INEC Shocks Ighodalo, PDP, Closes Case Without Calling Witness

 INEC Shocks Ighodalo, PDP, Closes Case Without Calling Witness

…ADP, ZLP, APM, AP, AA, Set to Withdraw to Stamp Okpebholo’s Victory

By Sebastine Ebhuomhan

Thursday, 6th February, 2025. Abuja. The Election Petitions Tribunal continued its hearing of the Edo State governorship election petitions on Thursday at the National Judicial Institute (NJI), Abuja, with the Independent National Electoral Commission (INEC) closing its defence in the petition: EPT/ED/GOV/02/2024, as promised, but without calling any witness for testimony, as expected.

Like a thunderbolt, the move by INEC that jolted the over 15 Senior Advocates of Nigeria (SAN) and more lawyers representing Dr. Asuerinme Akintunde Ighodalo and his platform, the People’s Democratic Party (PDP), confirmed the fears of Ighodalo, a lawyer too, who had fearfully walked out of the tribunal with sealed lips the previous day, Wednesday. The decision continued the reverberating surprises that have defined the tribunal hearings since its sitting began in Benin City in January.

The 1st and 2nd petitioners, Ighodalo and the PDP, had stormed the tribunal today taking over almost every other seats other than those reserved for counsels and amiscus cureas, highly expectant of who, how, and what the witnesses of INEC were going to say. But INEC had served an indication yesterday of the shock that awaits today with the adoption of the same documents the petitioners adopted in their pleadings. The electoral umpire knocked out the unwary petitioners on Thursday to the surprise of the bench and the shock of the bar when it announced that it was closing its case instead of filing its supposed witnesses, leaving the petitioners’ counsels helplessly flustered.

After the tribunal chairman, Justice Wilfred Kpochi opened the hearing, the 1st respondent, INEC, through its lead counsel, Kanu Agabi, SAN, said, “My Lord, after we left you yesterday, we gave it more thoughts and came to the sensible conclusion that we will be closing our case. The 1st respondent will be closing its case, which we are due to effect here now.”

Asked if the petitioners were opposing the move out of surprise or not, their lead counsel, Adetunji Oyeyipo, SAN, replied, “My Lord, frankly speaking, we are not surprised. We are not surprised because their decision is based on very good discretion. So, we are not objecting and we cannot object.”

As the comments, murmurings and dusts that were generated settled, Agabi, once again, had the last say. “My Lord, let me give it a passive thought that judging by the murmurings in the court, I am happy that it has been adopted.”

Justice Kpochi underlined the petitioners’ no objection, closed INEC’s defence and called on the 2nd respondent to open his defence.

What this action means from the point of law is that INEC, having studied the petitioners’ weak testimonies, has decided to rely on its documents in evidence: the same documents that the petitioners tendered but walked away from using to prove claims of electoral irregularities.

Responding, Oyinyechi Ikpeazu, SAN, lead counsel to Governor Monday Okpebholo, the 2nd respondent, pleaded for the tribunal’s understanding to prepare his witnesses for testimonies from Monday. Dr. Ikpeazu, who complained about the misrepresentation of facts of the tribunal by the petitioners’ bloggers and sympathetic journalists, insisted that it is the 2nd respondent’s right to prepare for his defence, which must not be misconstrued for an application for adjournment that the petitioners’ counsel was making it. He promised to close the defence before the end of the mandatory 10 days.

Ikpeazu said, “My Lord, we are applying for two days to enable us to open our case. We are being mindful of the people we are calling as witnesses because we were expecting the 1st respondent to close his case between today and tomorrow. We are mindful of the fact that we have 10 days. And we promise not to use the whole 10 days.”

With a half-hearted objection from Oyeyipo, who suggested Saturday, and no objection from Agabi and Emmanuel Ukala, SAN, lead counsel to the 3rd respondent, the All Progressives Congress (APC), Justice Kpochi adjourned the case between Ighodalo and Okpebholo to Monday for defence.

In a related development, it was reliably gathered that all the remaining political parties (with the exception of the PDP) have concluded to withdraw their petitions. The withdrawal would pave way for a judgment between Ighodalo and Okpebholo. The Social Democratic Party formally withdrew its petition on Tuesday. Specifically, the following parties: Action Democratic Party, Zenith Labour Party, Allied People’s Movement, Accord Party and Action Alliance have concluded to withdraw their petitions since they are unable to make progress or headway, owing to their witnesses’ poor, weak, inconsistent, contradictory and embarrassing testimonies.

Addressing the court before it closed on Thursday, Justice Kpochi announced a withdrawal letter signed by the ADP. He directed the respondents to “do the needful for record purpose by filing affidavits” to affirm that the petitioners were not forced or induced to withdraw.

Others have concluded to present similar withdrawal letters from Friday.

Mr. Sebastine EBHUOMHAN is an award-winning journalist and media consultant from Edo State. He can be reached on: usie007@yahoo.com and 08037204620.