Edo Governorship Tribunal Postpones Hearing Over Witness List Controversy

The Edo State Governorship Election Petition Tribunal has postponed its hearing on the petition filed by the Peoples Democratic Party (PDP) candidate, Asue Ighodalo. The petition challenges the outcome of the September 21, 2024, gubernatorial election in Edo State. The tribunal adjourned proceedings from Monday to Tuesday due to delays in the distribution of the petitioners’ witness list to the respondents.

At the start of Monday’s session, lawyers representing the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and the All Progressives Congress (APC) expressed objections to the petitioners’ attempts to call witnesses. Senior lawyers Kanu Agabi, Onyeachi Ikpeazu, and Emmanuel Ukala argued that they received the list only minutes before the hearing, leaving them insufficient time to prepare for cross-examinations.

Ukala said, “In view of the Tribunal’s 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.

“We did not receive the list until about 9:50 a.m., just before the hearing resumed this morning. Our understanding of the Tribunal’s 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.

“In these circumstances, the petitioners, by their own actions, have made today’s proceedings impossible. We are ready to continue tomorrow.”

He further explained that the late delivery of the list undermined the fairness of the process. Agabi and Ikpeazu also supported this position, emphasizing the need for adequate time to ensure proper cross-examination and a fair trial.

On the other hand, the petitioners’ counsel, Adetunji Oyeyipo, defended the delay, citing alleged threats to their witnesses. According to him, a televised statement by the APC State Chairman threatened potential witnesses and PDP supporters, creating a climate of fear and contributing to the late submission of the list.

“My 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.

“He 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.

“We 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,” Oyeyipo submitted.

The Tribunal Chairman, Justice Wilfred Kpochi, ruled in favor of the respondents, stating that they required adequate preparation time. Consequently, the hearing was adjourned to Tuesday to ensure fair proceedings.

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