By Newsmata
The three-member Justice Wilfred Kpochi-led Edo State Governorship Election Petitions Tribunal currently sitting in Abuja, has dismissed in its entirety the petition filed by the Action Alliance, AA, and its National Chairman, Adekunle Rufai Omoaje, against the victory of Governor Monday Okpebholo and the All Progressives Congress (APC) in the September 21, 2024 gubernatorial poll in the state. The tribunal struck out the petition for being frivolous and lacking in merit.
The Independent National Electoral Commission (INEC) had declared Okpebholo winner of the fiercely contested election with 291, 667 votes against Dr. Asue Ighodalo of the PDP’s 247, 655 votes. The AA, not satisfied with the outcome, approached the Tribunal seeking to upturn Okpebholo’s victory.
The petitioners had among other things, complained that INEC excluded its lawful candidate in the governorship election, that contrary to various court judgements, the electoral body accepted and recognised a candidate that was not validly nominated by the party.
According to AA, INEC’s failure to publish the name of its rightful candidate amounted to a substantial non-compliance to provisions of section 134(1) (b) of the Electoral Act.
However, in its judgement, the Tribunal held that the petitioners failed to establish their allegations of non-compliance with the Electoral Act and corrupt practices, submitting that corrupt practices do not exist in a vacuum.
The Tribunal further ruled that the petitioners could not also prove that those corrupt practices substantially affected the outcome of the election.
The Tribunal maintained that it is only a party that fielded a candidate that has the locus-standi to challenge the outcome of the election, stressing that this was not the case with AA.
Newsmata.com.ng recalls that the candidate of the AA, Tom Iseghohi-Okojie, had stepped down for Governor Okpebholo, a few days before the governorship election.
The Tribunal said the Petitioners woefully failed to prove their case, adding, they could only ventilate their grievances at the state high court not at the Tribunal.
It held that the Tribunal lacked the locus-standi to entertain the petition as it was a pre-election matter. It therefore dismissed it in its entirety for being frivolous and lacking in merit.
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, arguments upheld by the tribunal.