During the hearing, the Independent National Electoral Commission insisted that the Enugu State governorship election was free and fair.
At the resumed hearing at the governorship election petition tribunal in Enugu on Sunday, the candidate of the All Progressives Grand Alliance, Frank Nweke Jr., announced the withdrawal of his petition against the declared winner of the election, Governor Peter Mbah of the Peoples Democratic Party.
During the hearing, the Independent National Electoral Commission insisted that the Enugu State governorship election was free and fair.
Nweke, who came third in the governorship election with 17,983 votes as against Mbah’s 160,895 votes, announced the withdrawal of the petition before the tribunal through an oral application by his counsel, Prof R.A.C.E Achara.
Achara said it became imperative to withdraw the petition filed on April 11, 2023, in order to reduce the workload of the tribunal.
The tribunal consequently granted the wish and dismissed the petition accordingly.
Confirming the withdrawal, Mr Nweke Jr., who was a minister in the administration of former President Olusegun Obasanjo, said he decided to withdraw the petition against Mbah for personal reasons.
Meanwhile, INEC’s Resident Electoral Commissioner for Enugu State, Dr Chukwuemeka Chukwu, who was represented in court following the subpoena served on the Commission to produce specific BVAS machines used during the election in some isolated areas, told the tribunal during cross-examination that the election was free, fair, and credible.
The REC, who was represented by the Public Relations Officer of the Commission in Enugu, Victor Ezeokafor, also stated that the Commission submitted certified true copies of electoral documents requested by the Labour Party.
He said those that were not released were those they did not pray for.
The electoral body also brought some BVAS machines as ordered by the court.
Reminded that based on the last page of the subpoena - Exhibit 60, INEC was mandated to produce the BVAS machines in 15 polling units, he said: “According to the list in the subpoena, we were mandated to produce five BVAS, and I am here with the five BVAS.”
Asked if he had the BVAS for Owo and Ugbawka I Registration Areas of Nkanu East Local Government Area, the REC said INEC BVAS were marked by codes.
He added that the electoral body responds only to codes and not names.
Probed further, he explained: “It is because he (petitioners’ lawyer) did not call out any code numbers, the BVAS machines I have here, are the five code numbers contained in the subpoena."
The INEC spokesman in Enugu noted that the governorship election was free and fair.
The tribunal subsequently told the petitioners that the court could not grant their prayers in the case of BVAS machines not asked for.
Meanwhile, briefing journalists at the end of the sitting, the counsel for Governor Mbah and 2nd respondent, Alex Iziyon, a Senior Advocate of Nigerian (SAN), said, "What happened in court today is that the petitioners brought in their remaining witnesses and the court also asked INEC to bring some BVAS machines, which were brought and tendered.
"We also asked REC what transpired during the election and he confirmed that everything went well peacefully and things were in order.
"The five BVAS, which were indicated were brought, but they were over 4,000 BVAS machines in polling units in Enugu State and that was it and the Labour Party closed their case."
When asked about the position of the subpoena regarding Owo and Ugbawka in Nkanu East Local Government Area, he said the petitioner asked for only one polling unit, which was brought to the court.