MIXED reactions have continued to trail Wednesday’s tribunal judgment which affirmed the election of Governor Monday Okpebholo as the winner of the September 19 governorship election in Edo.
The Edo State Governorship Election Petition Tribunal, sitting in Abuja on Wednesday, reaffirmed Okpebholo’s victory and dismissed the petitions filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo.
Reacting to the judgment, the Edo chapter of the PDP expressed disappointment with the ruling delivered by the three-man election petition tribunal, led by Justice Wilfred Kpochi.
Chris Nehikhare, the State Publicity Secretary of the PDP Caretaker Committee, said the party was waiting to receive the Certified True Copy of the judgment before making further decisions.
“PDP is disappointed with the judgment of the Justice Wilfred Kpochi-led panel. As a party, we are waiting for the Certified True Copy. We will study it and decide on our next course of action,” Nehikhare said.
Mr Aslem Ojezua, a former PDP chieftain who defected to the All Progressives Congress (APC), said he was unsurprised by the tribunal’s decision, as the petition lacked merit.
“What I expect now is for Ighodalo to congratulate Okpebholo and join hands in solving the problems confronting our people and communities,” Ojezua said.
He added that the verdict was clear, highlighting the distinction between legal and sensational issues.
Chief Dan Orbih, PDP National Vice Chairman (South-South), said the tribunal had spoken, and they could not question its ruling.
Orbih stated that PDP would now focus on bringing back members who left during the primary election that produced Asue Ighodalo as the party’s candidate.
He emphasised that efforts would commence to rebuild the party in Edo State following the election setback.
Orbih blamed the PDP’s struggles on former Governor Godwin Obaseki, accusing him of driving members away from the party.
“Unfortunately, the former governor brought distress, division, and disaster to the PDP. Today, I did not see his face among those at the tribunal, waiting for the judgment outcome.
“As it stands, lawyers will study the verdict and make a decision after a careful review of the well-established ruling,” he said.
The judgement
Delivering judgment in Abuja, the tribunal upheld the election of Governor Monday Okpebholo of the All Progressives Congress (APC).
Okpebholo was declared winner by the Independent National Electoral Commission (INEC), with 291,667 votes; defeating Ighodalo, who polled 247,655 votes.
The three-member tribunal dismissed the petitioners’ petition on the grounds that they failed to prove their allegation of overvoting.
The tribunal also held that the petitioners failed to call competent witnesses to speak to documentary evidence they brought to the tribunal.
This, the justices said, amounted to dumping of documents on the tribunal, as they could not prove how the documents led to their allegations of over voting.
The tribunal unanimously held that the petitioners failed to prove their case of over voting in 320 polling units across the 18 LGAs of the state, where election held.
Chairman of the tribunal, Justice Wilfred Kpochi, who delivered the unanimous judgment, said that the claims of non-compliance with the Electoral Act, 2022 was not proved, because the petitioners failed to call competent witnesses to substantiate their claim.
The 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 to buttress their claim of over voting.
“Where no evidence is made, it is not the duty of the tribunal to scrutinise the documents for the petitioners,” Justice Kpochi said.
The tribunal further held that to prove allegations of over voting, a petitioner must tender three valid documents which are: Voter’s Register, BVAS and the form EC8A (polling unit result).
“How do you prove overvoting if you don’t know the number of the registered voters? Justice Kpochi asked.
The tribunal subsequently dismissed the petition which accused the governor and his party of non-compliance with electoral laws, as well as over voting.
The News Agency of Nigeria (NAN) reports that INEC had declared Okpebholo of the All Progressives Congress (APC) winner of the Sept. 21 governorship election.
The electoral umpire said it reached its decision based on the grounds that Okpebholo scored majority of votes cast in the election.
Miffed by the declaration of INEC, the PDP and Ighodalo dragged the governor and his party to the tribunal, seeking to nullify the election on grounds of non-compliance with the electoral laws and over voting.
The tribunal’s decision effectively affirms Okpebholo’s victory and brings an end to the petition filed by the PDP and its candidate.
The tribunal had earlier dismissed the petitions filed by Action Alliance and its candidate, as well as Accord Party and its candidate, for being frivolous and lacking in merit. (NAN)
