The Edo State Governorship Election Petition Tribunal has indefinitely adjourned judgment in the petition challenging the September 21, 2024, election victory of Governor Monday Okpebholo of the All Progressives Congress (APC).
The petition was filed by the Peoples Democratic Party (PDP) and its governorship candidate, Mr. Asue Ighodalo.
The tribunal, sitting in Abuja, postponed its verdict after hearing arguments from both the petitioners and respondents, which included the Independent National Electoral Commission (INEC), Okpebholo, and the APC. Justice Wilfred Kpochi, presiding over the proceedings, informed both parties that they would be notified once a judgment date was set.
Legal Arguments, during the adoption of final written addresses, high-profile legal representatives made their case before the tribunal.
Governor Okpebholo’s Counsel
Senior Advocate of Nigeria (SAN), Dr. Onyechi Ikpeazu, representing Okpebholo, urged the tribunal to dismiss the petition, calling it an “academic exercise.”
He further argued that even after analyzing the polling units in dispute, his client still secured a clear lead.
On the petitioners’ claims regarding Form EC25B—where they insisted serial numbers of sensitive materials should have been provided—Ikpeazu contended that only the quantity of materials received and returned was required.
He further cited a Supreme Court ruling, emphasizing that over-voting allegations cannot be proven without accessing the Bimodal Voter Accreditation System (BVAS) machines, which the petitioners failed to present.
He urged the tribunal to reject the petition, describing it as “frivolous, baseless, and lacking merit.”
INEC’s Position, the Former Attorney General of the Federation (AGF), Chief Kanu Agabi, SAN, representing INEC, argued that the petition should be dismissed as the petitioners did not request an outright annulment of the election.
Agabi also pointed out inconsistencies in the petitioners’ claims. While they sought to be declared winners, they simultaneously argued that the election was invalid.
He maintained that the number of polling unit agents called as witnesses was insignificant compared to the total polling units in Edo State. Additionally, he noted that all the witnesses had signed the election result sheets, further reinforcing the credibility of the process.
“The results were duly collated at all levels, and the petitioners have not presented any alternative results to support their claim of victory,” Agabi stated, urging the tribunal to dismiss the case in its entirety.
APC’s Responses, Speaking on behalf of the APC, Chief Emmanuel Ukala, SAN, emphasized that the petition was centered on non-compliance allegations. He cited Supreme Court precedents, which require petitioners to prove non-compliance on a polling unit-by-polling unit basis.
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“Instead of providing such proof, the petitioners merely dumped documents on the court,” Ukala argued.
Petitioners’ Claim
Arguing for the petitioners, Mr. Ken Mozia, SAN, highlighted that their complaint affected 765 polling units out of the 4,519 in Edo State.
With arguments concluded, the tribunal will now deliberate before delivering its verdict at a later date. The outcome will determine whether Governor Okpebholo’s victory stands or if the petitioners have successfully proven their claims.
