…Tribunal adjourns to 3rd March for adoption of written addresses
The All Progressives Congress (APC) closed its case on Thursday at the National Judicial Institute (NJI) in Abuja where the Election Petitions Tribunal is hearing Edo State governorship election petitions.
The closing of the case by the APC, the 3rd and last respondent in the petition marked: EPT/ED/GOV/02/2024, drew the curtain on weeks of intense legal combats following the earlier closing of the other parties’ cases: the 2nd respondent, Governor Monday Okpebholo; the 1st respondent, the Independent National Electoral Commission (INEC); as well as the petitioners, Asuerinme Akintunde Ighodalo and the People’s Democratic Party (PDP).
At Wednesday’s hearing, Adetunji Oyeyipo, SAN, led other legal luminaries that include: Ken Mozia, SAN, Rotimi Oguneso, SAN, Larry Selek Owei SAN, A. J. Ajibade, SAN, Oluwole Iyamu, SAN and others for the petitioners. Kanu Agabi, SAN, led other heavyweights like A. M. Aliu, SAN, Alhassan Umar, SAN, E. M. Inuwa, SAN, S. O. Ibrahim SAN and others for the 1st respondent.
Oyinyechi Ikpeazu, SAN, led other learned men like Chief Offiong E. Offiong, SAN, Martin Alewo Aguda, SAN, Ahmadu Umaru, SAN, David Ityoyinma, Mariam Lawal-Agabi for the 2nd respondent just as D. C. Denwigwe, SAN, led Chief Ferdinard Orbih, SAN, J. O. Asoluka, SAN, Echezona Etiaba, SAN, Henry Bello, SAN and others for the 3rd respondent in the absence of Emmanuel Ukala, SAN.
Contrary to the expectations of the full courthouse and reinforcing the surprise in past hearings, there was no fiery exchange between the legal combatants today as camaraderie, smile, laughter, banters and fun pervaded the atmosphere, with respondents’ counsels oozing the hope of a job well-done for unimpeachable legal defence of the resounding and overwhelming credible election victory of the governor of Edo State, Senator Monday Okpebholo.
“Yesterday, we promised that we will exchange our schedule of documents today in order to make for a seamless presentation of our witness testimony.
“My Lord, I am sorry to say the documents we were expecting did not arrive. However, we have done a further comprehensive review of the evidence led by the petitioners, the evidence received from the petitioners under cross-examination, the evidence led so far by the respondents in this tribunal, the documentary evidence before this tribunal… My Lord, we have also considered that time is of essence.
“The judicial time of this honourable tribunal is precious. My Lord, taking all the enumerated factors into serious consideration, we are happy at this stage to close the 3rd respondent’s case as it please Your Lordship,” Orbih stated in his lead statement.
In his response to the 3rd respondent’s application to close its case with poked fun, Oyeyipo responded with his own jabs to highlight the surprising abandonment of the 3rd respondent’s scheduled 28 witnesses after calling just four of the witnesses. “My learned counsel has just addressed the court. I’m actually not quite sure about the state of those documents. I can only say ‘he who fights and runs away, lives to fight another day’. So, we have no objection.”
With no objection from the other respondents, Orbih, who would not let the opportunity slip or slide, replied; “My Lord, I’m still on the point of fact. When they scheduled 99 witnesses and presented only 19, we didn’t accuse them of running away. They have no business with how we conduct our case. We remain here. We are not running away.”
With no objection, Justice Wilfred Kpochi closed the case of the 3rd respondent.
Furthermore, he stood his ground despite the pleadings of the respondents and the petitioners for more days to prepare their written addresses. He said after considering the application and arguments, the tribunal is of the view that a lot of time has already been spent. So, it was mindful of keeping to time as the Electoral Act spell out. He therefore acceded to 7 days for the respondents, five days for the petitioners and extra three days to file their final written addresses, which counting begins tomorrow.
Justice Kpochi adjourned the tribunal to Monday, 3rd March, 2025, for the adoption of written addresses.
