The Independent National Electoral Commission (INEC) failed to present its witnesses before the Edo State Election Petition Tribunal in Abuja.
During the tribunal’s resumed sitting on Thursday, INEC did not provide any witness to defend its declaration of the All Progressives Congress (APC) and its candidate, Monday Okpebholo, as the winner of the September 21st governorship election in Edo State.
Representing INEC, a team of lawyers led by former Attorney-General of the Federation and Minister of Justice, Kanu Agabi (SAN), informed the tribunal that no witnesses would be called to testify on behalf of the Commission.
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This announcement came just a day after INEC had informed the Justice Wilfred Kpochi-led panel that it had lined up five witnesses to testify in support of the election results.
The Commission had even requested the tribunal to adjourn the case until Thursday, citing the need for the witnesses to travel from Benin, Edo State. However, at the resumed hearing, Agabi stated that after reviewing the case, the decision was made to forgo presenting witnesses.
“My lords, after we left you yesterday (Wednesday), we gave more thought to the matter and came to the conclusion that the sensible thing to do is to close the case of the 1st Respondent, which we hereby do,” Agabi told the tribunal.
The Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, stated that they were not surprised the development.
“Frankly speaking, we are not surprised and it is well within the right of the 1st Respondent to show such a good discretion. We are not objecting,” the petitioners’ counsel, Adetunji Oyeyipo, stated.
After INEC’s witnesses failed to appear and their case was closed, the legal representatives for Governor Okpebholo, Onyechi Ikpeazu and D. C. Dewigwe (representing the APC), expressed no objection to INEC’s decision and requested an adjournment to allow them time to gather their witnesses and present their case.
As a result, the panel postponed the matter until Monday, when Governor Okpebholo will begin his defense against the petition.
INEC had declared Okpebholo of the APC as the winner of the election with 291,667 votes, defeating his closest rival, Ighodalo of the PDP, who received 247,655 votes.
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