UPDATED: Tribunal dismisses PDP, Ighodalo’s petition, affirms Okpebholo as Edo governor

The Edo State Governorship Election Petition Tribunal sitting in Abuja on Wednesday, dismissed petitions filed by the Peoples Democratic Party (PDP), Action Alliance (AA) and Accord Party (AP) seeking to nullify the election of Senator Monday Okpebholo of the All Progressives Congress (APC) as Edo state governor.

In dismissing the petition by the PDP and its governorship candidate, Asue Ighodalo, the Tribunal affirmed Okpebholo’s election as Governor of Edo State.

The tribunal in a unanimous judgment held that the petitioners failed to prove their case of over-voting in 320 polling units across the 18 local government areas of the state where election was held.

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The Independent National Electoral Commission (INEC) had declared Okpebholo of the All Progressives Congress (APC) winner of the September 21 governorship election having scored the majority of the lawful votes cast at the poll.

Dissatisfied, the Peoples Democratic Party (PDP) and its governorship candidate, Asue Ighodalo had dragged the governor to the tribunal seeking to nullify the election on grounds of non-compliance with the electoral laws as well as over-voting.

However, delivering judgment in the petition, the three-member tribunal led by Justice Wilfred Kpochi, held that the petitioners failed to prove their claim of non-compliance.

Justice Kpochi who delivered the lead judgment observed that the claims of non-compliance was not proved because relevant witnesses were not called to give evidence of the alleged act of non-compliance.

In proving its claim of alleged over-voting, PDP and Ighodalo had called 19 witnesses including; collation agents and a research expert and tendered polling units results, collation results, the BVAS and other sensitive materials.

“Failure to call polling unit agents, ward agents or other registered voters that witnessed the alleged over-voting was germane to the case of the petitioners”, Justice Kpochi held.

Besides, the court further faulted the petitioners for not speaking to the documents, “since documents do not speak for themselves”, he said, “where no evidence is made, it is not the duty of the tribunal to scrutinize the documents for the petitioners.”

Explaining further, the tribunal held to prove allegations of over-voting, a petition must tender three valid documents which are; Voter’s Register, BVAS and the form EC8A (polling unit result).

“How do you prove over-voting if you don’t know the number of the registered voters?, the chairman asked and subsequently dismissed the claim of alleged non-compliance and over-voting made by the petitioners.

A.A and its governorship candidate, Dr. Bright Enabulele had, in their petition, challenged Okpebholo’s declaration as the winner of the September 21, 2024 Edo state Governorship Election on the ground of non compliance with the Electoral Act.

The petitioners had asked the Tribunal to nullify Governor Monday Okpebholo’s election.

The Tribunal noted that the petitioners alleged that the governorship election was invalid by reason of corrupt practices and non-compliance with provisions of the Electoral Act, but, however, failed to adduce any credible evidence to establish the allegation in their petition.

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 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 and held that it found merit in all the preliminary objections that were filed to challenge the competence of the petition.

The Tribunal subsequently , declined to nullify the election of Okpebholo’s election and equally refused to order the Independent National Electoral Commission, (INEC) to conduct a fresh governorship election in Edo state.

The tribunal held that the prayer, which was contained in a petition that was brought before it by the Accord Party (AP,) and its governorship candidate in the state, could not be granted as the petitioners failed to discharge the burden of proof placed on them by

It would be recalled that INEC declared Okpebholo as the winner of Edo state Governorship Election having secured the majority of the lawful votes cast at the election.

Dissatisfied with the result, AP and its candidate filed the petition, insisting that the election was marred with irregularities, which included multiple thumbprinting, violence, intimidation and harassment of voters, as well as alleged failure to use the Bimodal Voter Accreditation System (BVAS) machines in various polling units in the state.

The Justice Kochi-led panel held that the petition did not disclose any reasonable cause of action.

In the same vein, the Tribunal dismissed a petition filed by the Action Alliance (AA) and one Adekunle Rufai Omoaje for lacking in merit and being frivolous.

The Tribunal held that that Adekunle Rufai Omoaje who filed the joint petition has no locus standi (legal right) to file the case and added also that Omoaje did not participate in the governorship election and as such has no power to question the validity of the election.

The Tribunal also held that Omoaje’s grievance against the election was that he was not recognized as the National Chairman of the Action Alliance for the purpose of nominating a candidate for the election, and further held that his claims have no basis in the Electoral Act 2022.

Omoaje had, in the petition, asked the Tribunal to declare the declaration of Okpebholo and APC as winners of the election by INEC as illegal, unlawful, unconditional and null and void on non-compliance with the Electoral Act.

He also alleged corruption and that Okpebholo and his party did not win a majority of lawful votes in the election.

Omoaje also alleged that AA was not allowed to nominate a lawful governorship candidate for the election having not signed nomination form as the National Chairman of the party.

INEC had declared that Okpebholo of the APC won 291,667 votes to defeat his closest rival, Asue Ighodalo of the PDP, who polled 247,655 votes in the election.

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