Edo State’s Monday Okpebholo Tribunal Victory: A Litmus Test For 2027?

The Edo State Governorship Election Petition Tribunal in Abuja on Wednesday upheld the controversial victory of Edo State governor, Monday Okpebholo, in the September 21, 2024, gubernatorial election. 

In a unanimous decision, the three-member panel, led by Justice Wilfred Kpochi, dismissed the petition filed by the People’s Democratic Party (PDP) and its candidate, Asuerime Ighodalo.

The PDP had approached the tribunal to challenge Okpebholo’s victory, alleging widespread vote-buying in various parts of the state, and argued that the election did not adhere to the provisions of the Electoral Act of 2022. They also contended that the election was marred by over-voting. However, the tribunal ruled that the petitioners failed to substantiate their claims of over-voting and upheld that Okpebholo secured the highest number of valid votes. The panel also criticized the petitioners for presenting insufficient evidence to support their allegations.

Recall that the Independent National Electoral Commission (INEC) declared Okpebholo as the winner of the governorship election with 291,667 votes, defeating Ighodalo, who garnered 247,655 votes.

In their petition, filed as EPT/ED/GOV/02/2024, the PDP and Ighodalo contended that Okpebholo did not win the highest number of lawful votes. They also accused INEC of improperly numbering and pre-recording certain sensitive election materials, which they argued facilitated rigging in favor of the APC. The petitioners further alleged that the results from 765 polling units were incorrectly calculated. The petitioners brought 19 witnesses and presented evidence, including 153 BVAS machines used in 133 polling units. They claimed that votes were manipulated at collation centers, leading to over-voting in Okpebholo’s favor.

However, in its ruling, the tribunal found that the petitioners failed to provide sufficient evidence to substantiate their claims. The panel emphasized that the burden of proving that Okpebholo was wrongly declared the winner rested on the PDP and Ighodalo, and that petitioners must present solid evidence rather than merely pointing out flaws in the defense.

The tribunal also noted that the petitioners introduced new facts not included in their original petition, which were subsequently struck out. Despite objections from the respondents, the tribunal accepted the documents submitted by the petitioners but noted that these were not properly explained with credible witnesses. It observed that most of the witnesses provided hearsay testimony, and the absence of polling unit agents, presiding officers, or voters as witnesses severely weakened their case.

Furthermore, the tribunal dismissed the claim that INEC mishandled election materials, pointing out that none of the BVAS machines presented were activated to demonstrate that the number of votes recorded in the disputed polling units exceeded the number of accredited voters.

 “It is clear that to prove over-voting, you need the Voter Register, BVAS machines, and Form EC8A,” the tribunal stated, adding that the petitioners only provided screenshots of BVAS data rather than the actual devices.

The tribunal determined that, even if the disputed votes were excluded, Okpebholo would have still emerged victorious in the election. In response, Ighodalo’s legal team pledged to appeal the decision at the Court of Appeal.

The Abuja Tribunal has dismissed the Accord Party’s petition challenging Monday Okpebholo’s victory in the September 21, 2024, governorship election. The three-member panel ruled that the petition lacked merit and was unsupported by sufficient evidence. The Accord Party and its candidate failed to prove their claims of electoral fraud, non-compliance with the Electoral Act, and irregularities such as multiple thumbprinting, violence, and intimidation. The tribunal also noted that the petitioners did not provide evidence specifying the affected polling units or wards. Additionally, it ruled that the first petitioner lacked legal standing to file the case. In a unanimous decision, the tribunal declared the petition struck out for incompetence and lack of jurisdiction.

The decision by the Edo State Governorship Election Petition Tribunal to uphold Monday Okpebholo’s victory, despite allegations of widespread electoral malpractices, carries significant implications for Nigeria’s electoral future, and this decision raises concerns about the integrity of the judicial process and the ability of the courts to safeguard the electorate’s will.

Looking ahead to the 2027 Presidential elections, this ruling underscores the potential for manipulation to persist without serious consequences. If the judiciary fails to uphold electoral integrity in the face of obvious irregularities, it could embolden electoral offenders and disenfranchise voters. Citizens might feel disillusioned, believing that their votes and complaints lack the power to drive change, further weakening democratic institutions unless reforms are enacted to ensure more transparent, accountable electoral practices.