The Edo Governorship Election Petition Tribunal, on Wednesday, dismissed the petition filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, against the electoral victory of Senator Monday Okpebholo following the September 21, 2024, governorship election in Edo.
Justice Wilfred Kpochi of the Tribunal’s three-man panel passed its verdict in a unanimous judgement, stressing that the petitioners failed to prove its allegations of over voting and electoral non-compliance.
Recall that the PDP and Ighodalo had sued the Independent National Electoral Commission (INEC), the governor and others, for declaring Sen. Monday Okpebholo of the All Progressives Congress (APC) as winner of the poll, alleging that the election was marred by irregularities.
Okpebholo’s election victory
Nairametrics previously reported that Senator Monday Okpebholo and Dennis Idahosa were sworn in as the governor and deputy governor of Edo State on November 12, 2024.
- The INEC had, on September 2024, declared Monday Okpebholo the winner of the September 21, 2024, governorship election.
- The INEC Returning Officer for the election, Faruk Kuta, who announced his victory, stated that he polled 291,667 votes to defeat his closest political rival, Asue Ighodalo of the Peoples Democratic Party (PDP), who garnered 247,274 votes.
“That Monday Okpebholo of the APC, having satisfied all the requirements of the law and scored the majority of the lawful votes, is hereby declared the winner and is returned elected,” Mr. Kuta had declared.
Legal Dispute
Dissatisfied with the outcome of the poll, the PDP and its candidate approached the Tribunal for redress , insisting that the governor did not win with the majority of lawful votes cast.
- The PDP and its candidate urged the tribunal to nullify INEC’s declaration of the APC and Okpebholo as winners of the contest, citing alleged non-compliance with provisions of the Electoral Act, 2022, particularly in the area of vote count.
- The petitioners also subpoenaed INEC to produce the BVAS machines that were used in 133 polling units where election results are being disputed, according to NAN report.
- About 148 Bimodal Voter Accreditation System Machines (BVAS) that were used at the governorship poll were eventually admitted by the tribunal in evidence.
But the legal team of the APC and Okpebholo urged the tribunal to dismiss the petitions for being baseless and lacking in merit.
They argued that the petitioners had failed to substantiate the allegations of “invalid” poll in their petitions.
What the Tribunal Said
Ruling on the PDP and its candidate’s petition, Justice Wilfred Kpochi, held that it is the duty of a petitioner to prove its electoral malpractice allegations against INEC, and not the other way round.
- On the petitioners’ allegations that the number of votes cast were greater than the number of registered voters in disputed polling units, the judge agreed with the defendants that the petitioners failed to present polling unit agents and presiding officers to prove it.
- The judge said it was “clear to us that the documents tendered from the bar(by the petitioners) were dumped on the tribunal without any competent witness” to substantiate the claims of over-voting and electoral non-compliance.
“These witnesses( presented by the petitioners comprising Local Government agents and others) are total strangers,” the judge stressed.
“The failure of the petitioners( PDP and Ighodalo) in this case to call polling unit agents and registered voters is fatal to their case,” the judge said, highlighting that eyewitness accounts were required to prove electoral non-compliance.
- The judge also faulted the PDP for dumping the BVAS machines before the tribunal without calling competent witnesses to turn them on and demonstrate its claims of overvoting.
- Subsequently, the tribunal “dismissed the petitioner’s petition” for failing to prove its case against the governor’s election.
The Tribunal earlier dismissed and struck out the petitions filed by the Action Alliance (AA) and Accord Party against the Edo governorship poll for want of jurisdiction and for being vague.
