Ogun 2023: INEC Closes Case, Fails to Call Witness

James Sowole in Abeokuta

The Independent National Electoral Commission (INEC) yesterday opened and closed its defence in the petition filed by the Ogun State governorship candidate of the Peoples Democratic Party (PDP), Ladi Adebutu, against the All Progressives Congress (APC), and its candidate, Governor Dapo Abiodun at the election petition tribunal in Abeokuta, the state capital.

The PDP and Adebutu in the petition marked: EPT/OG/GOV/03/2023 are challenging the victory of Abiodun based on alleged non-compliance with the Electoral Act.

In his petition, Adebutu alleged that elections were disrupted by thugs in over 99 polling units, disenfranchising over 40,000 voters from participating in the March 18 elections.

The petitioners, through their counsel, Chris Uche (SAN), had closed their case last Thursday after calling 94 witnesses and tendering over 200,000 documents in evidence.

The petitioners called voters and party agents from Sagamu, Ikenne, Remo North, Odogbolu, Ogun Waterside, Ijebu-Ode, Abeokuta South, Abeokuta North, Ado-Odo/Ota and other local government areas as witnesses to prove that there were disruptions in different polling units across the state.

They also summoned with a subpoena, two INEC ad-hoc staff, an official of the West African Examination Council (WAEC), a statistician, and a forensic expert to testify before the tribunal.

Adebutu also tendered in evidence-certified true copies of INEC electoral materials, result sheets, voter registers, printouts from the Bimodal Voters Accreditation (BVAS) machines, incident forms, video evidence, forensic reports, and others.

The court, last Thursday, adjourned till yesterday for INEC to open its defence against Adebutu’s allegations, being the first respondent in the petition.

However, when the tribunal resumed yesterday, INEC closed its case without calling any witnesses.

INEC counsel, Olumide Ogidan, told the tribunal that the first respondent would rest its case on that of the petitioners.

He said: “On behalf of the first respondent, we have examined the petition as well as the evidence so far.

“My lords, on this note, we will not be calling any witness, but we will rather rest our case on that of the petitioners,” Ogidan said while applying to close INEC’s case.

Uche, representing the petitioners, and Prof Taiwo Osipitan, who appeared for Abiodun and Tayo Oyetibo of the All Progressives Congress (APC), did not oppose INEC’s application to close its case without calling any witness.

“It is their case and they are entitled to defend it the way they deemed fit,” Adebutu’s counsel said.

Meanwhile, the tribunal adjourned the sitting till Friday to allow Abiodun to open his case.