By Alade Adisa
Few hours after the Edo State Governorship Election Petition Tribunal summoned parties to appear before it on Wednesday for its judgment on the poll, leaked copies of the judgment have surfaced on the internet.
The tribunal had early on Tuesday told parties to come before it on Wednesday for its decision on the poll.
The Justice Wilfred Kpochi-led three-member tribunal had on March 3, reserved its judgement on the case the Peoples Democratic Party, PDP, and its candidate, Mr. Asuerinme Ighodalo, filed to challenge the outcome of the governorship poll that held in the state on September 21, 2024
However, in what appeared as a leakage, copies of the judgement made its way into the internet, indicating a two-to-one split in the decision of the tribunal.
According to the documents that were sighted by Vanguard on Tuesday, while Chairman of the tribunal, Justice Kpochi, and member 1 of the tribunal, Justice A. B. Yusuf, dismissed the petition and affirmed the election of Governor Monday Okpebholo, the third member of the panel, Justice A. A. Adewole, ordered the Independent National Electoral Commission, INEC, to issue fresh Certificate of Return to Ighodalo of the PDP as the authentic winner of the poll.
In the said minority judgement, Justice Adewole held that governor Okpebholo’s election was invalid by reason of non-substantial compliance with provisions of the Electoral Act.
He held that the 2nd Respondent, governor Okpebholo, was not duly elected by majority of lawful votes cast and proceeded to nullify his return as the winner of the gubernatorial contest.
“The petitoners case was not rebutted and showed unit by unit, how the actual total should be 243,113 votes, while the 2nd Respondent’s tally should stand at 210, 326 votes- clear reversal of the declared result,” Justice Adewole was credited to have held in the leaked documents.
However, in the lead and majority decision of the tribunal, its Chairman, Justice Kpochi, held that “while there was credible evidence to non-compliance particularly with respect to section 73(2) (failure to record serial numbers in EC 25B) and section 51(2) (over-voting) the petitioners failed to demonstrate that these breaches substantially affected the outcome of the election as required under section 135(1) of the Electoral Act.
“On the issue of majority of lawful votes, the petitioners established instances of incorrect collation and exclusion of results. However, their mathematical and documentary evidence did not conclusively establish that the margin of lead was overtaken or that they scored highest number of lawful votes.”
Relying on the Supreme Court decided cases in Oyetola Vs Adeleke, 2023, 10NWLR (Pt 1892), as well as Atiku Vs INEC (2023), 19NWLR, pt. 1927, the panel held that the petitioners failed to prove not only that non-compliance occured, but also that it was substantial enough to have affected the result of the election.
Adding that the petitioners ought to have tied every complaint to figures, demonstrate the net effect of each infraction and show that for the violation the outcome would have changed.
“We find that the petitioners have not discharged the dual burden to the satisfaction of the law.
“Accordingly, the petition lacks merit and is hereby dismissed,” the document further read.
It will be recalled that the Independent National Electoral Commission, INEC, had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closet rivalry, Ighodalo of the PDP, who got a total of 247, 655 votes.
Dissatisfied with the outcome of the poll, the PDP and its candidate approached the tribunal, alleging that it was not conducted with substantial compliance with provisions of the Electoral Act, 2022.
In the petition marked: EPT/ED/GOV/02/2024, it was alleged that governor Okpebholo did not secure the highest number of lawful votes that were cast at the election.
It was equally the contention of the petitioners that INEC failed to serialise and pre-record some of the sensitive materials that were deployed for the poll, a situation they said aided the rigging of the election in favour of the APC and its candidate.
