… Pushes for dismissal of PDP’s petition
… Raises alarm over planned PDP protest
… As tribunal reserves judgment
The All Progressives Congress (APC), through its lead counsel, Emmanuel Ukala, SAN, has formally adopted its final written address at the Edo State Governorship Election Petition Tribunal, urging the panel to dismiss the petition filed by the Peoples Democratic Party (PDP).
Ukala contended that the PDP had failed to present credible and substantial evidence to support its claims of electoral malpractice, including over-voting and non-compliance with electoral laws.
Also, the tribunal has reserved judgment to later date after parties to the suit adopted their final written addresses in the petition filed by Asue Ighodalo of the Peoples Democratic Party (PDP), challenging the declaration of Senator Monday Okpebholo of the All Progressives Congress (APC) as the winner of the 2024 governorship election.
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
The tribunal was convened to hear the petition challenging the declaration of Senator Monday Okpebholo of the APC as the winner of the Edo State Governorship Election by the Independent National Electoral Commission (INEC).
The PDP and its candidate had alleged widespread irregularities, claiming that the election was tainted by over-voting, the improper use of election materials, and INEC’s failure to comply with electoral guidelines in key areas across the state.
In his submission, Ukala argued that the petitioners’ case was built entirely on allegations of non-compliance with electoral procedures but lacked the necessary evidentiary foundation to substantiate these claims.
He cited the Supreme Court ruling in Ucha v. Elechi, which established that claims of over-voting must be proven comprehensively from polling unit to polling unit, ward to ward, and across local government areas.
According to him, the PDP failed to meet this legal requirement, rendering their claims weak and unsubstantiated.
Ukala further referenced the Supreme Court’s decision in Baba v. INEC, which held that petitioners must present specific and verifiable evidence from particular polling units to prove electoral malpractice.
He accused the PDP of engaging in “dumping evidence,” a legal flaw where documents are submitted to the court without being properly linked to the allegations made in the petition.
He emphasized that such an approach was ineffective and insufficient to support their claims.
Additionally, Ukala scrutinized the testimonies of the PDP’s witnesses, designated as PW1 to PW14, asserting that their statements were largely based on hearsay rather than firsthand accounts.
He argued that under Nigerian law, hearsay evidence is inadmissible and unreliable, further weakening the petitioners’ case.
He also pointed out that Form EC25D, a critical election document necessary to verify election procedures, was not referenced in any of the sworn witness statements submitted by the PDP.
This omission, he maintained, further undermined the credibility of the petition.
Another significant flaw, Ukala noted, was the PDP’s failure to present BVAS (Bimodal Voter Accreditation System) records or the voters’ register as evidence to support their allegations of over-voting. He stressed that BVAS serves as a primary tool for voter verification and election credibility, and without its records, the PDP had no substantive proof to validate its claims.
Beyond the legal technicalities, Ukala urged the tribunal to consider the broader implications of setting a precedent where allegations without concrete proof could disrupt electoral outcomes. He insisted that without compelling evidence, the petition should be dismissed outright.
The Edo election petition tribunal has drawn significant attention from political stakeholders, as the outcome could have major implications for the political landscape of the state. With the adoption of final written addresses now completed, the tribunal is set to deliberate on the arguments presented and deliver its judgment in the coming weeks, a decision that will be closely watched by both parties and the electorate.
Meanwhile, the Edo State chapter of the All Progressives Congress (APC) has raised concerns over planned by supporters of the Peoples Democratic Party (PDP) and its governorship candidate, Asue Ighodalo, to stage a protest at the Attorney General’s Office in Abuja.
In a statement, the Edo APC Chairman, Emperor Jarret Tenebe, called on security agencies, including the Police, Department of State Services (DSS), and the Nigerian Army, to take proactive measures to prevent any disruption to the judicial process.
According to Tenebe, the planned protest is a deliberate attempt to influence the ongoing Edo State Governorship tribunal proceedings.
He described the move as an unlawful act aimed at exerting pressure on the judiciary and creating unnecessary tension.
The APC chairman reiterated that the party would not tolerate any attempt to compromise the judicial process or disturb the peace.
“We have credible intelligence that PDP supporters, under the directive of Asue Ighodalo and his associates, are mobilizing to storm the Attorney General’s Office in an attempt to sway the tribunal’s outcome. This is a clear act of desperation and an attempt to obstruct justice,” Tenebe said.
The Edo State Governorship tribunal is currently hearing the case brought forward by the PDP and Asue Ighodalo, challenging the results of the recently concluded governorship election.
The APC has maintained that the election was free and fair, insisting that any grievances should be addressed through legal channels, rather than protests and external pressure.
Tenebe urged security agencies to treat the matter with the seriousness it deserves by ensuring that the planned protest does not degenerate into a security threat.
He also called on the international community to be aware of the situation and monitor attempts to undermine the legal process.
“The judiciary must be allowed to perform its duties without intimidation or interference. We are calling on security agencies to identify and hold those responsible for this planned disruption accountable for their actions,” he added.
The APC chairman further reassured party supporters and residents of Edo State that the rule of law would prevail and that the tribunal would deliver justice without external influence.
