In a decisive ruling on Wednesday, the Edo State Governorship Election Petition Tribunal, sitting in Abuja, once again upheld the election of Governor Monday Okpebholo of the All Progressives Congress (APC). The tribunal, composed of three justices, unanimously ruled that there were no substantial grounds to annul the results of the September 21, 2024, governorship poll.
Justice Wilfred Kpochi, who delivered the lead judgment, dismissed the petition lodged by the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo, ruling that their claims lacked merit and failed to provide compelling evidence against Okpebholo’s victory.
The Independent National Electoral Commission (INEC) had officially declared Okpebholo as the winner, having secured 291,667 votes, surpassing his closest contender, Ighodalo of the PDP, who garnered 247,655 votes. Unhappy with the outcome, the PDP and its candidate challenged the result, arguing that the election process did not align with the stipulations of the Electoral Act of 2022.
Filing petition EPT/ED/GOV/02/2024, the opposition alleged that Okpebholo was not the rightful winner, claiming that INEC’s failure to properly serialize and pre-record sensitive election materials facilitated election malpractice in favor of the APC.
The petitioners further contended that discrepancies in vote computation occurred across 765 polling units, presenting 19 witnesses and submitting various exhibits, including 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units. They asserted that the results had been manipulated during collation, leading to an inflation of votes for Okpebholo.
Despite these claims, the tribunal ruled that the petitioners failed to substantiate their allegations with concrete evidence. It emphasized that the burden of proof lay solely on the petitioners, and they could not rely on any perceived weaknesses in the defense. The panel also struck out newly introduced claims that were not part of the original petition, deeming them inadmissible under Section 16(1) of the First Schedule to the Electoral Act.
While some of the petitioners’ documents were accepted as valid evidence, the tribunal noted that they did not properly demonstrate their claims through competent witnesses, as required by law.
Further analysis by the tribunal highlighted that most of the testimonies presented by the PDP and Ighodalo were based on hearsay. The absence of polling unit agents, presiding officers, or registered voters to corroborate claims of irregularities weakened their case significantly.
Additionally, the panel dismissed assertions that INEC had violated Section 73(2) of the Electoral Act by failing to pre-record essential election materials. It also pointed out that none of the BVAS machines submitted in evidence were powered on to prove over-voting, noting that screenshots of BVAS data were insufficient to support such claims.
“To effectively establish a case of over-voting, the petitioners needed to provide a combination of the Voters Register, BVAS machines, and Form EC8A,” the tribunal stated, adding that they failed to demonstrate that INEC did not adhere to electoral regulations.
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Following the tribunal’s verdict, Ighodalo and his legal team have resolved to escalate the case to the Court of Appeal, arguing that a thorough judicial review is essential for upholding electoral integrity. The outcome of this appeal could set a critical precedent for future elections in Edo State, shaping public confidence in the judiciary and the democratic process. As the legal battle continues, the state’s political landscape remains tense, with both parties closely watching the next phase of the legal proceedings.
