Proceedings at the Edo State Governorship Election Petitions Tribunal sitting in Abuja have been stalled following the absence of the Independent National Electoral Commission (INEC) witnesses, to support its decision to declare Monday Okpebholo of the All Progressives Congress (APC) winner of the poll.
The commission was billed to open its defence after the petitioners closed their case but could not continue during the resumption of proceedings after its witnesses were absent.
At the resumed hearing on Wednesday, counsel to the commission, Abdullahi Aliyu, told the tribunal that the five witnesses listed were still on their way to Abuja from Benin City, Edo State.
However, Aliyu tendered three documents before the Justice Wilfred Kpochi-led three-member tribunal to show that the commission was interested in opening its case.
The documents tendered by the electoral body were the certified true copies of the collation of results at the state level (or Form EC8D), the declaration of results and the regulations and guidelines for the conduct of elections, in 2022.
The electoral umpire assured the tribunal that it would need only one day to conclude its case, particularly as it concerns the decision to announce Okpebholo as the winner.
Justice Kpochi faulted INEC’s approach to open its defence, saying that the whole day had been wasted by the commission for not presenting its witnesses who should have been alerted earlier before the day.
INEC’s counsel prayed the tribunal to grant the adjournment, saying it had been given a 10-day timeline for its defence, adding that it had sufficient time to open and close its case.
INEC is listed as the 1st respondent in the suit filed by the Peoples Democratic Party, (PDP) and its governorship candidate, Asue Ighodalo, challenging the outcome of the September 21, governorship election in Edo State.
On his part, counsel to Ighodalo, Adetunji Oyeyipo, did not object to INEC’s tendering of the document.
He said that they were the same documents the PDP already tendered to prove its case that the outcome of the Edo State governorship election was flawed.
The tribunal adjourned until Thursday for the commission to call its witnesses.
The PDP and its candidate approached the tribunal, praying it to invalidate the outcome of the governorship election on the grounds of alleged non-compliance with the Electoral Act, 2022.
They further contended that Okpebholo did not secure the highest number of majority votes cast in the election.
