The tribunal has affirmed Governor Okpebholo’s victory in the September 21, 2024, governorship election, dismissing the petition filed by the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo.
Delivering the lead judgment, Justice Wilfred Kpochi stated that the three-member panel found no justifiable reason to annul the election results.
The Independent National Electoral Commission (INEC) had declared Okpebholo, the candidate of the All Progressives Congress (APC), the winner with 291,667 votes, defeating Ighodalo of the PDP, who secured 247,655 votes.
Unhappy with the outcome, the PDP and Ighodalo approached the tribunal, arguing that the election did not comply with the provisions of the Electoral Act, 2022.
They alleged that INEC failed to properly document and pre-record sensitive electoral materials, which they claimed facilitated electoral fraud in favor of the APC.
In their petition, marked EPT/ED/GOV/02/2024, the opposition party claimed that results from 765 polling units were inaccurately computed and that votes were manipulated at collation centers, leading to over-voting.
To support their claims, they presented 19 witnesses and submitted 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units as evidence.
However, the tribunal ruled that the petitioners did not present sufficient evidence to justify overturning the election.
It emphasized that the responsibility to prove that the election was rigged rested on the petitioners, who could not rely on the defense’s shortcomings.
The panel also struck out new allegations introduced by the petitioners, as they were not part of the original filing.
While acknowledging the details provided by the petitioners regarding the alleged irregularities, the tribunal noted that they merely submitted exhibits without properly demonstrating them through competent witnesses.
It observed that most testimonies relied on hearsay and that the absence of polling unit agents, presiding officers, or voters further weakened the case.
The tribunal also dismissed the claim of over-voting, stating that none of the BVAS machines presented as evidence were turned on to verify whether the number of votes exceeded the accredited voters in the disputed polling units.
It concluded that even if the votes contested by the petitioners were removed, Governor Okpebholo would still remain the winner.
Following the ruling, Ighodalo’s legal team announced plans to challenge the judgment at the Court of Appeal.
