• Gov extends Olive branch to Ighodalo, dedicates victory to Edo people  •PDP candidate goes to Appeal Court

From Godwin Tsa, Abuja and Tony Osauzo, Benin

Governor Monday Okpebholo has called on all citizens, including the opposition Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, to join hands for the progress of Edo State, saying: “It’s time to put aside partisan differences and focus on the common goal of building a better future for our state.”

While extending the Olive branch, following his victory at the Governorship Election Petition Tribunal in Abuja, yesterday, the governor dedicated his triumph to the people of the state.

“This decision validates the overwhelming support demonstrated by the citizens and residents of Edo State during the election. It reaffirms the integrity of our democratic process and stands as a testament to the will of the people.

“This victory is not mine alone but a victory for every citizen and resident of Edo State. It is a mandate to continue the work we have started, to build a state where everyone has the opportunity to thrive. We remain committed to our promise of good governance, transparency, and inclusive development,” he said.

But in a swift reaction, Ighodalo, through his team of lawyers, vowed to challenge the judgment at the Court of Appeal.

The Independent National Electoral Commission (INEC) had declared that Okpebholo of the All Progressives Congress (APC) secured 291,667 votes to defeat his closest rival, Ighodalo, who got 247, 655 votes.

Dissatisfied with the result, the PDP,  the Accord Party (AP), the Action Alliance (AA) and their candidates, in separate petitions, approached the tribunal, alleging that the election was not conducted in substantial compliance with provisions of the Electoral Act, 2022.

In the petition marked: EPT/ED/GOV/02/2024, PDP and its candidate  alleged that Okpebholo did not secure the highest number of lawful votes cast at the election.

Specifically, it was their contention 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.

The petitioners alleged that there was wrong computation of results in 765 polling units, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.

Among exhibits the petitioners tendered before the tribunal, included 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units.

They alleged that the results from the polling units were manipulated at the collation centres, a situation they said resulted in over-voting in Okpebholo’s favour.

But the tribunal, in three separate judgments unanimously upheld the election of Governor Okpebholo.

The three-member panel said based on the evidence adduced before it by the Accord Party (AP), the Action Alliance (AA) and the PDP and their candidates, it found no reason to nullify the outcome of the governorship contest that was held in the state on September 21, 2024.

In the lead judgment delivered by the Chairman, Justice Wilfred Kpochi, the tribunal dismissed the petition of the PDP and its candidate for lacking in merit. It held that the onus of proving that 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 own 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, 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.

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 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.

Moreso, the tribunal held that none of the BVAS machines tendered before it was 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 equally 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, Okpebholo would still remain the winner of the gubernatorial contest.

It also declined the request by the AP and the AA and their candidates.

While dismissing the petition of the AA, the Justice Kpochi-led tribunal held that Adekunle Rufai Omoaje who filed the joint petition had no locus standi to institute the case.

Among others, it held that Omoaje did not participate in the election and as such has no power to question the validity of the election.

The tribunal also held that Omoaje’s grouse against the election was that he was not recognised as the national chairman of AA for the purpose of nominating candidate for the poll but it was held that his claims have no basis in the Electoral Act 2022.

The tribunal declined the request by the AP for failure to adduce credible evidence to establish the allegations that the election was invalid by reason of corrupt practices and non-compliance with provisions of the Electoral Act, as contained 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 widespread rigging and non-compliance occurred.

While describing some of the averments in the petition as “vague”, the tribunal held that allegations against governor Okpebholo’s victory, were not substantiated.

The tribunal said it found merit in all the preliminary objections that were filed to challenge the competence of the petition.