Again, Edo Election Tribunal adjourn abruptly as Ighodalo, PDP witnesses failed to attend

By Sebastine Ebhuomhan

The Election Petitions Tribunal adjudicating the 2024 Edo State Governorship Election Petitions resumed at 10.00am today at its new venue, the National Judicial Institute (NJI), Abuja. But hardly had the business of the day reached anticipated fiery exchanges when the tribunal halted abruptly and adjourned.

A visibly unhappy Tribunal Chairman, Justice Wilfred Kpochi, and fellow-members Justices K. B. Yusuf and A. A. Adewole, adjourned proceedings to Thursday, 30th January, 2025 for continuation of hearing after the major petitioners, the People’s Democratic Party (PDP) and its candidate in the election, Akintunde Asuerinme Ighodalo, could not produce any available witness from its scheduled lists of prosecution witnesses submitted before now.

Justice Kpochi had called on the petitioners’ lead counsel, Rotimi Ogunesho, SAN, to introduce the next set of witnesses immediately the cross-examination of PW12 by Kanu Agabi, SAN; Oyinyechi Ikpeazu, SAN; and Emmanuel Ukala, SAN, the lead counsels of the three respondents: the Independent National Electoral Commission (INEC), 1st respondent; Governor Monday Okpebholo, 2nd respondent; and the All Progressives Congress (APC), 3rd respondent, concluded. To the utter shock and consternation of the over-filled small courthouse, the petitioners could not call on any witness, rather appealing, instead for the understanding of the respondents and her Lordships, who, thereafter, sympathetically and gracefully adjourned the hearing for two days so as to allow the PDP and Ighodalo to shop for willing witnesses after listening to their latest excuse.

“Our witnesses are not available. The reason is that the witnesses that we would have presented today suffered travel disruptions. We most humbly crave My Lordship’s indulgence for another date where we will undertake as many witnesses as the tribunal can take. I can also assure My Lord that we will work assiduously to bring our witnesses so as to ensure a speedy hearing. I apologise to the tribunal,” Mr Ogunesho remorsefully pleaded to the murmuring of the whole tribunal.

“This case is hereby adjourned to the 30th of January for a continuation of hearing,” Justice Kpochi announced conclusively for the court to rise.

Justice Kpochi’s unhappiness is more understandable when considered against the fact that he had earlier rescheduled the hearing of another petitioner, the Action Democratic Party, without any prior knowledge that Ighodalo and the PDP were unable to produce any new witness for the day.

This would mark the second time in two consecutive weeks that the main petitioners, Ighodalo and the PDP, were unable to furnish the tribunal with their listed schedule of names of witnesses, thereby forcing an adjournment of the hearing.

Earlier in the day, the cross-examination of the petitioners’ twelfth prosecution witness (or PW12) concluded with more exposition of the witness’s inconsistent and contradicting testimony. A son of the late PDP fixer, Chief Anthony Anenih, Mr. Oseyile Anenih’s testimony and claims in the petition, which relied heavily on unofficial, unsubstantiated and unreliable data and documents seriously questions the admissibility and reliability of those documents and his claims of over-voting, manipulation and diverse infractions, ultimately weakening his star-witness testimony with his reference to Forms EC25E, EC40A, EC40B, and EC40D.

For example, it became clear through the meticulous cross-examination by the respondents’ counsels that the witness, who was neither an INEC accredited agent nor a party agent in the election but a mere research officer for the candidate and the PDP, obtained most of his data, documents and claims from unofficial and unauthoritative third parties with relationship to the 765 polling units (16.70 per cent) that he challenged out of the entire 4,519 polling units in Edo State.

Particularly, the witness did not state the scores of the other 16 political parties that contested along with the APC and the PDP; although he claimed to have obtained his materials and date from ‘experts’, but it turned out that the materials were sourced from mere WhatsApp platforms of his candidate; he disclosed that he relied on mere written oral reports of about 320 polling units where he was not present during the election; he admitted that his deposition was just his personal observation of the result sheets; and finally contradicted himself by saying in paragraph 69 that majority of the votes cast were lawful after also saying in paragraph 29 that the election was invalid by various reasons.


Mr. Sebastine EBHUOMHAN is an award-winning journalist and media consultant from Edo State. He can be reached on: usie007@yahoo.com and 08037204620.