The hearing of the Peoples Democratic Party, PDP, and its candidate, Asue Ighodalo’s petitions by the Edo State election petition tribunal was on Monday stalled following the delay by the petitioners to serve the respondents the list of witnesses.
DAILY POST reports that PDP and its candidate, Ighodalo, are challenging the declaration of the All Progressives Congress, APC, and its candidate, Monday Okpebholo, the winner of the governorship election by the Independent National Electoral Commission, INEC.
During Monday’s hearing, counsel to the respondents in an oral application objected to the petitioners’ request to call witnesses to testify in support of their petitions.
The counsel to the petitioners – Kanu Agabi, SAN, Onyeachi Ikpeazu, SAN and Emmanuel Ukala, SAN – told the court that they were only served with the witness schedule lists few minutes to the commencement of the day’s proceedings.
They averred that the development denied them the time to adequately prepare for the cross examinations of the proposed witnesses.
“In view of the tribunal’s directives on Saturday and agreement reached by parties in the petition that list of witness schedules should be exchanged by parties at least a day before witnesses are called for each day.
“We expected that the schedule should be served on us yesterday (Sunday) through electronically or other means but counsel to the petitioners failed to do so.
“We did not see any list till at about 9:50 am before the resumption of hearing this morning. Our understanding of the Tribunal’s earlier directives and the consensus reached by parties in the suit to assist Your Lordship that no party is taken by surprise
“This purpose is clearly defeated when a list of witnesses is served at a party few minutes to the commencement of hearing.
“In that circumstance, it is our humble submission that the petitioners by their own choice rendered proceedings of today impossible and In these circumstances, we wish to say we will be ready to come back tomorrow,” Ukala said..
While aligning with the submission of Ukala, counsel to INEC, Agabi told the court that they are in the same predicament.
“Our duty here is to assist Your Lordship to reach a fair decision which we cannot do under these circumstances”, he added.
Counsel to Governor Okpebholo, 2nd respondent, Ikpeazu also adopted the positions of Ukala and Agabi.
Counsel to petitioners had averred that they were compelled to serve the respondents the list of witnesses schedule as a result of the alleged threat to their witnesses by the All Progressives Congress.
Adetunji Oyeyipo, SAN, opined that the serving of the witnesses list on the respondents was not deliberately to delay the proceedings but due to the situation they found themselves.
“My Lord, we did not deliberately delay the circulation of these witnesses we intend to call today. It was because of the situation we found ourselves up to yesterday (Sunday) evening.
“My Lord, the 3rd respondent state Chairman had made a broadcast on television and we have a tape of it where he threatened to apprehend our witnesses and supporters of PDP in the court premises.
“He specifically said that they (our witnesses) will be arrested today in court and dare them to show up today. We sent this video to the counsel of the 3rd respondent and we did not even get assurance of safety or security from them.
“We urge the Tribunal to refuse their applications for adjournment and allow us to proceed with our witnesses, after all,they are just eight in number,” he added.