Edo Gov’ship Poll: Tribunal Chides PDP Over Failure To Produce Witnesses

The Edo State Governorship Election Petition Tribunal has reprimanded the Peoples Democratic Party (PDP) and its candidate in the September 21, 2024 election, Asue Ighodalo, over their failure to produce witnesses to testify in the petition they filed to nullify the results of the election.

During Tuesday’s tribunal proceedings, Counsel to the PDP and Ighodalo, Mr. Adetunji Oyeyipo, SAN, explained that most of their proposed witnesses had suffered travel disruptions. He pleaded with the tribunal for another date, assuring that they would present as many witnesses as possible on the next occasion.

In response, Justice Wilfred Kpochi, who led the three-member tribunal, expressed dissatisfaction with the petitioners’ submissions, stating that they had wasted the tribunal’s time. Justice Kpochi pointed out that the tribunal had set aside dates for other petitioners who also challenged the governorship election outcome and questioned why the PDP petitioners had not been prepared.

“What you are just telling us is not good at all. Why then did we ask the other petitioners to take dates? We should have heard them today,” Justice Kpochi remarked. He added, “In fact, call those your witnesses. Tell them to come, we are ready for them to come today.”

Despite the tribunal’s frustration, the petitioners’ counsel requested more time, arguing that the witnesses may not be in the right frame of mind due to their travel difficulties. The tribunal then adjourned the case to Thursday.

Meanwhile, Mr. Oseyili Anenih, the witness who was discharged, told the tribunal that while there were 4,519 polling units in Edo State, the PDP was contesting results from approximately 765 polling units. Anenih, who served as the Director of Research and Strategy for the PDP, admitted that he could not personally visit all the polling units during the election, and that much of the evidence relied upon by the petitioners was based on reports from agents and experts.

He also testified that many of the copies of the results provided by party agents at the Situation Room were unsigned. However, Anenih maintained that if the lawful votes cast during the election were accurately collated, Ighodalo would have emerged victorious.

During cross-examination, Dr. Onyechi Ikpeazu, SAN, counsel to Governor Monday Okpebholo, questioned Anenih about the lack of access to the Bimodal Voter Accreditation System (BVAS) machines used during the election. Anenih confirmed they had received screenshots of the BVAS data, which they had tendered in evidence, and that they had subpoenaed the Independent National Electoral Commission (INEC) to produce the machines before the tribunal.

Further cross-examination by the APC’s counsel, Mr. Emmanuel Ukala, revealed that Anenih had not been trained by INEC for any role during the election. He admitted that no polling unit results were handed over to him personally by party agents, although some local government collation agents had brought their results directly to him because they were denied access to the State Collation Centre. He also noted that some of the election results were not legible and, while not all of them were stamped, the three stamped copies were considered significant, representing nearly 20% of the results.

The PDP and Ighodalo are seeking to invalidate the results of the September 21, 2024 governorship election, alleging non-compliance with the Electoral Act. They also argue that Governor Okpebholo of the APC did not secure the highest number of majority votes cast during the election.