Edo Gov Poll Tribunal: Why INEC voided our polling unit results – witnesses

…as APC opens defence, lines up 28 witnesses

By Ikechukwu Nnochiri

ABUJA– The All Progressives Congress, APC, on Wednesday, said it has lined up 28 witnesses that would testify and tender exhibits before the Edo State Governorship Election Petition Tribunal sitting in Abuja.

The party made the disclosure after it opened its defence to the petition that is seeking to nullify the outcome of the governorship election that held in the state on September 21, 2024, which was declared in favour of its candidate, Governor Monday Okpebholo.

Among four witnesses the APC produced before the Justice Wilfred Kpochi-led three-member panel, included those that served as its Local Government Collation Agents, during the disputed election.

The witnesses, who were led in evidence by APC’s team of lawyers led by Mr. Emmanuel Ukala, took turns to explain why the Independent National Electoral Commission, INEC, cancelled results from some polling units within their respective LGAs.

According to the witnesses, INEC officials had during the collation process, discarded all the results that emanated from polling units where over-voting occured.

APC’s first witness, Mr. Afuda Theophilus, who told the panel that he is a businessman, identified result of the election from Esan North East, LGA, which was already an exhibit before the tribunal.

He told the tribunal that result of the election from his LGA was signed by an agent of the Peoples Democratic Party, PDP.

Mr. Theophilus confirmed to the tribunal that under Exhibit PCB-40, titled: Ballot Paper and Verification Statement, the Part A of the document was expected to be completed by an official of INEC before the opening of poll, while Part B was to be completed after the close of poll.

He told the tribunal that page 6 of the Exhibit PCB-40 relates to Esan North East LGA, adding that it was indicated that the document was for governorship election.

The witness further told the tribunal that under Part A of the Exhibit, the first item required the serial number of the Ballot Papers that were issued to the polling units.

When he was shown a copy of the document to confirm, the witness, said: “Yes, I can see serial numbers recorded on this document. They are: 0459785 and 0460292.”

He insisted that serial numbers of Ballot Papers issued to the respective polling units were filled.

However, while being cross-examined by a member of the legal team of the petitioners, Mr. A. J. Owonikoko, SAN, the witness, said he was aware that the PDP raised the allegation of over-voting in one polling unit in Esan North East LGA.

When he was shown Exhibit PDA-12, the witness confirmed to the tribunal that the total number of accredited voters in Unit 11, Ward 6, was 96.

He however admitted that after the election, it was recorded that APC got 53 votes, PDP 43 and one rejected vote.

Following a directive by the petitioners’ counsel, the witness calculate the votes and told the tribunal that it amounted to 97 as against 96 persons that were accredited to vote at the polling unit.

“From the calculation you did just now, do you not agree that there was over-voting?,” the petitioners counsel asked the witness.

“Yes, but to prove over-voting you will also need the BVAS report,” the witness insisted.

Likewise, third witness, Engr. Gabriel Iduseri, identified himself as APC’s Collation Agent for Oredo LGA, told the tribunal that there was no complaint about the conduct of the election by agent of any of the political parties that participated in the contest.

He, however, admitted that result from polling Unit 8, Ward 10, was cancelled at the Ward Collation Center due to over-voting, though he insisted that the voided results were not part of the results that INEC collated and released through its Form EC8C.

The witness told the tribunal that it was the responsibility of the electoral officers to confirm the correctness or otherwise of results submitted at the LGA level.

Answering questions from the petitioners, the witness said he filed his statement on oath in response to PDP’s claim about incorrectness of result from his LGA.

Asked if he was aware that in the petition, there was a table of 53 and 66 polling units in Oredo LGA, where petitioners alleged that INEC recorded the results incorrectly, the witness replied that though he read the petition, he could not recall the number of the disputed polling units.

While Mr. Kamarudeen Coker Bello, who was APC LG Collation Agent in Akoko-Edo LGA, stood his ground that there was no over-voting in his area, he acknowledged that the petitioners are challenging results from 17 polling units in the LGA.

On his part, the fourth witness, Hon. Frank David, who served as APC Collation Agent for Owan West LGA,
told the tribunal that INEC officials diligently collated all the results from the polling units, saying neither himself nor any other agent raised any issue about the final result.

He said himself, the PDP and Labour Party agents signed result of the election.

“No one was compelled to sign the result. My election duty only concerned Owan West and no other LGA.

“Throughout my duty, I had nothing to do with INEC’s IReV.

“I know that all the election materials were meant for designated polling units and throughout the election in my LGA, no one complained that wrong result sheet was used in different polling units.

“I am not aware of any presiding officer that was charged to court for non prior recording of the election materials,” he added.

Under cross-examination, the witness told the tribunal that though he was aware that INEC officials were meant to fill details of sensitive materials handed to them for the poll, he said he could not confirm if the procedure was followed since he did not serve as an official of the electoral body, during the election.

Shown IReV report of Form EC8A of Ward 4 Unit 19, the witness confirmed that though only 36 persons were accredited, votes recorded for the unit were; 28, 1 and 8, amounting to 37.

Also shown another exhibit containing result from Ward 8, Unit 8, he confirmed that the votes were; 54 and 25, amounting to 79, while 1 was marked as rejected vote, making it a total of 80 votes.

He told the tribunal that result of the election from Unit 5 was not accounted for as they were cancelled owing to over-voting.

Meanwhile, the panel adjourned further hearing till Thursday as APC’s lead counsel, Ukala, SAN, said the party was preparing a schedule of documents it would tender when the proceedings resume.

It will be recalled that INEC closed its own defence of the gubernatorial poll without producing any witness to testify before the tribunal.

The Commission had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closet rivalry, Asue Ighodalo of the PDP, who got a total of 247, 655 votes.

Aggrieved by the outcome of the poll, the PDP and its candidate approached the tribunal, praying it to nullify INEC’s declaration of the APC and Okpebholo as winners of the contest.

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 governor Okpebholo of the APC did not secure the highest number of lawful votes that were cast at the election.