The Edo State Governorship Election Petition Tribunal (EPT), yesterday adjourned hearing in the petition filed by candidate of the Peoples Democratic Party (PDP), Dr. Asue Ighodalo; and his party following delay in serving respondents the list of witness schedule.
During the resumption of sitting yesterday, when the petition was called, counsel to the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and All Progressives Congress (APC), Kanu Agabi, SAN, Onyeche Ikpeazu, SAN, and Emmanuel Ukala, SAN, in their oral applications objected to the petitioners’ quest to go ahead and field witnesses in the proceeding.
The three counsels informed the tribunal that counsel to the petitioners only served them the witness schedule list a few minutes before the commencement of proceedings, claiming that the development denied them the time to adequately prepare for the cross-examination of the proposed witnesses.
In his argument, Ukala said, “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 24 hours before witnesses are called 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 (10 minutes ) 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 these circumstances, we wish to say we will be ready to come back tomorrow.”
Aligning himself with the submissions of Ukala, counsel to INEC, Agabi, also posited: “We are in the same predicament my Lord. Our duty here is to assist Your Lordships to reach a fair decision which we cannot do under this circumstances.”
Counsel to the 2nd respondent, Ikpeazu also adopted the positions of Ukala and Agabi.
In their response, the petitioners counsel, Adetunji Oyeyipo, SAN, said the action to serve the respondents counsel with the list of witness schedule on Monday morning was occasioned by threat to their witnesses by the state APC Chairman.
He said, “My Lords, 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 Lords, the 3rd respondent state Chairman had made a broadcast on television and we have a clip 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.
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