THE Peoples Democratic Party (PDP) and second respondent in the petition of Chief O’tega Emerhor of All Progressive Congress (APC), challenging the election victory of the state governor, Dr. Ifeanyi Okowa, yesterday closed its defence.
The legal team while closing its defence, told the Delta State Governorship Election Petition Tribunal that the legal team of the PDP has adduced and elicited enough evidence from witnesses under cross-examination in opposition to the petition of APC and its gubernatorial candidate.
PDP also told the tribunal that though PDP did not call any witness to testify, they relied on all the evidences of all the witnesses who had given evidence under cross-examination as their position in the petition.
The lead counsel to PDP, Mr. Timothy Kehinde (SAN), stated this while addressing the three-man governorship tribunal headed by Justice Nasiru Gummi, sitting in Asaba after announcing the intention of PDP not to call witnesses.
According to Mr. Kehinde “the matter was adjourned to yesterday for PDP to open it defence, but on further consideration with the evidence elicited from the witnesses of the petitioner and the first respondent (Okowa), who had testified before the tribunal under cross-examination, that goes to support the case of the second respondent, we have decided not to call any witness”
“But, we shall be relying on the submissions of witnesses of the petitioners and the first respondent under cross-examination to defend our position in the case, therefore, it cannot be said that the second respondent did not call witnesses, because all the evidences of the witnesses who had so far testified are in line with our position on the matter and all constituted the evidence of PDP”
Reacting the objection of lead counsel to the petitioner, Chief Thompson Okpoko (SAN), that his submission amount ed to oral addresses that should be reserved for the day of address, Mr. Kehinde said “I am in-charge of the second respondent case, what I am doing, does not violates the law, rather, I am trying to guide the tribunal on the position of the second respondent, so that it will not be taken that PDP did not call any witness to defend its position”
“And moreover calling witnesses to come and say the same thing amount to wasting of the precious time of the tribunal, adding that justice must be done in line with provisions of the law”
After the tribunal ignored the objection of Chief Okpoko, Mr. Kehinde cited Eva Komolefe against Guardian to close his submissions in the argument in the case.
Immediately, Counsel to INEC, Mr. Nasir Nigari, said they expected PDP to call witnesses but with their position today, we should be given time to prepare our witnesses.
The three man tribunal after listening to all the parties adjourned hearing to Tuesday, September 22, 2015 for INEC for INEC to open defence.
Speaking to newsmen after the court session, counsel to the state governor, Mr. Ken Mozia said “we have done our best in opposition to the APC petition”
Asked whether he expect victory, Mr. Mozia answered thus “we are confident of our presentation before the tribunal, we are not here to concede victory”
Also, counsel to PDP, while speaking to newsmen said “we have elicited good evidence through the witnesses, we have no regrets, at the end of the day, the tribunal will do justice that will be acceptable to all parties, to me we are expecting good results”
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