The Edo State Governorship Election Petition Tribunal sitting in Abuja yesterday upheld the election of Governor Monday Okpebholo of the All Progressives Congress, APC.
The tribunal, in a unanimous decision by a three-member panel, said it found no reason to nullify the outcome of the governorship contest held in the state on September 21, 2024.
Chairman of the tribunal, Justice Wilfred Kpochi, who delivered the lead judgement, dismissed as lacking in merit, a petition the Peoples Democratic Party, PDP, and its candidate, Asuerinme Ighodalo, filed to challenge the declaration of governor Okpebholo as the valid winner of the gubernatorial poll.
The Independent National Electoral Commission, INEC, had declared that Okpebholo of the APC secured a total of 291,667 votes to defeat his closest rival, Ighodalo of the PDP, who got a total of 247,655 votes.
Dissatisfied with the result, the PDP and its candidate approached the tribunal, alleging that the election was not conducted in substantial compliance with provisions of the Electoral Act, 2022.
In the petition, marked EPT/ED/GOV/02/2024, it was alleged that Governor Okpebholo did not secure the highest number of lawful votes cast at the election.
It was equally the contention of the petitioners that INEC failed to serialise and pre-record some of the sensitive materials deployed for the poll, a situation they said aided rigging of the election in favour of the APC and its candidate.
Specifically, PDP and its candidate alleged that there was wrong computation of results in 765 polling units in the state, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.
Among exhibits petitioners tendered before the tribunal were a total of 153 Bimodal Voter Accreditation System, BVA, machines used in 133 polling units.
According to the petitioners, results from the polling units were manipulated at the collation centres, a situation they said resulted in over-voting, in Okpebholo’s favour.
However, in its judgement yesterday, the tribunal held that the petitioners failed to, by way of credible evidence, establish why the outcome of the election should be set-aside.
It held that the onus of proving that Governor Okpebholo was unduly returned by INEC, rested squarely on the petitioners.
The panel said it is trite law that a petitioner must succeed on the strength of his own case and not on the weakness of the defence.
It noted that contrary to Section 16(1) of the First Schedule to the Electoral Act, the petitioners, in their reply, introduced new facts not contained in their substantive case. The said new facts were rejected and struck out by the panel.
However, against the position of the Respondents, the panel admitted as valid, documents the petitioners tendered in evidence from the Bar. It also noted that the petitioners were very detailed in chronicling the wards and polling units where the alleged infractions took place.
Nevertheless, the tribunal held that the PDP and its candidate merely dumped exhibits before it without demonstrating them through competent witnesses as required by the law.
It held that most of the witnesses that testified for the petitioners gave hearsay evidence, stressing that failure to produce polling unit agents, presiding officers or voters that participated in the election, to testify, proved fatal to the case of the petitioners.
The tribunal held that section 137 of the Electoral Act did not preclude the petitioners from producing necessary and competent witnesses to testify in support of their case.
It further dismissed contention of the petitioners that contrary to the provision of section 73(2) of the Electoral Act, INEC failed to pre-record most of the materials deployed for the election.
More so, the tribunal held that none of the BVAS machines tendered before it was switched on to demonstrate that the number of votes recorded in the disputed polling units, exceeded the total number of accredited voters.
“It is clear that items needed to prove over-voting are Voters Register, BVAS machines and Form EC8A,” the tribunal held.
It noted that the petitioners merely tendered what they termed as BVAS screenshots in aid of their allegation.
It further held that the petitioners failed to prove their allegation that INEC did not substantially comply with provisions of the Electoral Act in the conduct of the election.
The tribunal held that even if it deducted the votes the petitioners alleged were unlawfully credited to the APC, Governor Okpebholo would still remain the winner of the gubernatorial contest.
Panel dismisses petitions by Action Alliance, Accord Party
Meanwhile, reacting to the judgement, Ighodalo, through his team of lawyers, vowed to challenge it at the Court of Appeal.
Earlier, the tribunal, in separate judgements, dismissed petitions by Action Alliance, and Accord Party, AP.
The panel held that the petition by AA lacked merit, stressing that it touched on pre-election issues which it lacked the requisite jurisdiction to entertain.
The AA and its chairman had among other things, alleged that INEC excluded its lawful candidate in the governorship election that held on September 21, 2024. They alleged that contrary to various court judgements, the electoral body accepted and recognised a candidate that was not validly nominated by the party.
According to the petitioners, INEC’s failure to publish the name of the rightful candidate of the party for the gubernatorial contest amounted to a substantial non-compliance to provisions of section 134(1) (b) of the Electoral Act.
They sought nullification of the election on the premise that Governor Okpebholo did not secure the majority of lawful votes cast during the election which they insisted was marred by corrupt practices.
On its part, the AP and its candidate, Dr. Enabulele, sought an order to compel INEC to conduct a fresh governorship poll in Edo state.
While striking out the petition for being incompetent, the panel noted that whereas the petitioners alleged that the governorship election was invalid by reason of corrupt practices and non-compliance with provisions of the Electoral Act, they, however, failed to adduce any credible evidence to establish the allegation.
According to the tribunal, while the petitioners made “general and sweeping allegations” against the outcome of the election, they failed to bring particulars of exact polling units or wards where the alleged widespread rigging and non-compliance occured.
Describing some of the averments in the petition as “vague”, the tribunal held that allegations against governor Okpebholo’s victory, were not substantiated. The Justice Kochi-led panel held that the petition did not disclose any reasonable cause of action and accordingly dismissed it.
Okpebholo extends olive branch to Ighodalo after tribunal victory
Reacting to the judgement last night, Governor Okpebholo extended an olive branch, which is an offer of reconciliation, to the candidate of Peoples Democratic Party, PDP, Asue Ighodalo, to join hands with him to develop the state.
In a statement by his Chief Press Secretary, Fred Itua, the governor said he had dedicated the victory to the people of Edo State for their confidence in him, having voted him as governor of the state.
The statement read: “The tribunal, after a thorough and impartial examination of the petitions brought forward by the opposition, has dismissed all claims, confirming that the election was conducted in substantial compliance with the Electoral Act and that Governor Monday Okpebholo was duly elected.
“This decision validates the overwhelming support demonstrated by the citizens and residents of Edo State during the election. It reaffirms the integrity of our democratic process and stands as a testament to the will of the people.
“Governor Monday Okpebholo wishes to express his profound gratitude to the tribunal for its diligence and fairness. He also extends his sincere appreciation to the people of Edo State for their unwavering support and belief in his vision for a prosperous and united state.
“This victory is not mine alone, but a victory for every citizen and resident of Edo State. It is a mandate to continue the work we have started, to build a state where everyone has the opportunity to thrive. We remain committed to our promise of good governance, transparency, and inclusive development.
“The governor calls upon all citizens, including the opposition and the candidate of Peoples Democratic Party, PDP, Asue Ighodalo, to join hands in the spirit of unity and work together for the progress of Edo State.
‘’It is time to put aside partisan differences and focus on the common goal of building a better future for our state.
“The administration of Governor Monday Okpebholo remains focused on delivering on its campaign promises and will not be distracted by frivolous litigation. The administration is committed to serving the people of Edo State with dedication and integrity.”
Why I’ll appeal against tribunal judgement— Ighodalo
Dissatisfied with the dismissal of his petition, the PDP candidate, Ighodalo, vowed to challenge it at the Court of Appeal.
In a statement he personally signed yesterday, Ighodalo, described as a travesty of justice the affirmation of Governor Okpebholo as the valid winner of the gubernatorial contest.
Vanguard
