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Tribunal adjourns to 3rd March for adoption of written addresses
By Sebastine Ebhuomhan
The All Progressives Congress (APC) closed its case on Wednesday at the National Judicial Institute (NJI) in Abuja, where the Election Petitions Tribunal is hearing Edo State governorship election petitions.
The closure of the case by the APC, the 3rd and last respondent in the petition marked: EPT/ED/GOV/02/2024, concluded weeks of intense legal combat following the earlier closure of the other parties’ cases: the 2nd respondent, Governor Monday Okpebholo; the 1st respondent, the Independent National Electoral Commission (INEC); as well as the petitioners, Asuerinme Akintunde Ighodalo and the People’s Democratic Party (PDP).
At Wednesday’s hearing, Adetunji Oyeyipo, SAN, led other legal luminaries, including Ken Mozia, SAN, Rotimi Oguneso, SAN, Larry Selek Owei SAN, A. J. Ajibade, SAN, and Oluwole Iyamu, SAN, for the petitioners. Kanu Agabi, SAN, led other heavyweights such as A. M. Aliu, SAN, Alhassan Umar, SAN, E. M. Inuwa, SAN, S. O. Ibrahim SAN, and others for the 1st respondent. Oyinyechi Ikpeazu, SAN, led other learned men like Chief Offiong E. Offiong, SAN, Martin Alewo Aguda, SAN, Ahmadu Umaru, SAN, David Ityoyinma, Mariam Lawal-Agabi for the 2nd respondent, while D. C. Denwigwe, SAN, led Chief Ferdinard Orbih, SAN, J. O. Asoluka, SAN, Echezona Etiaba, SAN, Henry Bello, SAN, and others for the 3rd respondent, in the absence of Emmanuel Ukala, SAN.
Contrary to expectations in the full courthouse and reinforcing the surprise of previous hearings, there was no fiery exchange between the legal combatants today. Instead, camaraderie, smiles, laughter, banter, and fun pervaded the atmosphere, with respondents’ counsels exuding the hope of a job well done for the unimpeachable legal defence of the resounding and overwhelming credible election victory of the governor of Edo State, Senator Monday Okpebholo.
“Yesterday, we promised that we would exchange our schedule of documents today to ensure a seamless presentation of our witness testimony. My Lord, I regret to say the documents we were expecting did not arrive. However, we have done a further comprehensive review of the evidence led by the petitioners, the evidence received from the petitioners under cross-examination, the evidence led so far by the respondents in this tribunal, and the documentary evidence before this tribunal… My Lord, we have also considered that time is of the essence. The judicial time of this honourable tribunal is precious. My Lord, taking all the enumerated factors into serious consideration, we are happy at this stage to close the 3rd respondent’s case, as it pleases Your Lordship,” Orbih stated in his lead statement.
In response to the 3rd respondent’s application to close its case, Oyeyipo responded with his own jabs to highlight the surprising abandonment of the 3rd respondent’s scheduled 28 witnesses after calling just four. “My learned counsel has just addressed the court. I’m not entirely sure about the state of those documents. I can only say, ‘he who fights and runs away lives to fight another day.’ Therefore, we have no objection.”
With no objection from the other respondents, Orbih, who would not let the opportunity slip, replied, “My Lord, I’m still on the point of fact. When they scheduled 99 witnesses and presented only 19, we didn’t accuse them of running away. They have no business with how we conduct our case. We remain here. We are not running away.”
With no objection, Justice Wilfred Kpochi closed the case of the 3rd respondent.
Furthermore, he stood firm despite the pleadings from both the respondents and petitioners for more days to prepare their written addresses. After considering the application and arguments, the tribunal concluded that a lot of time had already been spent and was mindful of keeping to the timeline outlined by the Electoral Act. He therefore granted seven days for the respondents, five days for the petitioners, and an additional three days to file their final written addresses, with counting beginning tomorrow.
Justice Kpochi adjourned the tribunal to Monday, March 3, for the adoption of written addresses.