The Edo State Governorship Election Petition Tribunal sitting in Abuja, on Monday, reserved judgment in the petitioned filed by Dr Asue Ighodalo and the Peoples Democratic Party (PDP) challenging the victory of Gov. Monday Okpebholo of the All Progressives Congress (APC) in the September 2024 election.
The three-man panel, chaired by Justice Wilfred Kpochi, informed the parties after adoption of the process, that a date for the judgement would be communicated to the parties involved.
Ighodalo and PDP is praying the tribunal to void Okpebholo’s victory, citing irregularities and non-compliance with electoral laws.
Ken Mozia, SAN, who represented the petitioners, contended that the PDP had successfully demonstrated electoral malpractices in 765 polling units out of 4,519 across the state.
He emphasised that election petitions should be determined by the impact of irregularities, not just the percentage of affected polling units.
Mozia highlighted discrepancies at various collation levels, where figures on Form EC8A (polling unit results) were allegedly reduced at the ward and local government collation stages (EC8B).
He also argued that the Independent National Electoral Commission (INEC) had certified all documents tendered by the petitioners, yet failed to present any counter-evidence.
“The issue is not about producing an alternative result, but about questioning the validity of the INEC Result Viewing (IReV) portal uploads,” Mozia stated, urging the tribunal to nullify the election.
INEC’s lead counsel, Kanu Agabi, SAN, maintained that the PDP’s petition lacked merit, arguing that the petitioners had failed to tender actual election results to back their claims.
He insisted that the petition could not stand since the PDP did not provide an alternative result proving their victory.
The lawyer argued that the election could not be invalidated and still have the PDP declared winners.
According to him The BVAS machines presented by the petitioners had already been dismissed as unreliable by the Supreme Court in a previous case.
APC’s lawyer, Emmanuel Okala, SAN, aligned with INEC’s position, dismissing the petition as speculative and unproven.
He argued that out of over 4,000 polling units in Edo State, the petitioners only called five polling unit agents as witnesses, which he deemed insignificant.
Similarly, Gov. Okpebholo’s counsel, Onyechi Ikpeazu, SAN, described the petition as an “academic exercise,” asserting that the documents tendered by the PDP—including Forms EC25B and EC40A—were “dumped in court” without proper demonstration of their relevance.
Reacting, Ogbeide Ifaluyi-Isibor, a chieftain of the PDP, has expressed satisfaction with the proceedings, stating that the petitioners are confident in their case.
Speaking after the tribunal’s final hearing, Ifaluyi-Isibor noted that the testimonies of witnesses aligned with the PDP’s claims, particularly concerning allegations of over-voting and incorrect collation of results in several polling units.
He reiterated that INEC had failed to adhere to its own guidelines, a key contention in the petition.
“The petitioners are pleased with the proceedings of the court so far. Our counsel effectively demonstrated that testimonies given by witnesses were in consonance with our prayers,” he said.
He emphasised that the number of witnesses presented does not determine the strength of an election petition, citing Supreme Court precedents that place greater weight on the substance of evidence rather than the volume of testimonies.
“We are contesting results in 756 polling units out of over 4,000 in the state. Our arguments before the tribunal were clear, and we believe that we have sufficiently substantiated our claims,” he added.
He said with judgment now awaited, the PDP remains hopeful that the tribunal’s ruling would be in their favour.
Ifaluyi-Isibor expressing optimism that the tribunal secretary would soon announce the date for the much-anticipated verdict.
Also reacting, Former APC National Chairman, Adams Oshiomhole, commenting on the proceedings, stated, “It is the duty of the petitioner to prove their allegations beyond doubt.
“I am satisfied with how the hearing went, but only the tribunal can determine the outcome.”
Meanwhile, Dr. Asue Ighodalo, the PDP governorship candidate, was present in court to witness the final adoption of written addresses, but declined reaction.
