A three-member tribunal has upheld the election victory of Governor Okpebholo, 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 tribunal found no grounds to nullify the outcome of the September 21, 2024, governorship election.
The Independent National Electoral Commission (INEC) had declared Okpebholo of the All Progressives Congress (APC) as the winner with 291,667 votes, defeating Ighodalo of the PDP, who secured 247,655 votes.
Dissatisfied with the results, the PDP and Ighodalo approached the tribunal, arguing that the election was not conducted in substantial compliance with the Electoral Act, 2022.
They alleged that INEC failed to properly serialize and pre-record some sensitive election materials, leading to irregularities in favor of the APC.
In their petition (EPT/ED/GOV/02/2024), the PDP claimed that results from 765 polling units were wrongly computed and that votes were manipulated at collation centers, resulting in over-voting.
They presented 19 witnesses and tendered 153 Bimodal Voter Accreditation System (BVAS) machines used in 133 polling units as evidence.
However, the tribunal ruled that the petitioners failed to provide credible proof to warrant overturning the election results.
It emphasized that the burden of proof rested solely on the petitioners and that they could not rely on the weaknesses of the defense.
The panel also struck out new facts introduced by the petitioners in their reply, as they were not part of the original petition.
While acknowledging the detailed breakdown of alleged infractions, the tribunal held that the PDP and Ighodalo merely submitted exhibits without demonstrating them through competent witnesses.
It noted that most of the witnesses provided hearsay evidence, and the absence of polling unit agents, presiding officers, or voters to support the claims weakened the case.
The tribunal further ruled that the petitioners failed to prove their allegations of over-voting, stating that none of the BVAS machines submitted were powered on to confirm the claims.
It concluded that even if the alleged unlawful votes were deducted, Governor Okpebholo would still emerge as the winner.
Following the judgment, Ighodalo’s legal team announced their decision to appeal the ruling at the Court of Appeal.
