The legal dispute surrounding the September 21, 2024, governorship election in Edo State took a pivotal turn on Tuesday as the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, presented witnesses to challenge the declared victory of All Progressives Congress (APC) candidate, Senator Monday Okpebholo.
At the heart of the case is the PDP’s assertion, led by Counsel Abiodun Owonikoko, SAN, that the Independent National Electoral Commission (INEC) failed to accurately reflect the will of the people.
The party alleged that discrepancies between polling unit results and accreditation reports accessed through INEC’s BVAS (Bimodal Voter Accreditation System) technology and IREV portal cast doubt on the election’s integrity.
Key witnesses for the PDP detailed alleged electoral malpractice in several local government areas: Kennedy Osifo, the PDP’s collation officer for Ikpoba-Okha Local Government Area, testified to significant discrepancies in 76 polling units within Ward II. He accused INEC of relying on incorrect figures to announce results.
Osifo submitted agents’ copies of polling unit results and certified BVAS reports to support his claims.
He stated, “The irregularities I observed were clearly documented in my witness statement on oath.”
Adebayo Ogedegbe, who coordinated results for Akoko-Edo Local Government Area, alleged irregularities in 45 polling units. He claimed that INEC computed scores contrary to certified results.
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Lucky Aroye, from Owan West Local Government Area, alleged over voting in nine polling units and failures to record sensitive election materials in seven others.
All witnesses urged the tribunal to adopt their statements as evidence. However, under cross-examination, they admitted relying primarily on documents rather than direct observation of polling activities.
Counsel for INEC, the APC, and Senator Okpebholo—Kalu Agabi, SAN, Onyechi Ikpeazu, SAN, and Ijala, SAN—opposed the admissibility of the documents tendered by the PDP. However, they reserved their detailed objections for final written submissions.
Justice Wilfred Kpochi, chairman of the tribunal, provisionally admitted the documents into evidence, allowing further scrutiny as the hearing progresses.
The witnesses’ testimonies also brought into focus the deployment of INEC’s BVAS technology, with claims of inaccuracies and inconsistencies in its usage. For example:
Osifo admitted that his observations were based on a “situation room” analysis rather than direct interaction with polling unit agents.
Ogedegbe acknowledged overseeing results from 241 polling units but admitted that sensitive BVAS materials were not inspected in the situation room.
This tribunal case underscores the critical importance of electoral integrity in Nigeria’s democratic process. If the PDP’s claims are substantiated, it could undermine public confidence in INEC’s ability to manage elections transparently and accurately.
The tribunal has adjourned proceedings to today (Wednesday) for further hearings. With both parties presenting compelling arguments, the outcome of this case will have significant implications for governance and the credibility of Nigeria’s electoral process.