The Edo State Governorship Election Petition Tribunal, convened in Abuja, affirmed the election of Governor Monday Okpebholo from the All Progressives Congress (APC) on Wednesday.
In a unanimous ruling delivered by a three-member panel, the tribunal stated it found no compelling reasons to overturn the results of the governorship election held in the state on September 21, 2024.
Justice Wilfred Kpochi, the tribunal’s chairman, announced the lead judgment, dismissing the petition from the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo, as lacking merit. The petition contested the validity of Governor Okpebholo’s election as the rightful winner of the gubernatorial race.
According to the Independent National Electoral Commission (INEC), Okpebholo of the APC garnered a total of 291,667 votes, defeating his closest competitor, Ighodalo of the PDP, who received 247,655 votes.
Dissatisfied with the official outcome, the PDP and Ighodalo approached the tribunal, alleging that the election had not been conducted in substantial compliance with the Electoral Act of 2022.
In their petition, referenced as EPT/ED/GOV/02/2024, they claimed that Governor Okpebholo did not actually receive the highest number of lawful votes cast in the election.
The petitioners also argued that INEC failed to properly serialise and pre-record certain sensitive materials used during the election, which they claimed facilitated electoral malpractice favoring the APC and its candidate.
Specifically, the PDP and Ighodalo alleged that results were inaccurately computed in 765 polling units across the state, providing 19 witnesses to support their claims and presenting various exhibits to the tribunal.
Among the evidence submitted were 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units. The petitioners contended that results from these units were manipulated at the collation centers, resulting in over-voting in favor of Okpebholo.
However, in its ruling on Wednesday, the tribunal held that the petitioners did not provide credible evidence to justify overturning the election results.
The tribunal emphasized that the responsibility to demonstrate that Governor Okpebholo was improperly declared the winner rested on the petitioners.
It reiterated a well-established legal principle that a petitioner must succeed based on the strength of their own case rather than the weaknesses of the defense.
The panel pointed out that the petitioners introduced new facts in their reply that were not included in their original case, which were subsequently rejected.
Nonetheless, the tribunal acknowledged the validity of documents submitted by the petitioners from the Bar and appreciated the detailed accounts of the wards and polling units where alleged irregularities occurred.
Nevertheless, the tribunal concluded that the PDP and its candidate presented exhibits without sufficient testimony from competent witnesses, as required by law, resulting in a detrimental impact on their case.
The tribunal noted that many witnesses provided hearsay evidence, emphasizing the absence of polling unit agents, presiding officers, or voters to substantiate the allegations.
It held that the provisions of section 137 of the Electoral Act did not exempt the petitioners from presenting necessary witnesses to support their claims.
Furthermore, the tribunal dismissed the petitioners’ assertion that INEC failed to pre-record certain materials used in the election, as outlined in section 73(2) of the Electoral Act.
Additionally, the tribunal noted that none of the BVAS machines presented were activated to demonstrate that the votes in the disputed polling units exceeded the number of accredited voters.
The tribunal concluded that essential items needed to demonstrate over-voting included the Voter Register, BVAS machines, and Form EC8A, noting that the petitioners had only submitted what they referred to as BVAS screenshots in support of their allegations.
Ultimately, the tribunal found that the petitioners failed to prove their claim that INEC did not adequately comply with the Electoral Act during the election.
Moreover, the tribunal asserted that even if the votes alleged to have been wrongfully credited to the APC were deducted, Governor Okpebholo would still be the winner of the gubernatorial election.
In response to the judgment, Ighodalo, through his legal team, pledged to appeal the decision in the Court of Appeal.