• Alleged leaked judgment goes viral online
From Godwin Tsa Abuja
The Edo Governorship Election Petition Tribunal will today deliver judgment in the petition filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, against the September 21, 2024 governorship election in Edo.
The PDP and Ighodalo are challenging the decision by the Independent National Electoral Commission (INEC) to declare Senator Monday Okpebholo of the All Progressives Congress (APC) as winner of the poll.
They alleged that the election was marred by irregularities.
The three-member tribunal, headed by Justice Wilfred Kpochi, had, on March 3, reserved judgment in the petition after parties adopted their final written addresses.
The tribunal will deliver judgment in the three petitions marked: EPT/ED/GOV/01/2024, EPT/ED/GOV/02/2024 and EPT/ED/GOV/03/2024.
On January 31, the tribunal had admitted in evidence 148 Bimodal Voter Accreditation System Machines (BVAS) that were used during the conduct of the disputed governorship poll.
The electronic devices were tendered by a Senior Technical Officer in the ICT Department of INEC, Anthony Itodo, and admitted in evidence by the panel.
The petitioners had subpoenaed INEC to produce the BVAS machines that were used in 133 polling units where election results are being disputed.
INEC had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closest rival, 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, praying it to nullify INEC’s declaration of the APC and Okpebholo as winners of the contest.
The petitioners, among other things, contended that the governorship election was invalid because of alleged non-compliance with provisions of the Electoral Act, 2022.
However, APC and Okpebholo urged the tribunal to dismiss the petitions for being baseless, arguing that the petitioners had failed to substantiate the allegations in their petitions.
Meanwhile, copies of the tribunal’s purported judgment yesterday flooded the internet. In what appeared as a leakage, copies of the judgment made their way into the internet, indicating a two-to-one split in the decision of the tribunal.
According to the viral documents, Chairman of the tribunal, Justice Kpochi, and member 1 of the tribunal, Justice A. B. Yusuf, dismissed the petition and affirmed the election of Governor Okpebholo while the third member, Justice A. A. Adewole, ordered INEC to issue a fresh Certificate of Return to Ighodalo of the PDP as the authentic winner of the poll.
In the said minority judgment, Justice Adewole held that Governor Okpebholo’s election was invalid by reason of non-substantial compliance with provisions of the Electoral Act.
He held that the 2nd Respondent, governor Okpebholo, was not duly elected by a majority of lawful votes cast and proceeded to nullify his return as the winner of the gubernatorial contest.
“The petitioners case was not rebutted and showed unit by unit, how the actual total should be 243,113 votes, while the 2nd Respondent’s tally should stand at 210, 326 votes- a clear reversal of the declared result,” Justice Adewole was credited to have held in the leaked documents.
However, in the lead and majority decision of the tribunal, its Chairman, Justice Kpochi, held that “while there was credible evidence of non-compliance particularly concerning section 73(2) (failure to record serial numbers in EC 25B) and section 51(2) (over-voting) the petitioners failed to demonstrate that these breaches substantially affected the outcome of the election as required under section 135(1) of the Electoral Act.
On the issue of the majority of lawful votes, the petitioners established instances of incorrect collation and exclusion of results. However, their mathematical and documentary evidence did not conclusively establish that the margin of lead was overtaken or that they scored the highest number of lawful votes.”
Relying on the Supreme Court decided cases in Oyetola Vs Adeleke, 2023, 10NWLR (Pt 1892), as well as Atiku Vs INEC (2023), 19NWLR, pt. 1927, the panel held that the petitioners failed to prove not only that non-compliance occured, but also that it was substantial enough to have affected the result of the election.
Adding that the petitioners ought to have tied every complaint to figures, demonstrated the net effect of each infraction and shown that for the violation the outcome would have changed.
“We find that the petitioners have not discharged the dual burden to the satisfaction of the law.
Accordingly, the petition lacks merit and is hereby dismissed,” the document further read.
•Okpebholo sends message of hope
Governor Okpebholo has sent a message of hope and unity to supporters and members of the APC and residents. He urged them to maintain peace and order.
“We have witnessed a vibrant and competitive electoral process, and I respect the legal avenues available to all parties. The tribunal’s decision is a crucial part of our democratic process, and we must all respect its authority.
“I want to emphasize that our state’s progress and development are paramount. We must not allow political differences to disrupt the peace and harmony we have worked so hard to build. I call on all political leaders, community leaders, and citizens to respect the rule of law, maintain peace and order, embrace unity, and avoid spreading misinformation.
“I have full confidence in our judiciary and its ability to deliver a fair and just judgment. I also have faith in the resilience and maturity of our people. Let us show the nation that we are people committed to democracy, peace, and progress. I thank you for your understanding and cooperation. May God bless our state.”
•We’re confident of victory –APC
The APC has expressed confidence that the tribunal would deliver its judgment in favour of its candidate, Governor Okpebholo.
Chairman of the Edo State chapter of the APC, Chief Jarrett Tenebe, expressed optimism in Abuja.
“I am calling on all APC faithful in Edo State to remain calm. Our lawyers did a very good job and we believe in the Judiciary. We believe they will do justice. We are hopeful of victory.”
Tenebe commended Governor Okpebholo’s handling of the recent Uromi killings, claiming that some members of the PDP were behind it.
“Their sinister objective is clear: they want to force President Bola Ahmed Tinubu to declare a state of emergency in Edo State because they have no confidence in securing victory at the Edo Election Petition Tribunal.
“In their desperation, they have resorted to acts of sabotage, hoping to manipulate public perception and judicial sentiment in their favour.”
As part of their plan, they have enlisted disbanded members of the Edo State Security Network to orchestrate acts of violence, as seen in Uromi, Esan North East Local Government Area.
“Their aim was to falsely implicate the Edo State Government in these disruptions, creating a narrative that fosters chaos and sympathy for their failed cause.
“They are also exploiting the composition of the tribunal, where two of the three judges are from the North, hoping to sway their ruling through deceit and unrest.
“Their recent criticism of Governor Monday Okpebholo for traveling to Kano State to condole with victims’ families further exposes their involvement in the Uromi mayhem.
“I urge the Ministry of Foreign Affairs to liaise with embassies in countries where these PDP members reside and request their extradition for prosecution.
“Their hypocrisy and desperation know no bounds, but we will not be deceived.” T
The Edo APC chairman urged security agencies to go after some identified members of the opposition and ensure they are promptly apprehended.
Terrorism and violent attacks against the peace of our nation cannot and will not be tolerated.
“As a political party, we are going to formally write to foreign missions, embassies, and other international bodies to extradite these fellows who keep inciting the public to commit acts of terrorism.
They must be repatriated to Nigeria in order to face terrorism charges.
“Let me make it categorically clear – no amount of blackmail, intimidation, or desperate orchestration will stop Governor Monday Okpebholo from emerging victorious at the tribunal on Wednesday, April 2, 2025.
“The people of Edo have spoken, and their mandate will not be stolen through underhanded tactics.
“These antics will not weaken us; rather, they will only make Edo stronger. We will continue to stand firm in defense of democracy, justice, and the rule of law,” Tenebe said.
