Tribunal affirms Gov. Okpebholo as duly elected Edo state Governor

By Andrew Orolua

The Edo State Governorship Election Petition Tribunal has affirmed the election of Senator Monday Okpebholo as Governor of Edo State.

The tribunal in a unanimous judgment on Wednesday held that the petitioners failed to prove their case of over-voting in 320 polling units across the 18 local government areas of the state where election held.

The Independent National Electoral Commission (INEC) had declared Okpebholo of the All Progressives Congress (APC) winner of the September 21 governorship election.

The electoral umpire had based its action on the grounds that Okpebholo score the majority of votes cast at the poll.

Dissatisfied, the People’s Democratic Party (PDP) and its governorship candidate, Asue Ighodalo had dragged the governor to the tribunal seeking to nullify the election on grounds of non-compliance with the electoral laws as well as over-voting.

RAED ALSO: Delta marks 100 years with renovated flight museum

However, delivering judgment on Wednesday in the petition, the three-member tribunal led by Justice Wilfred Kpochi, held that the petitioners failed to prove their claim of non-compliance.

Justice Kpochi who delivered the lead judgment observed that the claims of non-compliance was not proved because relevant witnesses were not called to give evidence of the alleged act of non-compliance.

In proving its claim of alleged over-voting, PDP and Ighodalo had called 19 witnesses including; collation agents and a research expert and tendered polling units results, collation results, the BVAS and other sensitive materials.

“Failure to call polling unit agents, ward agents or other registered voters that witnessed the alleged over-voting”, Kpochi held.

Besides, the court further faulted the petitioners for not speaking to the documents, “since documents does not speak for themselves”, he said, “where no evidence is made, it is not the duty of the tribunal to scrutinize the documents for the petitioners “.

The tribunal added that, “we are restrained from looking (open them and look at it)”.

Explaining further, the tribunal held to prove allegations of over-voting, a petition must tender three valid documents which are; Voter’s Register, BVAS and the form EC8A (polling unit result).

“How do you prove over-voting if you don’t know the number of the registered voters?, the chairman asked.

He subsequently dismissed the claim of alleged non-compliance and over-voting made by the petitioners.

The also dismissed the petition instituted against them by the Action Alliance (AA) and one Adekunle Rufai Omoaje challenging the Edo State Governorship Election Petition Tribunal for lacking in merit and being frivolous.

In the first judgment of the Tribunal on Wednesday, it was held that Adekunle Rufai Omoaje who filed the joint petition has no locus standi to Institute the case.

Among others, the Tribunal held that Omoaje did not participate in the governorship 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 recognized as the National Chairman of the Action Alliance for the purpose of nominating candidate for the poll but it was held that his claims have no basis in the Electoral Act 2022.

Omoaje had in the petition asked the Tribunal to declare the declaration of Okpebholo and APC as winners of the election by the Independent National Electoral Commission INEC as illegal, unlawful, unconditional and null and void on non compliance with the Electoral Act.

He also alleged corruption and that Okpebholo and APC did not win majority of lawful votes in the election.

Omoaje also alleged that AA was not allowed to nominate a lawful governorship candidate for the election having not signed nomination form as the National Chairman of the party.

INEC had declared that Okpebholo of the APC won 291, 667 votes to defeat his closest rival, Asue Ighodalo of the Peoples Democratic Party PDP, who polled 247, 655 votes in the election

Also on Wednesday Edo State Gov’ship tribunal dismisses petition filed by Accord Party
Governorship Dr Bright Enabulele.

Dr. Enabulele had in the election petition challenged the election of Gov. Monday Okpebholo of All Progressives Congress,APC,.on alleged grounds that the September 21, 2024.goveenorship in the state was marred by irregularities.

In its judgment, the Tribunal held that the Accord party and its governorship candidate Dr Bright Enabulele made spurious wild allegations of thuggery stuffing ballots, harassing and molesting voters but failed to name a single perpetrator.

The tribunal also found that the two petitioners were inconsistent in their claims bordering on allegations of non compliance with the Electoral Act and at same time praying tribunal to declare Enabulele the winner.

It would be absurd, the tribunal stated for it to declare Accord Party winners of the election they claimed have been conducted without compliance with the Electoral Act.

In the final analysis, the tribunal held that there was no meaningful evidence for it to act upon to nullify the election of Okpebholo and APC and subsequently dismissed the petition in its entirety.

The tribunal also affirmed the election of Okpebholo for being valid, conducted in compliance with the law and properly declared as winners by the Independent National Electoral Commission INEC.

With the latest judgment, Governor Monday Okpebholo and the All Progressives Congress (APC) have won the second in the series of the petitions challenging APC victory at September 21, 2024 governorship election in Edo state.

Recall that INEC had declared Okpebholo of the APC who won 291, 667 votes winner of the election and his closest rival, Asue Ighodalo of the Peoples Democratic Party PDP, who polled 247, 655 votes in the election as second runner up.