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Case adjourned to February 13 for further testimonies, special documents
By Sebastine Ebhuomhan
The All Progressives Congress (APC), the third respondent in the petition marked EPT/ED/GOV/02/2024, opened its defence on Wednesday at the Election Petitions Tribunal’s hearing on the Edo State governorship election petitions, held at the National Judicial Institute (NJI) in Abuja. The party called a total of four witnesses before the Justice Wilfred Kpochi-led three-member panel adjourned the hearing to Thursday for the continuation of the defence.
Dr Asuerinme Akintunde Ighodalo and the People’s Democratic Party (PDP) filed the petition and were represented by a team of lawyers led by Adetunji Oyeyipo, SAN, alongside Abiodun Owonikoko, SAN, Larry Selekowei, SAN, and others. Apart from the APC, the other respondents to the petitions include the Independent National Electoral Commission (INEC, the first respondent), represented by Kanu Agabi, SAN, A. M. Aliu, SAN, E. M. Inuwa, SAN, S. O. Ibrahim, SAN, and others. The governor of Edo State, Senator Monday Okpebholo (the second respondent), was represented by Dr Oyinyechi Ikpeazu, SAN, Chief Offiong E. Offiong, SAN, Festus Kayode, SAN, Ahmadu Umaru, and others.
Leading the APC’s defence, Emmanuel Ukala, SAN, was assisted by C. C. Denwigwe, SAN, Chief Ferdinand Orbih, SAN, Echezona Etiaba, SAN, Henry Bello, SAN, and others.
Witnesses called by APC
On Wednesday, the APC presented four witnesses:
Mr Theophilus Afuda, a 54-year-old businessman residing at No. 2, Okabere Road, Off Sapele Road, Benin City.
Mr Kamarudeen Coker Bello, another 54-year-old businessman living at Isiaka Bello Street, Igara, Akoko Edo Local Government Area.
Engr Gabriel Iduseri, a 46-year-old businessman residing at No. 5/7, Isekhere Street, Off Oba Market Road, Benin City.
Mr Frank David, a 58-year-old businessman from Esigie Street, Benin City.
Each witness recognised and adopted their respective statements made on oath.
Under the examination of Etiaba, Theophilus (RW2) adopted his statement and tendered his Permanent Voter’s Card and APC agent card as exhibits before giving an account of how the election was conducted in Esan North East Local Government Area last September. Under questioning from A. M. Aliu, Theophilus admitted that the word “BIVAS” was not used or written in Exhibit PDC 1 to 56 and Exhibit PJB, which verified Exhibit PDC 1 to 56. He also admitted that the result sheet from the local government was signed by a PDP agent.
Under the examination of Offiong, Theophilus confirmed that Part A of Exhibit PCB40, related to the ballot papers for Esan North East Local Government Area, contained proper serial numbers. He specifically identified the same complete serial numbers for PCB 41 to 48, particularly in relation to EC25B and EC40A. Under cross-examination by Owonikoko, who referenced the INEC-cancelled result of Unit 11, Ward 6, to challenge the defence, Theophilus maintained that his sworn statement refuted Ighodalo and PDP’s allegations of overvoting.
For RW3, Bello, who referenced Form EC8C for Akoko Edo Local Government Area in his deposition, a copy was presented in court to support his claim of a credible election. Under Owonikoko’s cross-examination, he stood by his statement in paragraph 8 that there was no schedule of tables in his deposition. He maintained that Exhibit PFA series contained the results recorded on the local government sheet and admitted that the result bore the INEC stamp. “So, it is a correct document,” Justice Kpochi’s record stated.
RW4, Iduseri, an APC agent for Oredo Local Government Area, affirmed under questioning by Owonikoko that he had no complaint about the election’s conduct, particularly as INEC had duly cancelled the result of Polling Unit 8, Ward 10, which was not included in the final collation. This debunked Ighodalo and PDP’s claim of incorrect result collation in the local government. When questioned about an alleged unsigned PFB series, which comprised INEC-certified copies of the result sheet, Iduseri emphatically responded, “I can see the signature of PDP and other parties’ agents.”
In his testimony, RW5, David, confirmed under respondents’ examinations that all party agents signed the result sheet for Owan West Local Government Area without objection after the election results were diligently collated.
Under cross-examination by Selekowei, who presented different result sheets marked PGA10 and PGB10, allegedly obtained from Unit 5 of Ward 6 in Owan West LGA, David clarified that the one retrieved from iRev was not the collated result. He noted that it was originally blank, filled in later without figures or data, and carried “dash, dash, dash,” unlike the agent copy he adopted.
After David’s testimony, Ukala informed the court that they were awaiting some special documents to be used by the next witness in defending the third respondent the following day. With no objections, Justice Kpochi adjourned the tribunal to Thursday for the continuation of the defence.
Presence of party leaders at the tribunal
The tribunal has continued to witness the presence of prominent leaders from both parties. Governor Monday Okpebholo’s Chief of Staff, Hon. Ganiu Audu, led a strong APC delegation, which included former Deputy Governor Dr Pius Odubu and Okpebholo’s Campaign Director-General, Senator Matthew Urhoghide. On the PDP side, Edo PDP Chairman Dr Anthony Aziegbemi led the party’s team, alongside Asuerinme Ighodalo’s Campaign Director-General, Hon. Matthew Iduoriyekemwen. However, former Governor Godwin Obaseki and his Chief of Staff, Hon. Monday Osaigbovo Iyoha—who also served as Ighodalo’s chief collation agent—have remained notably absent from the tribunal since its inception.