The Edo State Governorship Election Petition Tribunal on Wednesday overruled an objection by respondents to stop subpoenaed witnesses from testifying before it, saying “subpoenaed witnesses are competent witnesses, especially when respondents are put on notice.”
The Peoples Deocratic Party (PDP) and its candidate in the September 28 governorship election, Pastor Osagie Ize-Iyamu, are challenging the declaration by the Independent National Election Commission (INEC) of Mr Godwin Obaseki of the All Progressives Congress (APC) as winner of the election.
The petitioners have named the INEC, Obaseki and the APC as first, second and third respondents respectively in the petition.
The tribunal had fixed Wednesday for ruling after counsel to INEC, Obaseki and APC, Mr Onyeachi Ikpeazor, Mr Ken Mozia (SAN) and Chief Adeniyi Akintola (SAN) respectively, on Monday, stated that subpoenaed witnesses cannot testify in the case because they were not among the over 1,000 witnesses frontloaded by the petitioners among other reasons.
However, in his ruling on Wednesday, chairman of the tribunal, Justice Ahmed Badamasi, said the testimony of a subpoenaed witness does not amount to a change of the pleadings of the petitioner, adding that the petitioners had during the pre-trial stated that they could call on subpoenaed witnesses at any time.
Justice Badamasi noted that calling on subpoenaed witnesses was not out of place and that the respondents did not raise any objection on January 27, 2017, when the petitioners hinted that subpoenaed witnesses could be called upon.
Meanwhile, the tribunal will on Thursday rule on an application by the petitioners for a recount of the ballot papers used in four local government areas, namely Etsako West, Etsako East, Egor and Akoko Edo.
The INEC had on Wednesday made available the ballot papers after the tribunal subpoenaed the electoral commission to bring them to the tribunal, but the respondents objected the tendering of the ballot papers as exhibits based on alleged improper mode of presentation.
Counsel to INEC, Onyinye Anumonye, who based his objection to the application for recounting on paragraph 47(1) of the Electoral Act and pages 218-219 of the Evidence Act got the support of counsel to Obaseki and that of the APC.
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