(SINL NIGERIA) The Independent National Electoral Commission (INEC), on Thursday, failed to call witness in support of its case in the petition by the Peoples Democratic Party (PDP) and its candidate in the Sept. 21, 2024 governorship election in Edo, Asue Ighodalo.
INEC’s lawyer and former Attorney-General of the Federation (AGF) and Minister of Justice, Kanu Agabi, SAN, told the Edo State Governorship Election Petition Tribunal sitting in Abuja that his client did not intend to call witness.
The PDP and Ighodalo are challenging the outcome of the governorship poll in which INEC declared the All Progressives Congress (APC)’s candidate, Monday Okpebholo, as winner of the election.
INEC had, on Wednesday, pledged to commence calling witnesses from Thursday after tendering 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.
INEC’s lawyer, who appeared on Wednesday, Abdullahi Aliyu, SAN, had told the tribunal that his client planned to call five scheduled witnesses within five days as against the 10 days earlier allocated to it.
Aliyu said most of the witnesses would be coming from Benin in Edo to testify before the tribunal.
However, at the resumed sitting on Thursday, Agabi said the commission would not be calling witness.
“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 first respondent, which we hereby do.”
Lawyer to the PDP and Ighodalo, Adetunji Oyeyipo, SAN, said he was not surprised about INEC’s decision not to call witnesses.
Oyeyipo said: “Frankly speaking, we are not surprised and it is well within the right of the first respondent to show such a good discretion. We are not objecting.”
Lawyers to Gov. Okpebholo and APC, Onyechi Ikpeazu, SAN, and Donald Dewigwe, SAN, said they were not oppose to INEC’s decision.
Ikpeazu subsequently requested the court to allow his client open his case on Monday, a request the tribunal acceded to and adjourned till Monday.
Assessing Thursday’s proceedings, a PDP chieftain and former ex-Commissioner for Digital Economy, Science and Technology in Edo State, Ogbeide Ifaluyi-Isibor, said INEC not calling witnesses means they could not defend the victory of Okpebholo.
Ifaluyi-Isibor argued that INEC could not afford to call any witness because they knew they cannot fine anybody to defend what is not true.
He added: “The PDP won the election with lawful majority votes, as we have consistently maintained.”
Meanwhile, APC chieftain and former Deputy Governor of Edo State, Phillip Shuaibu argued that there was nothing unusual in INEC’s decision not to call any witness.
Shuaibu said from his experience in election litigation, a party chooses his strategy and since INEC felt it was of no use calling any witness, that should not be construed to imply that it has no defence.
“INEC has done what I expected it to do. It declared results and tendered the results yesterday. And that is all,” he said.
