By Seyi Odewale, with additional report
Again, Governor Monday Okpebholo triumphed yesterday as the Edo State Governorship Election Petition Tribunal in Abuja upheld his election as governor under the All Progressives Congress (APC) platform.
In a unanimous decision by a three-member panel, the tribunal said it found no reason to nullify the outcome of the governorship contest that was held in the state on September 21, 2024.
The tribunal’s chairman, Justice Wilfred Kpochi, who delivered the lead judgement, dismissed as lacking in merit a petition the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, filed to challenge Governor Okpebholo’s declaration as the valid winner of the gubernatorial poll.
The Independent National Electoral Commission (INEC) declared Okpebholo the winner of the September 21 election, having secured a total of 291 667 votes to defeat his closet rival, Ighodalo of the PDP, who got a total of 247 655 votes.
Dissatisfied with the result, the PDP and its candidate approached the tribunal, alleging that the election was not substantially compliant with the Electoral Act 2022 provisions.
In the petition marked EPT/ED/GOV/02/2024, it was alleged that Governor Okpebholo did not secure the highest number of lawful votes cast at the election.
The petitioners also contended that INEC failed to serialise and pre-record some of the sensitive materials 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 results in 765 polling units in the state were wrongly computed, even as they produced 19 witnesses who testified and tendered exhibits before the tribunal.
Among exhibits, the petitioners tendered before the tribunal included 153 Bimodal Voter Accreditation System (BVA) machines used in 133 polling units.
According to the petitioners, polling unit results were manipulated at the collation centres, resulting in over-voting in Okpebholo’s favour.
However, in its judgement on Wednesday, the tribunal held that the petitioners failed to establish, by way of credible evidence, why the election outcome should be set aside.
It held that the petitioners had the onus of proving that INEC unduly returned Governor Okpebholo.
The panel said it was trite law that a petitioner must succeed on the strength of his case and not on the defence’s weakness.
It noted that contrary to section 16(1) of the First Schedule to the Electoral Act, the petitioners introduced new facts in their reply that were not contained in their substantive case.
The said new facts were rejected and struck out by the panel.
However, against the Respondents’ position, the panel admitted as valid the documents the petitioners tendered in evidence from the Bar.
It also noted that the petitioners were detailed in chronicling the wards and polling units where the alleged infractions occurred.
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 witnesses who testified for the petitioners gave hearsay evidence, stressing that the failure to produce polling unit agents, presiding officers, or voters who participated in the election to testify proved fatal to the petitioners’ 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 the petitioners’ contention that, contrary to the provision of section 73(2) of the Electoral Act, INEC failed to pre-record most of the materials 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 the provisions of the Electoral Act in conducting 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.
Meanwhile, reacting to the judgement, Ighodalo vowed to challenge it at the Court of Appeal through his team of lawyers.
*Okpebholo extends olive branch to opponents
Following the tribunal judgement, Governor Okpebholo yesterday extended an olive branch to the PDP candidate, Ighodalo.
He urged him to join hands in the collective development of the state.
In a statement issued by the Chief Press Secretary to the Governor, Fred Itua, Okpebholo also called on all well-meaning sons and daughters of Edo State to work together in building a prosperous future for the state.
The statement reads, “Today, Wednesday, April 2, 2025, the Elections Tribunal delivered a resounding verdict, reaffirming the clear mandate of the people and upholding the victory of His Excellency, Governor Monday Okpebholo.
“The Tribunal, after a thorough and impartial examination of the petitions brought forward by the opposition, dismissed all claims, confirming that the election was conducted in substantial compliance with the Electoral Act and that Governor Monday Okpebholo was duly elected.
“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 people’s will.
“Governor Monday Okpebholo expresses his profound gratitude to the Tribunal for their diligence and fairness. He also extends his sincere appreciation to the people of Edo State for their unwavering support and belief in his vision for a united and prosperous state.
“This victory is not mine alone but a triumph 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.”
The governor further called upon all citizens, including the opposition and the PDP candidate, Ighodalo, to embrace unity and work together for the progress of Edo State.
“It is time to put aside partisan differences and focus on the common goal of building a better future for our state,” Okpebholo stated.
He reaffirmed that his administration remains steadfast in delivering its campaign promises and will not be distracted by unnecessary litigation. The governor reiterated his commitment to serving the people of Edo State with dedication and integrity.
