The Edo State Governorship Election Petition Tribunal sitting in Abuja, today Wednesday, has dismissed a case by the Action Alliance, AA, seeking to nullify the election of the All Progressives Congress’s flag-bearer Monday Okpebholo.
Okpebholo was declared winner by the Independence National Electoral Commission INEC in the September 2024 polls and was sworn in on 12th November 2024.
According to the Justice Wilfred Kpochi-led three-member tribunal, the petition, which AA filed alongside its National Chairman, Adekunle Rufai Omoaje, lacked merit.
The tribunal held that the petition touched on pre-election issues which it lacked the requisite jurisdiction to entertain.
The petitioners had among other things, alleged that the Independent National Electoral Commission, INEC, excluded its lawful candidate in the governorship election that was held on September 21, 2024.
They alleged that contrary to various court judgements, the electoral body accepted and recognised a candidate that was not validly nominated by the party.
According to the petitioners, INEC’s failure to publish the name of the rightful candidate of the party for the gubernatorial contest amounted to a substantial non-compliance to provisions of section 134(1) (b) of the Electoral Act.
More so, aside from their contention that Governor Okpebholo of the All Progressives Congress, APC, did not secure the majority of lawful votes cast during the election, the petitioners insisted that the exercise was marred by corrupt practices.
Consequently, they prayed for the nullification of the election, a request the panel refused on Wednesday.
The panel upheld all the preliminary objections that were lodged against the petition.
All the Respondents, including INEC and Governor Okpebholo, had challenged the competence of the petition, stressing that the National Chairman of the AA was bereft of the locus standi to institute the action since he did not participate in the governorship poll.
They equally maintained that the petition was statute-barred as it contained pre-election matters that were beyond the jurisdiction of the tribunal.
The tribunal stated that the case revolved around pre-election matters, which were beyond its jurisdiction.
According to report, AA had argued that the Independent National Electoral Commission (INEC) unlawfully excluded their legitimate candidate from the September 21, 2024, governorship election.
They claimed that INEC had accepted and recognized a candidate who had not been validly nominated by the AA, contrary to various court judgments.
The petitioners also contended that INEC’s failure to publish the name of the rightful candidate for the gubernatorial election violated the provisions of section 134(1)(b) of the Electoral Act, which they argued was a substantial non-compliance with the electoral process.
AA further alleged that Okpebholo, did not secure the majority of lawful votes cast in the election, claiming that the election was tainted by corrupt practices.
As a result, they sought the nullification of the election, a request that was ultimately rejected by the tribunal.
