 10.
Addressing newsmen after the proceedings, a PDP chieftain in Edo, Mr Ogbeide Ifaluyi-Isibor, said INEC could not defend Okpebholo‘s victory, which is why it didn’t call witnesses.
Ifaluyi-Isibor, a former Commissioner for Digital Economy, Science, and Technology, said the commission could not get anyone to defend what was untrue.
“The PDP won the election with lawful majority votes, as we have consistently maintained,” he said.
Also speaking, the former Deputy Governor of Edo, Mr Phillip Shuaibu, argued that INEC’s decision not to call any witnesses was nothing unusual.
Shuaibu said that, from his experience in election litigation, a party chooses its strategy, and since INEC felt it was of no use calling any witness, that should not be taken to mean that it had no defence.
“INEC has done what is expected of it to do; it declared results and tendered the results yesterday, and that is all.”
Another APC chieftain, Mr Orobosa Omo-Ojo, told journalists that INEC tendering documents from the bar without calling witnesses did not amount to dumping them on the court.
He said that no law compelled INEC to call witnesses.
