THE LEGAL battle over the outcome of the September 21, 2024, Edo State governorship election is nearing its climax as the Election Petition Tribunal prepares to deliver its verdict. The petition, filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, challenges the victory of Senator Monday Okpebholo of the All Progressives Congress (APC), citing alleged irregularities and non-compliance with the Electoral Act, 2022.
The Independent National Electoral Commission (INEC) had declared Okpebholo the winner with 291,667 votes, ahead of Ighodalo, who secured 247,655 votes. However, the PDP has maintained that the process was flawed and has sought legal redress, urging the tribunal to overturn the results.
A central argument in the PDP’s petition is the alleged irregularities in 133 polling units across the state.
As part of the evidence presented, the tribunal admitted 148 Bimodal Voter Accreditation System (BVAS) machines, which were subpoenaed by the petitioners. A Senior Technical Officer in INEC’s ICT Department, Anthony Itodo, testified before the tribunal, submitting the electronic devices as evidence.
BVAS machines, introduced in Nigeria’s electoral system to curb rigging and enhance credibility, have played a crucial role in past legal disputes. In recent tribunal rulings across the country, discrepancies in BVAS data have led to verdicts either upholding or nullifying election results.
Election tribunals in Nigeria have become a significant aspect of the post-election process, with several high-profile cases shaping political outcomes.
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A notable instance occurred in 2019 when the Supreme Court nullified the election of Emeka Ihedioha as the Governor of Imo State, declaring Hope Uzodinma as the rightful winner due to identified errors in vote tabulation.
Similarly, in 2023, multiple governorship election results faced legal challenges, leading to varied outcomes based on the evidence presented. For example, the Court of Appeal upheld the elections of several governors, including Dapo Abiodun of Ogun State and Abdullahi Sule of Nasarawa State, affirming their victories after dismissing the petitions against them.
These cases underscore the critical function of election tribunals in ensuring the integrity and fairness of Nigeria’s electoral system.
In response to the allegations, the APC and Okpebholo have urged the tribunal to dismiss the petitions, arguing that the election was conducted in substantial compliance with the law.
Their legal team contends that the PDP’s claims lack sufficient evidence to justify overturning the results.
Should the tribunal rule in favour of the petitioners, it could order a fresh election in the disputed polling units or outrightly nullify Okpebholo’s victory. Conversely, if the tribunal upholds INEC’s declaration, the PDP’s legal options may extend to the Appeal Court and possibly the Supreme Court.
