By Hauwa Umar
The Edo State Governorship Election Petition Tribunal, sitting in Abuja, witnessed intense legal arguments yesterday as the Independent National Electoral Commission (INEC), Governor Monday Okpebholo, and the All Progressives Congress (APC) urged the tribunal to dismiss the petition filed by the Peoples Democratic Party (PDP) candidate, Asue Ighodalo.
In the petition marked EPT/ED/GOV/02/2024, Ighodalo challenged Okpebholo’s victory, but the respondents argued that the case lacked merit and should be thrown out.
Leading the charge, INEC’s counsel, Kanu Agabi (SAN), presented a 12-point address, asserting that the tribunal lacked the power to annul the election since annulment was not part of the reliefs sought by the petitioners. He further argued that Ighodalo’s claims of non-compliance with electoral laws were unsupported by consequential reliefs.
Agabi pointed out that the number of witnesses called by Ighodalo was too insignificant to challenge the election, adding that all the polling agents who testified had signed the result sheets, confirming that the election was conducted lawfully. He dismissed the petitioners’ reliance on consultant-generated analyses, arguing that they failed to present alternative results or prove over-voting.
“Your Lordships cannot declare the petitioners winners of the election based on claims that the election was invalid,” Agabi contended, urging the tribunal to dismiss the case outright.
On his part, Onyechi Ikpeazu (SAN), representing Governor Okpebholo, described the petition as an “academic exercise” lacking substance. He accused the petitioners of presenting sensitive election materials with missing parts, making them unverifiable. Ikpeazu also challenged their submission of BIVAS machines without unlocking them to substantiate the over-voting claims.
APC’s counsel, Emmanuel Ukala (SAN), reinforced the arguments, stating that the petitioners failed to prove non-compliance with electoral laws at the polling unit, ward, and local government levels. He highlighted that out of over 4,000 polling units in Edo State, the petitioners only called witnesses from five, failing to meet the Supreme Court’s standard of proof.
Citing legal precedents, including Ucha vs. Elechi and Baba vs. INEC, Ukala declared, “The petitioners have not proven their case. I urge My Lordships to dismiss this petition.”
With arguments concluded, the tribunal, led by Justice Wilfred Kpochi, has reserved judgment for a later date, which will be communicated to all parties.