Okowa, PDP tackle APC, Emerhor over failure to give witness details

Hearing of the substantive petition brought by the All Progressive Congress (APC) and its defeated governorship candidate Olorogun O’tega Emerhor at the Delta state Election Petition Tribunal in Asaba was stalled Monday when defense lawyers challenged the plaintiffs to prove their locus to call seven witnesses without providing them with details of the witnesses they intend.  

Chairman of the three-man panel of tribunal, Justice Nasiru Gunmi had slated Monday, August 17, 2015 for commencement of substantive trial in the petition filed by the APC and Emerhor challenging the victory of Governor Ifeanyi Okowa at the polls.

The tribunal had subpoenaed seven witnesses to be called by APC and Emerhor’s counsels to support their claims in the petition at the tribunal.

At the resumed hearing of the matter Monday, Counsel to Governor Okowa, Peoples Democratic Party ( PDP) and  INEC, Dr. Alex Iziyon (SAN) and A.T Keyinde (SAN) respectively,  raised a preliminary objection through  motion -on- notice,    challenging   the locus standi of APC and Emerhor to call seven witnesses without availing them  the opportunity of knowing the details of the witnesses.

Iziyon argued that “We were ready to start the trial for this week, in respect of the seven witnesses they listed, suddenly we were confronted with subpoena for four witnesses for Thursday, before then they had applied for leave to call additional witnesses which the tribunal refused, we have raised objection to the four new witnesses they are proposing to call.

“Even the witness statements have not been served on us, so the issue is whether the witness summons was appropriate in the circumstance. That is what we have raised for consideration. 

 “We are ready to go on with the substantive trial once the information we are seeking about witness summons are made ready to us. Let us open the box and see what is in it”, Iziyon submitted.

It was at this point that Mr. Thompson Okpoko (SAN) counsel to APC and Emerhor sought leave of  the tribunal for extension of time  to enable him respond to the motions as filed by INEC and PDP counsels.

After listening to the arguments of all the counsels, Justice Gunmi adjourned till Thursday, August 20^th, 2015 for hearing of the motion from the respondents.