The Ekiti State Governorship Election Petition Tribunal has expressed strong displeasure with the Action Alliance (AA) over what it described as the party’s repeated failure to produce witnesses in support of its petition challenging the outcome of the June 20, 2026 governorship election.
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Chairman of the three-member tribunal, Justice Abubakar Kutigi, voiced the panel’s concern on Friday after counsel representing the AA again failed to present any witness despite an earlier undertaking to do so.
It was the third consecutive occasion on which the party had failed to make its witnesses available to testify before the tribunal.
The development occurred after the Social Democratic Party (SDP) presented six witnesses who testified concerning the conduct of the election in polling units and wards where they said they served as party and collation agents.
The SDP witnesses were led in evidence by counsel to the party, Ebenezer Akinbuli, and were subsequently cross-examined by counsel to the Independent National Electoral Commission (INEC), Tunde Salako, and counsel to Governor Biodun Oyebanji, Adetunji Oso, SAN.
The tribunal is hearing petitions arising from the June 20 governorship election in which INEC declared Oyebanji of the All Progressives Congress winner with 319,224 votes. The AA candidate polled 126 votes, while the SDP candidate recorded 179 votes. The AA and SDP petitions remained among the challenges before the three-member panel chaired by Justice Kutigi.
After the SDP concluded the presentation of its six witnesses for the day and its matter was adjourned, Justice Kutigi called on Akinbuli, who also represents the AA, to proceed with the AA petition by presenting the witnesses he had earlier promised to bring.
Akinbuli, however, sought another adjournment, telling the tribunal that he needed more time to look for witnesses.
The request drew a sharp response from the tribunal chairman, who questioned why the party was still searching for witnesses months after instituting its election petition.
“If you are not interested in this case, you, these people (AA), should just close your case. If at this stage you have not made up your mind on what you want to do, we can’t just keep adjourning every time, and you know that this is an election petition,” Justice Kutigi said.
The tribunal chairman stressed the special time-sensitive nature of election petitions and expressed concern that repeated adjournments could prevent the case from progressing as required.
“We find this strange and we are not here to play. How does it sound for you to stand before us saying you will be looking for witnesses, after how many months? When was this case filed? Why not pursue this case? You are the counsel, try and take charge of this matter,” he added.
Akinbuli apologised to the panel and asked for one final opportunity to produce the AA witnesses.
He assured the tribunal that he would “do the needful on the next day of adjournment.”
Counsel to INEC, Salako, and Oyebanji’s counsel, Oso, SAN, did not oppose the request for another adjournment, allowing the AA one more opportunity to call witnesses in support of its petition.
Justice Kutigi consequently adjourned the AA petition until Monday, September 28, 2026, for continuation of hearing.
The latest warning followed a series of delays that have affected proceedings before the tribunal.
Earlier in September, the tribunal had dealt with security concerns raised by Akinbuli in connection with the SDP petition. He had sought the relocation of the tribunal from Ado-Ekiti following an alleged assault and concerns about the safety of witnesses. The President of the Court of Appeal, Justice Monica Dongban-Mensem, subsequently declined to transfer the sitting, with the tribunal continuing proceedings in Ado-Ekiti.
Proceedings resumed thereafter, with the SDP eventually presenting witnesses. On September 24, six SDP witnesses were called and cross-examined, while disagreement persisted between counsel over the earlier request to relocate the tribunal.
The tribunal’s latest concern, however, relates specifically to the AA petition and the party’s repeated inability to present witnesses.
Justice Kutigi’s comments indicate that the panel is unwilling to permit indefinite adjournments and expects the AA to proceed with its case when the tribunal reconvenes on September 28.
The tribunal has not determined the merits of the AA petition or the separate SDP challenge. Oyebanji’s declaration as winner by INEC remains the subject of the pending proceedings.
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