The Edo State Governorship Election Petitions Tribunal, sitting in Abuja, has upheld the electoral victory of Senator Monday Okpebholo, dismissing the petition filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo.
The tribunal’s ruling on Wednesday solidifies Okpebholo’s position as the duly elected governor of Edo State.
Delivering the lead judgment, Chairman of the tribunal, Justice Wilfred Kpochi, declared that the three-member panel found no substantial grounds to nullify the governorship election conducted on September 21, 2024.
The tribunal ruled that the petitioners failed to provide sufficient evidence to warrant overturning the Independent National Electoral Commission’s (INEC) declaration of Okpebholo as the winner.
INEC had announced that Okpebholo, the candidate of the All Progressives Congress (APC), garnered 291,667 votes, defeating Ighodalo of the PDP, who secured 247,655 votes.
Dissatisfied with the outcome, the PDP and Ighodalo approached the tribunal, arguing that the election was marred by irregularities and was not conducted in substantial compliance with the Electoral Act, 2022.
In their petition marked EPT/ED/GOV/02/2024, the PDP and Ighodalo alleged that INEC failed to properly pre-record and serialize sensitive electoral materials, enabling manipulation in favor of the APC candidate.
They further claimed that incorrect computation of results in 765 polling units led to over-voting and electoral fraud.
The petitioners presented 19 witnesses and tendered various exhibits, including 153 Bimodal Voter Accreditation System (BVAS) machines from 133 polling units, in an attempt to substantiate their claims.
They contended that votes were manipulated at collation centers, distorting the final election outcome.
However, the tribunal ruled that the petitioners did not provide credible evidence to support their allegations. It emphasized that the burden of proof rested on the petitioners and that they failed to demonstrate how Okpebholo was unduly declared the winner.
The tribunal criticized the PDP’s case for relying on hearsay evidence, noting that many of the witnesses presented did not have firsthand knowledge of the alleged irregularities.
It stressed that the petitioners failed to call key witnesses, such as polling unit agents, presiding officers, or voters, to corroborate their claims.
Furthermore, the tribunal rejected new facts introduced by the petitioners in their reply, ruling that they were not contained in the original petition.
Despite opposition from the respondents, the tribunal admitted documents tendered by the petitioners but noted that merely submitting exhibits without properly demonstrating them through competent witnesses was insufficient under electoral jurisprudence.
“The petitioners merely dumped BVAS screenshots before the tribunal instead of proving over-voting by presenting the Voters Register, BVAS machines, and Form EC8A as required by law,” the panel ruled.
Okpebholo’s Victory Unshaken Despite Alleged Vote Manipulation
The tribunal further stated that even if it deducted the allegedly unlawful votes credited to the APC, Okpebholo would still emerge victorious.
It also dismissed claims that INEC failed to comply with Section 73(2) of the Electoral Act regarding pre-recording of electoral materials, stating that the petitioners did not convincingly prove this allegation.
The tribunal reaffirmed the principle that a petitioner must succeed based on the strength of their case rather than the weakness of the respondent’s defense. Ultimately, the panel found the PDP’s petition lacking in merit and dismissed it in its entirety.
Following the tribunal’s ruling, Ighodalo’s legal team vowed to challenge the judgment at the Court of Appeal.
His lawyers expressed dissatisfaction with the tribunal’s findings and maintained that the election was riddled with irregularities that should not be overlooked.
The decision of the appellate court will be closely watched as the legal battle over the Edo governorship election continues. Meanwhile, Governor Okpebholo remains at the helm, with the tribunal’s judgment solidifying his mandate as the duly elected leader of Edo State.
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