By Sebastine Ebhuomhan
Wednesday, 12th February, 2025. Abuja. The All Progressives Congress (APC), the 3rd respondent in the petition marked: EPT/ED/GOV/02/2024, opened its defence on Wednesday at the Election Petitions Tribunal’s hearing of the Edo State governorship election petitions holding at the National Judicial Institute (NJI) in Abuja, calling a total of four witnesses before the Justice Wilfred Kpochi-led three-member panel adjourned hearing to Thursday for the continuation of defence.
Dr. Asuerinme Akintunde Ighodalo and the People’s Democratic Party (PDP) filed the petition and they were represented by a team of lawyers led by Adetunji Oyeyipo, SAN; Abiodun Owonikoko, SAN, Larry Selekowei, SAN, and others. Apart from the APC, the other respondents to the petitions are the Independent National Electoral Commission (INEC, the 1st respondent), led by Kanu Agabi, SAN; A. M. Aliu, SAN, E. M. Inuwa, SAN, and S. O. Ibrahim, SAN, among others and the governor of Edo State, Senator Monday Okpebholo (the 2nd respondent) who was led by Dr. Oyinyechi Ikpeazu, SAN; Chief Offiong E. Offiong, SAN, Festus Kayode, SAN, Ahmadu Umaru among others, too.
Leading the APC, Emmanuel Ukala, SAN, was assisted by C. C. Denwigwe, SAN, Chief Ferdinand Orbih, SAN, Echezona Etiaba, SAN, Henry Bello, SAN and others.
On Wednesday, APC filed four witnesses. They are: Mr. Theophilus Afuda, a 54-year-old businessman and resident of No. 2, Okabere Road, Off Sapele Road in Benin City; Mr. Kamarudeen Coker Bello, another 54-year-old businessman living at Isiaka Bello Street in 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 in Benin City and Mr. Frank David, a 58-year-old businessman of Esigie Street in Benin City. They all recognised their respective statements made on oath and adopted the same, respectively.
Under the examination of Etiaba, Theophilus, RW2, adopted his statement, tendered his Permanent Voter’s Card and APC agent card for adoption as exhibits before he gave a credible account of how the election was conducted in Esan North East Local Government Area last September.
Under the examination of A. M. Aliu, Theophilus admitted that there was nowhere the word BIVAS was used or written in Exhibit PDC 1 to 56 and Exhibit PJB, the certificate verifying Exhibit PDC 1 to 56. He also admitted, finally, that the result sheet from the local government was signed by PDP agent.
Under the examination of Offiong, Theophilus also confirmed that Part A of Exhibit PCB40, which relates to the ballot papers for Esan North East Local Government Area, carried proper serial numbers. Particularly, he identified the same complete serial number for PCB 41 to 48, especially with relation to EC25B and EC40A.
Under the examination of Owonikoko, who had ingeniously resurrected the INEC-cancelled result of unit 11, ward 6, to make a spurious and unfounded case, Theophilus insisted that he stood by his statement on oath that debunked Ighodalo and PDP’s allegation 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 back his claim of credible election under the cross-examination of Owonikoko. He maintained his statement in paragraph 8 that there was no schedule of tables in the statement.
He insisted that Exhibit PFA series are the results entered into the local government sheet. He admitted that it is the result that has the stamp of INEC on it. “So, it is a correct document,” according to Justice Kpochie’s record.
As for RW 4, Iduseri, APC agent for Oredo Local Government Area, he stated with a bold admission under the examination of Owonikoko that he had no complaint on the conduct of the election especially as INEC had duly cancelled the result of polling unit 8, ward 10, which did not form part of the result that was collated, thereby debunking Ighodalo and PDP’s claim of incorrect collation of result in the local government.
Asked by Owonikoko about an alleged unsigned PFB series, that is, the INEC-certified copy of the result sheet, Iduseri replied emphatically, “I can see the signature of PDP and other parties’ agents.”
In his testimony, RW5, David, confirmed under respondents’ examinations that all the parties’ agents signed the result sheet of Owan West Local Government Area without any complaint after the diligently collated election results.
Under the examination of the petitioners represented by Selekowei, who showed the tribunal different result sheets marked PGA10 and PGB10, purportedly obtained from unit 5 of ward 6 in Owan West LGA, David clarified that the one the counsel obtained from iRev was not the collated result because it was originally blank, filled without any figure or data, carrying “dash, dash, dash,” unlike the agent copy he adopted.
After David’s testimony, Ukala informed the court that they were waiting for some special documents that will be relied upon by the next witness and be used to defend the 3rd respondent the following day, Thursday. Thereafter, without any objection, whatsoever, Justice Kpochi adjourned the tribunal to Thursday for the continuation of defence.
The tribunal has continued to showcase the powerful and influential presence of the leaders of both parties. While the Chief of Staff to Governor Monday Okpebholo, Hon. Ganiu Audu led the powerful team of APC local, state and national leaders to the tribunal with a former Deputy Governor, Dr. Pius Odubu and Okpebholo’s Campaign Director-General, Senator Matthew Urhoghide at the forefront, the PDP team led by Edo PDP Chairman, Dr. Anthony Aziegbemi enjoyed the influential presence of Asuerinme Ighodalo’s Campaign Director-General, Hon. Matthew Iduoriyekemwen, leaving the state leader, ex-Governor Godwin Obaseki and his Chief of Staff, who doubled as Ighodalo’s chief collation agent, Hon. Monday Osaigbovo Iyoha, being the remaining notable absentees from the tribunal since its inception.
