The All Progressives Congress, APC, on Thursday closed its defense in the petition challenging its victory in the September 21, 2024 governorship election in Edo State.
The closure came as a surprise, a day after the APC which is the 3rd respondent in the petition filed by the People’s Democratic Party, PDP, and its candidate, Mr Asue Ighodalo, called in four witnesses, who gave evidence in respect of the governorship polls.
It will be recalled that the three-member panel led by Justice Wilfred Kpochi had on Wednesday adjourned trial to Thursday to enable the APC tender some documents which it claimed the remaining of its witnesses would rely on in giving their evidence.
The APC had told the court that it would be calling 28 witnesses in defending its victory in the September 21, governorship election in Edo.
But after calling four witnesses on Wednesday, the APC asked for an adjournment to Thursday to enable it call its remaining witnesses, who it said would be relying on documents yet to be tendered before the tribunal.
When the matter came up on Thursday, APC counsel, Chief Ferdinand Orbih, SAN, informed the court that the party is still awaiting documents from Benin City, which its witnesses would use in their evidence.
He however announced that the APC would be closing its case because the plethora of documents tendered, the evidence of the petitioners during cross examination by the respondents as well as its evidence, have already done justice to its case and makes it unnecessary to call further witnesses.
“Taking all the enumerated factors into consideration, we are happy at this stage to close the 3rd respondent’s case, with the leave of my Lordships,” Orbih submitted.
Since the petitioners did not object, Justice Kpochi in a short ruling granted the request and fixed March 3 for parties to adopt their final written addresses in the matter.
While the panel gave the respondents seven days to file and serve their defense, it ordered the petitioners to reply within five days of reception of the processes, adding that the respondents can reply to a point of law, within three days.
INEC had declared Okpebholo of the APC winner of the September 21, 2024 governorship election in Edo State, after he secured a total of 291,667 votes to defeat his closest rival, Asue Ighodalo of the PDP, who polled a total of 247, 655 votes.
Aggrieved by the outcome of the poll, the PDP and its candidate approached the tribunal, praying it to nullify INEC’s declaration of the APC and Okpebholo as winners of the contest.
The petitioners, among other things, contended that the governorship election was invalid by reason of alleged non-compliance with provisions of the Electoral Act.
They equally argued in the petition marked EPT/ED/GOV/02/2024, that Okpebholo of the APC did not secure the highest number of lawful votes that were cast in the election.
While the petitioners had called in 19 witnesses to prove that over-voting and wrong computation of votes actually occurred in over 700 polling units during the conduct of the Edo State governorship election, INEC which is the 1st respondent did not call any witness besides tendering 153 of the Bimodal Verification Accreditation System (BVAS) used in 133 polling units were results are being disputed.
The second respondent, governor Monday Okpebholo, on his part called only one witness, while the APC called four before closing their case.
