The Peoples Democratic Party, PDP, and its governorship candidate, Mr Asue Ighodalo, have closed their case in the petition they filed to challenge the result of the September 21 governorship election in Edo State.
The petitioners closed their case on Monday shortly after calling 19 witnesses who testified of alleged irregularities, especially during the collation of votes at both the ward and local government levels.
The move to close their case was sequel to the tendering of five additional Bimodal Voter Accreditation System, BVAS, machines that were used for the election.
The electronic devices were tendered by a Senior Technical Officer in the ICT Department of the Independent National Electoral Commission, INEC, Mr. Anthony Itodo.
It will be recalled that following a subpoena order of the three-member panel led by Justice Wilfred Kpochi, INEC had last week tendered 148 BVAS machines used in 133 polling units in the September 21 governorship election.
The petitioners had anchored their claim against the outcome of the election on alleged wrongful computation of results during collation at the ward and local government levels.
After taking five witnesses last Friday, the tribunal has adjourned to Monday to enable the petitioners continue their case challenging the declaration of All Progressives Congress, APC, candidate, Monday Okpebholo as governor.
However, at the resumed hearing at the tribunal currently sitting in Abuja, the petitioners expressed satisfaction that they have established their case against the respondents, going by the testimonies of their witnesses and the plethora of documentary evidence brought before the three-member panel of justices.
Lead counsel to the petitioners, Mr. Robert Emukpoeruo, SAN, thereafter informed the tribunal led by Justice Wilfred Kpochi that they would be closing their case against the respondents.
Although, INEC, Okpebholo and the APC opposed the admissibility of the five BVAS machines, the tribunal however accepted them pending its ruling on their relevance to the case.
Meanwhile, the tribunal has fixed Wednesday for INEC to open its defence.
The electoral umpire had declared Okpebholo of the APC winner of the election after scoring a total of 291, 667 votes.
PDP’s Ighodalo came second with a total of 247, 655 votes.
Aggrieved by the outcome of the election, the PDP and its candidate approached the tribunal, praying it to nullify INEC’s declaration of Okpebholo as governor.
The petitioners, among other things, contended that the governorship election was invalid by reason of alleged non-compliance with provisions of the Electoral Act.
They equally argued in the petition marked: EPT/ED/GOV/02/2024, that Okpebholo of the APC did not secure the highest number of lawful votes that were cast in the election.
Meanwhile, Edo State Chairman of the PDP, Chief Anthony Aziegbemin, expressed confidence that the petitioners through their lawyers have done justice to the case.
“We think the case is pretty straight forward; we think it is documentary based. We think it is specific; we think the judiciary will give it some judicial cognisance of what we tendered before them.
“We believe that they have all they need from us and all what we should produce, I think we have given it to them. And we expect them to look at them and see how it goes. But suffice to say that it is not a petition as we used to have it in the country where you call a lot of witnesses.
“We didn’t need to call a lot of witnesses, we called NAIJAONPOINT es that we needed, to prove our case and make our case more solid,” Aziegbemin.
The Edo PDP chairman described as strange INEC’s objection to the admissibility of its own documents, adding that it “gives us and Nigerians something to think about”.
“Why will INEC oppose the documents it certified to the petitioners to be tendered in the open court?
“I think the tribunal will look into that and see why they are objecting, though they said they will give reasons at the address stage but it is strange. It doesn’t add up.”
Edo Guber: INEC tenders more BVAS machines at tribunal as PDP, Ighodalo close case