Edo Gov Tribunal: Ighodalo heads to Appeal Court as Wike hails Okpebholo on victory
Following the declaration by the Edo State Governorship Election Petition Tribunal upholding the election of Governor Monday Okpebholo of the All Progressives Congress (APC) as the dully elected Governor, candidate of the Peoples Democratic Party (PDP), Asue Ighodalo, has vowed to challenge the ruling at the Court of Appeal.
This is as Okpebholo urged the opposition to join hands with him to develop the state.
The tribunal, in a unanimous decision by a three-member panel, said it found no reason to nullify the outcome of the governorship contest held in the state on September 21, 2024.
Chairman of the tribunal, Justice Wilfred Kpochi, who delivered the lead judgment, dismissed as lacking in merit a petition the PDP and its candidate, Ighodalo, filed to challenge the declaration of Okpebholo as the valid winner of the gubernatorial poll.
The Independent National Electoral Commission (INEC) had declared that Okpebholo of the APC secured a total of 291,667 votes to defeat his closest rival, Ighodalo of the PDP, who got 247,655 votes.
READ ALSO: Tribunal affirms Monday Okpebholo as Edo governor
Dissatisfied with the result, the PDP and its candidate approached the tribunal, alleging that the election was not conducted in substantial compliance with provisions of the Electoral Act of 2022.
In the petition marked EPT/ED/GOV/02/2024, it was alleged that Governor Okpebholo did not secure the highest number of lawful votes that were cast in the election. It was equally the contention of the petitioners that INEC failed to serialise and pre-record some of the sensitive materials that were deployed for the poll, a situation they said aided the rigging of the election in favour of the APC and its candidate.
Specifically, PDP and its candidate alleged that there was a wrong computation of results in 765 polling units in the state, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.
Among the exhibits the petitioners tendered before the tribunal were 153 Bimodal Voter Accreditation System (BVAS) machines that were used in 133 polling units. According to the petitioners, results from the polling units were manipulated at the collation centres, a situation they said resulted in over-voting in Okpebholo’s favour.
However, in its judgment on Wednesday, the tribunal held that the petitioners failed to, by way of credible evidence, establish why the outcome of the election should be set aside. It held that the onus of proving that governor Okpebholo was unduly returned by INEC rested squarely on the petitioners.
The panel said it was trite law that a petitioner must succeed on the strength of his case and not on the weakness of the defence. It noted that contrary to section 16(1) of the First Schedule to the Electoral Act, the petitioners, in their reply, introduced new facts that were not contained in their substantive case. The said new facts were rejected and struck out by the panel.
However, against the position of the respondents, the panel admitted as valid, the documents the petitioners tendered in evidence from the bar. It also noted that the petitioners were very detailed in chronicling the wards and polling units where the alleged infractions took place.
Nevertheless, the tribunal held that the PDP and its candidate merely dumped exhibits before it without demonstrating them through competent witnesses as required by the law. It held that most of the witnesses that testified for the petitioners gave hearsay evidence, stressing that failure to produce polling unit agents, presiding officers or voters that participated in the election to testify, proved fatal to the case of the petitioners.
The tribunal held that section 137 of the Electoral Act did not preclude the petitioners from producing necessary and competent witnesses to testify in support of their case. It further dismissed the contention of the petitioners that contrary to the provision of section 73(2) of the Electoral Act, INEC failed to pre-record most of the materials that were deployed for the election.
More so, the tribunal held that none of the BVAS machines tendered before it were switched on to demonstrate that the number of votes recorded in the disputed polling units exceeded the total number of accredited voters.
“It is clear that items needed to prove over-voting are; Voters Register, BVAS machines and Form EC8A,” the tribunal held, noting that the petitioners merely tendered what they termed as BVAS screenshots in aid of their allegation.
It further held that the petitioners failed to prove their allegation that INEC did not substantially comply with provisions of the Electoral Act in the conduct of the election. The tribunal held that even if it deducted the votes the petitioners alleged were unlawfully credited to the APC, Governor Okpebholo would remain the winner of the gubernatorial contest.
“We’ll challenge this huge travesty of justice, Ighodalo tells supporters
Reacting to the judgment, Ighodalo, through his team of lawyers, vowed to challenge it at the Court of Appeal, ignoring Okebholo’s extended olive branch, which asked him to join hands with his administration to develop the state.
In a statement, Ighodalo described the judgment as a “huge travesty of justice” and announced his decision to challenge it at the Court of Appeal. While urging his supporters to remain peaceful, Ighodalo reaffirmed his commitment to upholding democracy and protecting the will of the Edo people.
“While we all may not agree with the verdict, we remain steadfast in our belief that the rule of law must be the bedrock of our democracy,” he said.
According to him, the petition was never about personal ambition but a commitment to ensuring that the people’s mandate was not compromised.
He emphasized that his candidacy, alongside his running mate, Barr. Osarodion Ogie reflected the people’s aspirations for a prosperous Edo State. “I have, therefore, instructed my legal team to proceed to the Court of Appeal to challenge this decision,” Ighodalo stated, vowing not to relent in his pursuit of justice.
He further assured supporters that the struggle was not over, declaring that his resolve remained unshaken in the fight for democracy, justice, and the sanctity of electoral integrity.
Meanwhile, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who is a member of PDP, has congratulated Okpebholo on his victory at the election tribunal.
Wike congratulates Okpebholo in a statement on Wednesday by his Senior Special Assistant on Public Communications and Social Media, Lere Olayinka, Wike described the tribunal ruling as a further confirmation of the mandate freely given to Okpebholo by the people of Edo State. He urged the governor to remain focused on governance and not to be distracted by those seeking power “through the back door.
“The victory is for the people of Edo State who elected Governor Okpebholo,” Wike stated, adding that the governor should continue his commitment to serving the people.
Expressing confidence in Okpebholo’s leadership, Wike commended the governor’s early strides in office, stating, “I believe in him, and with the way he has started, I am confident that his government will have a positive impact on Edo State and its people.”
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