In a surprising turn of events, the Independent National Electoral Commission (INEC) has failed to present witnesses before the Edo State Election Petition Tribunal in Abuja, abruptly closing its defence in the ongoing legal battle over the September 21 governorship election.
At the tribunal’s resumed sitting on Thursday, INEC, which had earlier assured the panel of fielding five witnesses to defend its declaration of All Progressives Congress (APC) candidate Monday Okpebholo as the winner, made a dramatic U-turn.
Led by former Attorney-General of the Federation and Minister of Justice, Kanu Agabi (SAN), INEC’s legal team informed the Justice Wilfred Kpochi-led panel that it had reconsidered its position and opted not to present any witness.
Just a day before, INEC had confidently requested an adjournment to Thursday, insisting that its witnesses, who were expected to arrive from Benin, Edo State, would provide testimonies to justify the election results. However, when proceedings resumed, Agabi stunned the tribunal with an unexpected announcement.
“My lords, after we left you yesterday, we gave more thought to the matter and came to the conclusion that the sensible thing to do is to close the case of the 1st Respondent, which we hereby do,” he declared.
Reacting to the sudden withdrawal, the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, said they were not taken aback by INEC’s decision.
“Frankly speaking, we are not surprised, and it is well within the right of the 1st Respondent to exercise such discretion. We are not objecting,” said Adetunji Oyeyipo, counsel to the petitioners.
Following INEC’s decision, counsels representing Governor Okpebholo and the APC—Onyechi Ikpeazu (SAN) and D. C. Dewigwe (SAN)—did not oppose the move but sought an adjournment to prepare their witnesses for the next stage of the proceedings.
Granting their request, the tribunal adjourned the matter to Monday, allowing Governor Okpebholo and the APC to open their defence.
INEC had declared Okpebholo the winner of the keenly contested election with 291,667 votes, defeating PDP’s Ighodalo, who secured 247,655 votes.
With INEC unexpectedly bowing out of the witness stand, the spotlight now shifts to Okpebholo and the APC as they prepare to mount their defence against the petition challenging their victory.