The Governorship Election Petition Tribunal (EPT), sitting in Benin, Edo State, Thursday, adjourned the cross-examination of the Peoples Democratic Party’s (PDP) witness, Mr Oseyili Anenih, to January 28, 2025, at the instance of the respondent’s counsel.
Recall that the candidate of the PDP in the September 21 Guber election in Edo, Asue Ighodalo, dissatisfied with the Independent National Electoral Commission’s (INEC) declaration of Governor Monday Okpebholo of the All Progressives Congress (APC), approached the Tribunal to seek redress.
The PDP flagbearer, alongside his party, are the 1st and 2nd Petitioners in the Suit Marked EPT/ED/GOV/02/2024, while INEC, Okpebholo, and APC are 1st, 2nd and 3rd Respondents
Ighodalo is challenging the election victory of the Edo State Governor on the grounds that Okpebholo was not elected by the majority of the lawful votes cast in the election.
He also claimed that the election umpire, INEC, did not substantially comply with the provisions of the Electoral Act 2022 and the constitution in the conduct of the poll.
However, moving an oral application during the court proceedings on Friday, Lead Counsel to the 1st respondent in the petition, Kanu Agabi, SAN, prayed to the court for an adjournment to enable the respondents to have enough time to cross-examined the petitioners’ star witness
The application which was moved at about 4:20 pm was supported by the 2nd and 3rd respondents’ counsel, Dr. Onyeachi Ikpeazu, SAN and Emmanuel Ukala, SAN, who argued that the petitioners’ counsel spent over three hours in leading the witness in evidence.
The duo further submitted that for the interest of fairness and justice and considering the volume of documents referred to by the witness in his deposition,, the time remaining would not be enough as the tribunal was set to rise by 5:pm.
Opposing the respondents’ applications, Lead counsel to the Petitioners, Adetunji Oyeyipo, SAN, prayed the court to refuse the application on the ground that the documents referred to by the witness were not strange to the respondents.
He submitted that granting the respondents’ applications would amount to eating unto their time as the petitioners’ are bounded by time.
Justice Wilfred Kpochi led the 3-man Tribunal, however, refused the submission of the Oyeyipo and granted the request of course to the respondents.
Led in evidence earlier, the PDP star witness who is the son of party’s former Board of Trustees (BOT), told the court in his testimonies that there were over-voting in 101 polling units in the state which according to him substantially affected the outcome of the poll.
He alleged among others that the results INEC allocated to all the parties in Form EC8B were not predicated on Form EC8A, which is polling unit results sheets.
He tendered in court polling agents certified true copies of the original of Former EC8As in respect of an additional 101 polling units where he alleged over-voting took place during the election.
Also in paragraph 27 of his witness statement on oath, the star witness made reference to Form EC8Bs marked provisionally by the court as Exhibits PBA1- PBR10, in relation to CTCs of IREV copies of Form EC8As in support of his claim.
He further contended that there was over-voting in another 58 polling units during the election just as he claimed that there was no prior recording of polling results sheets and other sensitive electoral materials in 320 polling units prior to the conduct of the election.
Anenih in his testimonies informed the court that the results of 76 polling units in Oregbeni Ward 2 in Ikpoba-Okha Local Government Area were not collated by INEC, and tendered CTC copies of serial numbers of BIVAS, INEC Manual, Regulations and Guidelines used for the election.
He said he relied on INEC documents in arriving at his witness deposition on oath and prayed the court to grant his statement as evidence in the petitioners’ case.
Another prosecution witness who gave testimonies in court was Chibo Ade, who said he functioned as ward collation agent for the petitioners’.
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