Savouring the joy of victory at the tribunal, Edo State Governor Monday Okpebholo yesterday waved the olive branch to his major challenger in last year’s governorship election, Dr. Asue Ighodalo, candidate of the Peoples Democratic Party (PDP).
He urged the opposition to join him in the task of developing the state, stressing that governance should now take precedence over politics.
The victory of the governor, who contested on the platform of the All Progressives Congress (APC), was affirmed by the Edo State Governorship Election Petition Tribunal headed by Justice Wilfred Kpochi.
In three judgments, the three-member tribunal held that the petitions by the PDP and it’s candidate, Ighodalo; the Action Alliance (AA) and its National Chairman, Adekunle Omoaje, and the Accord Party and its candidate, Bright Enabulele (A), were without merit.
In particular, Justice Kpochi , who said there was no meaningful evidence to act upon to nullify the victory of Okpebholo and APC, dismissed the petition in its entirety.
Okpebholo, who was declared the winner of the September 21, 2024 poll by the Independent National Electoral Commission (INEC), scored 291,667 votes.
PDP candidate Ighodalo scored 247,274 votes, and the Labour Party (LP) candidate, Olumide Akpata, came third with 22,763 votes.
There was jubilation in Benin city, following the verdict by the tribunal which sat in Abuja.
However, counsel to Ighodalo and PDP vowed to challenge the judgment at the Court of Appeal, arguing that they did all that was required of them to prove that the election was not free and fair.
Okpebholo dedicated the victory to the people.
A statement by his Chief Press Secretary, Fred Itua, said the judgment validated the popular mandate conferred on him by the electorate.
The statement reads: “Today, Wednesday, 2nd April, 2025, the Elections Tribunal delivered a resounding verdict, affirming the clear mandate of the people and upholding the victory of His Excellency, Governor Monday Okpebholo.
“The Tribunal, after a thorough and impartial examination of the petitions brought forward by the opposition, has dismissed all claims, confirming that the election was conducted in substantial compliance with the Electoral Act and that Governor Monday Okpebholo was duly elected.
“This decision validates the overwhelming support demonstrated by the citizens and residents of Edo State during the election. It reaffirms the integrity of our democratic process and stands as a testament to the will of the people.
“Governor Monday Okpebholo wishes to express his profound gratitude to the Tribunal for their diligence and fairness. He also extends his sincere appreciation to the people of Edo State for their unwavering support and belief in his vision for a prosperous and united state.
“This victory is not mine alone, but a victory for every citizen and resident of Edo State. It is a mandate to continue the work we have started, to build a state where everyone has the opportunity to thrive. We remain committed to our promise of good governance, transparency, and inclusive development.”
Why the petitions were dismissed, by tribunal
In his lead judgment, Justice Kpochi, resolved the two issues identified for determination in the petition by the PDP and Ighodalo against them.
The first issue was whether from the totality of pleadings and evidence led by the petitioners, they were able to prove their claim that the election was invalid by non-compliance with the Electoral Act.
In resolving this issue, Justice Kpochi, after evaluating the petitioners’ evidence, held that the PDP and Ighodalo failed to discharge the burden of proof placed on them by the law.
He also held that none of the 19 witnesses called by the petitioners was a relevant witness who could give eye witness accounts of what happened at the polling units, where the results were being contested.
The tribunal chairman noted that most of the witnesses were either ward collation agent or local government collation agent, pointing out that petitioners did not call either their polling unit agents or registered voters who voted at the polling units.
The judge also noted that the petitioners had alleged that relevant details were not filled in the election documents before the commencement of voting.
Justice Kpochi said having so alleged, the petitioners were expected to call polling unit agents and registered voters who voted in the affected polling units.
He said: “We hold that the failure of the petitioners to call polling agents, presiding officers or even registered voters was fatal to their case.
“The petitioners did not call any scintilla of evidence to prove their claim that the relevant forms were not filled as required. The first to 14th witnesses gave hearsay evidence because they were not near the polling units during the election.”
Justice Kpochi noted that the petitioners’ star witness was the Director of Research and Strategy, who did not play any role in the election.
He held that all the documents and materials tendered by the petitioners, including election documents and the bimodal voters accreditation system (BIVAS) machines, were not demonstrated.
The judge added: “It is clear that the documents were dumped. No competent witness was called to give evidence on the documents. No eye witnesses, who witnessed how the election took place at the polling units were called.
“Where no witness is called to link the documentary evidence to the case of the petitioners, it is not the duty of the court to be scrutinising the documents tendered by parties.
“The bivas machines were clearly dumped and remained dormant. The machines were not demonstrated at trial nor did any witnesses testify on the content of the bivas machines,” he said.
The tribunal chairman said it was not for the tribunal to be looking into the documents and bivas machines tendered.
Justice Kpochi also resolved the second issue, which was whether Okpebholo won the election with majority of lawful, votes against the petitioner.
He made similar observations about the quality of evidence presented by the petitioners and held that they failed to prove that leg of their petition.
Justice Kpochi noted that by the quality of evidence led by the petitioners, it showed that they did not appreciate what was expected of them to prove their allegations.
The first judgment of the day was in the petition by AA and Onoaje, which it dismissed for being without merit.
The petitioners had claimed among others, that AA’s candidate was excluded from the election on the grounds that INEC accepted details of the party’s candidates from one Kenneth Eze, who they claimed was not the party’s national chairman.
They had also alleged that AA was not allowed to nominate a lawful candidate for the election since the electoral commission failed to accept details of the candidate whose nomination form Omoaje signed as national chairman.
Justice Kpochi held that the petitioners failed to prove their allegations of non-compliance and corrupt practices.
He also said that Omoaje, having not been a candidate in the election, lacked the locus standi (the right to approach the tribunal) to challenge the outcome of the election.
The tribunal also found that having admitted in the course of proceedings that AA participated in the election, the petitioners could no longer complained of exclusion.
It upheld the notices of preliminary objection filed by INEC, APC and Okpebholo, challenging the competence of the petition.
The tribunal held that the issues raised in the petitions related to leadership dispute within the AA, which did not constitute an issue over which an election tribunal possesses jurisdiction.
It also held that the issues were pre-election related, which had become statute barred as at when the petition was filed.
The tribunal proceeded to decline jurisdiction and struck out the petition.
The tribunal has commenced delivery of its judgment in the petition by Accord Party (A).
In its third judgment, the tribunal also dismissed the petition by the Accord Party.
Justice Kpochi held that the petitioners – (A) and its candidate in the election, Bright Enabulele – failed to establish their claims with sufficient evidence as required.
The tribunal noted that the petitioners made weighty allegations of thuggery, ballots stuffing, harassment and voters’ molestation, but failed to name a single perpetrator.
It further noted that the same petitioners, who sought to be declared winners of the election, claimed that the election was conducted without compliance with the Electoral Act.
APC hails verdict
The APC leadership hailed the judgment, saying that it is sound.
The National Secretary, Dr. Ajibola Basiru, a Senior Advocate, said in a statement that “the verdict is in consonance with well settled principles of law already established in a plethora of cases as to the nature of oral and documentary evidence required from a petitioner to establish allegations of non-compliance with the provisions of Electoral Act.”
He stressed: “Specifically the tribunal rightly held that the petitioners merely dumped documents including BVAS without evidence to link them to the allegations made by the petitioners.
“The decision of the Tribunal that petitioners witnesses are not competent witnesses to give evidence in support of the allegations made by the petitioners is unassailable in view of well established case-law.
“The judgment is an affirmation of the mandate freely given by the Edo people to the APC and its candidates, Senator Monday Okhpebolo and Hon Idahosa.”
Wike congratulates Okhpebolo
The Minister of Federal Capital Territory (FCT), Nyesom Wike, congratulated Okpebholo over the judgment, urging him to avoid distraction.
He said the governor should remain focused and avoid being distracted by those who “are only interested in getting power through the back doors.”
Wike, a PDP chieftain, said in a statement by his Senior Special Assistant (SSA), on Public Communications and Social Media, Lere Olayinka, that the confirmed the mandate freely given to the governor by the people.
He said the victory was for the people, who elected Okpebholo, urging him to be committed to their service.
Reiterating his confidence in Okpebholo’s ability to bring succor to the people, Wike added: “I believe in him and with the way he has started, I believe that his government will impact positively on Edo State and its people.”
Ighodalo: the struggle continues
Ighodalo said the tribunal judgment is not the end, adding that the struggle continues.
The PDP candidate said in a statement that he would not waver in the pursuit of justice.
The statement reads: “The Edo Governorship Election Petition Tribunal has delivered its judgment in our petition challenging the outcome of the September 21st, 2024 governorship election in our dear state.
“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.
“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 on the platform of our great Party, the People’s Democratic Party (PDP)
“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.
“I 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.
“We remain resolute. We remain committed. And we shall not waver in our pursuit of truth and justice.”
