Edo Tribunal hears final arguments, reserves judgment

The Edo State Governorship Election Petition Tribunal has reserved judgment to later date after parties to the suit adopted their final written addresses in the petition filed by Asue Ighodalo of the Peoples Democratic Party (PDP), challenging the declaration of Senator Monday Okpebholo of the All Progressives Congress (APC) as the winner of the 2024 governorship election.

It will be recalled that the Independent National Electoral Commission, INEC, had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closet rivalry, Ighodalo of the PDP, who got a total of 247, 655 votes.

Dissatisfied with the outcome of the poll, the PDP and its candidate approached the tribunal, alleging that it was not conducted with substantial compliance with provisions of the Electoral Act, 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 at 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.

While adopting their final written address on Monday, the petitioners, through their team of lawyers led by Mr. Adetunji Oyeyipo, SAN, alleged that there was wrong computation of results in 765 polling units in the state.

According to the petitioners, results from the polling units were manipulated at the collation centers.

“We concede that elections took place at the polling units, but my lords, for instance, how 25 votes metamorphosed to 525 votes at a particular collation center, is what we are quarrelling with,” counsel to the petitioners submitted.

According to the petitioners, results from the polling units were manipulated at the collation centres.

INEC’s lead counsel, Chief Kanu Agabi, SAN, noted that the petitioners’ reliefs were incongruous with the case they brought before the tribunal.

He noted that whereas the petitioners claimed that the gubernatorial election was invalid by reason of alleged non-compliance, they still sought to be declared winner of the same poll.

Agabi, SAN, further noted that despite the number of polling units the petitioners challenged their results, they only brought five polling unit agents to testify before the tribunal, a number he said was insignificant.

More so, Agabi, SAN, argued that all polling unit agents that appeared as witnesses, admitted that they signed copies of results of the election.

“This is a clear indication that the election was conducted in compliance with the Electoral Act, 2022.

“The results were duly collated at all levels of collation. The petitioners have not pleaded any alternative results on the basis of which they can be declared as winners.

“The case of the petitioners is based on analysis undertaken by hired consultants,” INEC’s lawyer added.

While adopting his processes, counsel to governoror Okpebholo, Dr. Onyechi Ikpeazu, SAN, maintained that the petition was an academic exercise.

He contended that the law only mandated INEC officials to indicate the number of sensitive materials they received and the quantity returned, insisting that it did not include recording of serial numbers of the materials.

Governor Okpebholo’s lawyer equally argued that the Supreme Court earlier held that one could not prove over-voting without the Bimodal Voter Accreditation System, BVAS, Machines.

Likewise, the APC, through its counsel, Mr Emmanuel Ukala, SAN, argued that the petitioners failed to discharge the burden of proof that was placed on them by the law.

He argued that the apex court had repeatedly held that over-voting must be proved in each of the disputed polling units, wards and Local Governments.

Therefore, he urged the tribunal to dismiss the petition and affirm INEC’s declaration that governor Okpebholo was the valid winner of the governorship contest.

After the Justice Kpochi-led panel had listened to all sides, it announced that the judgement date would be communicated to the parties.