By Jane Okafor, Abuja
The governorship candidate of the Peoples Democratic Party(PDP) Asuerime Ighodalo, has vowed to approach the Appeal Court after the Edo State Governorship Election Petition Tribunal in Abuja on Wednesday affirmed Monday Okpebholo of the All Progressives Congress(APC) as the valid winner of the September 21 governorship election in the state.
Ighodalo disclosed this in a statement after the tribunal verdict, stating that he would be challenging the judgment at the Court of Appeal Court.
In a unanimous judgment, the three-member panel led by Justice Wilfred Kpochi dismissed the petition filed he and his party – PDP filed against Okpebholo and APC.
The People’s Democratic Party (PDP) candidate for the 2024 Edo State governorship election, Asue Ighodalo, says he is heading to the Court of Appeal to challenge the Edo State tribunal verdict affirming Monday Okpebholo as governor.
He said, ”I have, therefore, instructed my legal team to proceed to the Court of Appeal to challenge this decision, which we consider a huge travesty of justice.”
”This is not about me or any single individual; it is about the very essence of democracy, the preservation of our collective right to freely determine our future, and the legacy we leave for generations unborn.”
According to statement, Ighodalo called on supporters and other party faithful to keep the peace and seek the rule of law in their fight for justice.
”As an avowed democrat, I respect the judiciary as the last hope of the common man, and I urge all of you, our dear good people of Edo State, to remain peaceful, calm and law-abiding in the aftermath of this Judgement.
”However, let it be clear: this is not the end of our journey, but the beginning of a greater struggle for justice, democracy, and the sanctity of the people’s mandate freely conferred on my running mate, Barr. Osarodion Ogie and I are on the platform of our great Party, the People’s Democratic Party (PDP).”
”While we all may not agree with the verdict, we, however, remain steadfast in our belief that the rule of law must remain the bedrock of our democracy. Our pursuit of justice in this regard is an affirmation of our firm belief that the right of the good people of Edo State to freely choose their leaders through a credible, free and fair electoral process must never be compromised”
I”From the very beginning, your massive show of support, sincere love and belief in our shared vision for a prosperous Edo State have been the driving force behind this journey”
”For us, it has never been about the realisation of a personal ambition but about our conviction to create a clear Pathway to Prosperity for all Edo People while upholding the foundational values of democracy, justice, and the will of the people.
”We remain resolute. We remain committed. And we shall not waver in our pursuit of truth and justice.”
However, in dismissing the petition, the tribunal held that the petitioners failed to offer convincing prove of their allegations of over-voting and upheld that Okpebholo scored the highest number of valid votes.
The tribunal also criticised the manner in which the petitioners presented their evidence, stating that it did not sufficiently support their claims.
The Daily Crucible reports that the Independent National Electoral Commission (INEC) had declared Okpebholo winner of the Edo governorship election with 291,667 votes, while Ighodalo garnered 247,655 votes.
Not satisfied with the result declared by INEC, the PDP and its candidate took the matter to the tribunal, arguing that the election did not follow the established rules as provided by the Electoral Act of 2022.
In their petition, marked EPT/ED/GOV/02/2024, Ighodalo and PDP claimed that Okpebholo did not win the highest number of lawful votes.
They also alleged that the INEC failed to properly number and pre-record some sensitive election materials, which they claimed gave room for rigging in favour of the APC.
The petitioners further alleged that there was error in the calculation of results in 765 polling units.
Although they assembled 19 witnesses to give nd submitted evidence, including 153 BVAS machines used in 133 polling units.
They claimed that votes were manipulated at collation centres, leading to over-voting in Okpebholo’s favour.
But delivering the judgment on Wednesday, the tribunal held that the petitioners did not provide enough evidence to prove their case.
It held that the burden of proving that Okpebholo was wrongly declared the winner lies with the PDP and its candidate, Ighodalo.
The panel also harped on the need for the petitioners to prove cases with solid evidence rather than rely on weaknesses in the opponent’s defence.
It also pointed out that the petitioners introduced new facts not included in their original petition, which were later struck out.
Despite opposition from the respondents, the tribunal accepted the documents the petitioners submitted as evidence.
It acknowledged that the petitioners listed the polling units and wards where they claimed irregularities occurred.
Nevertheless, the tribunal held that the PDP and its candidate only rendered documents without properly speaking to them through credible witnesses.
It held weakened their case, noting that most of the witnesses provided hearsay evidence and that failing to bring polling unit agents, presiding officers, or voters as witnesses seriously hurt their argument.
The tribunal also dismissed their claim that INEC did not follow proper procedures in handling election materials.
According to the panel, none of the BVAS sßmachines presented were turned on to prove 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 submitted that even if the votes the petitioners complained of were removed, Okpebholo would still have won the election.
