Edo Tribunal Dismisses All Petitions Against Governor Okpebholo’s Victory, Ighodalo Heads to Appeal Court
The Edo State Governorship Election Petition Tribunal has affirmed the election of Monday Okpebholo of the All Progressives Congress (APC) as the duly elected governor of Edo State in the September 21, 2024 governorship election.
In a unanimous decision on Wednesday, the three-member panel, led by Justice Wilfred Kpochi, dismissed the petition filed by Peoples Democratic Party (PDP) candidate, Asuerime Ighodalo, ruling that there was no sufficient evidence to nullify the election outcome.
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The tribunal held that the petitioners failed to prove allegations of over-voting, affirming that Okpebholo secured the highest number of valid votes in the election.
Reacting to the verdict, Ighodalo, through his legal team, vowed to challenge the ruling at the Court of Appeal.
Justice Kpochi, delivering the lead judgment, stated that the petition, as filed by Ighodalo and the PDP, lacked merit and could not stand as a basis to overturn Okpebholo’s victory.
According to official results declared by the Independent National Electoral Commission (INEC), Okpebholo secured 291,667 votes, defeating Ighodalo, who polled 247,655 votes.
The petitioners alleged that INEC failed to serialize and pre-record sensitive electoral materials, a situation they claimed facilitated electoral fraud in favor of the APC.
Additionally, the PDP and its candidate accused INEC of wrongly computing results in 765 polling units, producing 19 witnesses and submitting 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units as evidence.
According to them, results were manipulated at collation centers, leading to over-voting in favor of Okpebholo.
In its ruling, the tribunal held that the petitioners failed to provide credible evidence to warrant nullifying the election. It emphasized that the burden of proof rested on the petitioners, who did not adequately demonstrate their case.
The three man panel ruled that the petitioners failed to demonstrate over-voting using the Voters Register, BVAS machines, and Form EC8A, instead relying on BVAS screenshots, which were deemed insufficient.
The petitioners introduced new facts in their reply that were not part of the original case, leading to their rejection under Section 16(1) of the First Schedule to the Electoral Act.
While some documents tendered by the petitioners were admitted, the tribunal ruled that they failed to substantiate their claims with competent witnesses.
The tribunal further ruled that even if the petitioners’ claims of unlawfully credited votes to the APC were considered, Okpebholo would still emerge as the winner.
It also dismissed allegations that INEC violated Section 73(2) of the Electoral Act by failing to pre-record election materials, stating that none of the BVAS machines tendered were switched on to demonstrate over-voting.
“It is clear that items needed to prove over-voting are Voters Register, BVAS machines, and Form EC8A,” the tribunal ruled, concluding that the PDP merely presented screenshots, which were not sufficient evidence.
With the tribunal’s verdict delivered, attention now shifts to the Court of Appeal, where Ighodalo is set to continue his legal challenge.