It’s rare for an election loser in Nigeria to move to lodge a petition at the tribunal for a retrieval of the alleged “stolen mandate” they often claim the people have given to them at the poll. Whatever the degree of their grievances, the election loser will wait till the 11th hour before filing a petition.
It’s as if they deliberately stall the process, to play for time to traffic in alleged election malpractice. It’s easy to make serious allegations of skewed process: disenfranchisement of voters; suppression of votes; over-voting; buying of votes; alteration of results; and connivance of the electoral body, the party of the poll winner and the police – all of which must be “proved beyond all reasonable doubt,” and “in substantial compliance” with the relevant electoral laws.
In the case of the Edo governorship poll of September 21, 2024, the Peoples Democratic Party (PDP) and its candidate, Dr Asue Ighodalo, have made weighty allegations against the Independent National Electoral Commission (INEC), the All Progressives Congress (APC) and the police on the grounds of “fraudulent and wrongful” declaration of Senator Monday Okpebholo (APC, Edo Central) as the winner of the election.
On September 29, the PDP and Ighodalo quickly obtained an order of the Edo State Election Petitions Tribunal, directing the INEC to “hand over the comprehensive list of electoral materials in its custody for the inspection of Ighodalo and the PDP, and the taking of the Certified True Copy (CTC) thereof.”
The three-member tribunal Chairman, Justice W. I. Kpochi, gave the order in the suit marked, EPT/ED/GOV/01M/2024, between Ighodalo and the PDP, as Applicants, and the INEC, Okpebholo and the APC, as Respondents. Before – and since the conclusion of the process on September 22 – Ighodalo has spoken about being deprived of “victory,” and vowed to regain his “stolen mandate” with the evidence at his disposal, telling Channels TV’s ‘Politics Today’ programme on September 27, as reported by Daily Trust, that the INEC, APC and the police colluded to rob him of his “mandate.” The Ighodalo/PDP camp also alleged an underhand tactic by the INEC and APC to frustrate their getting justice at the tribunal.
Amid allegation of “doctoring” of the election materials – to sustain the reported manipulated results in favour of Okpebholo – the Ighodalo/PDP team applied to inspect the electoral materials, to enable it flesh up its petitions, and meet the deadline for filing of petitions at the tribunal. The Ighodalo/PDP accusation comes as officials of the INEC office in Benin City, Edo State capital city, reportedly refused to allow the applicants’ counsel to examine the election materials, as directed by the tribunal.
The PDP National Publicity Secretary, Mr. Debo Ologunagba, firing on all cylinders on October 7, said: “The action of the INEC in Edo State validates reports of criminal connivance of some INEC officials with the APC to obstruct the course of justice and suppress evidence of the manipulation and doctoring of election results which was clearly won by the PDP and its candidate.
“Information available to the PDP indicates that the heavily-compromised INEC officials and the APC are working to alter the data in the BVAS machines, results sheets, ballot papers and other vital information in favour of the defeated APC candidate.
“INEC and the APC must know that there is no way the PDP and the people of Edo State will allow the mandate freely given to our party and candidate at the September 21, 2024, Edo State governorship to be illegally transferred to the APC which was defeated at the election.”
However, the INEC office in Benin City has denied obstructing any political party from inspecting election materials and BVAS machines used for the governorship, with the Resident Electoral Commissioner (REC), Dr Anugbum Onuoha, in a statement on October 9, decrying the allegations.
Onuoha said: “The attention of INEC and my office has been drawn to certain unfounded allegations suggesting that I have refused political parties and their representatives’ access to inspect the BVAS devices and other election materials used during the recent election.
“We wish to categorically state that these allegations are baseless, misleading, and completely devoid of truth. INEC, under my leadership in Edo, remains committed to upholding the highest standards of transparency, fairness, and integrity of all electoral processes.
“We are dedicated to supporting the lawful processes that enable parties to seek redress in the courts. In furtherance of this commitment, I wish to inform the public that the inspection of the election materials, including the BVAS devices, has been formally scheduled for Wednesday (October 9) at the INEC headquarters in Benin.”
But on that Wednesday, the inspection couldn’t hold due to objections raised by the Okpebholo/ APC lawyers: That they are only served, at the venue, the tribunal order for the Ighodalo/PDP lawyers to inspect the INEC materials; and that rather than the BVAS machines, the inspection should commence with the register of voters.
So, the parties to the petitions should set sight on the ball, and leave shadowboxing that belonged in the campaign period!
Again on Thursday, October 10, the inspection couldn’t hold, owing to a reported clash between supporters of the APC and PDP, and gunfire by thugs around the INEC office; and Okpebholo/ APC’s lawyers’ petition to INEC, alleging that the BVAS machines and other election materials were conveyed in Edo State government vehicles, thus raising suspicion of possible tampering with the evidence by the Ighodalo/PDP team.
With no immediate response to the Okpebholo/ APC petition, the INEC postponed, indefinitely, the inspection of election materials, even as six of the 18 parties, including APC, which participated in the September poll – citing INEC’s inability to begin the process on October 11 – have rescheduled a joint inspection of the materials to today, at the INEC headquarters in Benin City.
As reported by PUNCH on October 10, counsel to Okpebholo/APC, Victor Ohionsumua, told journalists that the party would only return for the inspection once their petition had been addressed, stating that the Edo APC Chairman, Emperor Jarrett Tenebe, submitted the petition to the state REC, the Commissioner of Police, and the Department of State Services (DSS) in Edo.
Mr Ohionsumua said Mr Tenebe observed that the BVAS machines and voter registers were brought into the INEC complex a few days ago in Edo State Government vehicles, adding that: “On that basis, we raised an objection that the petition must be addressed before the materials inspection can proceed.
The INEC legal officer wanted to move forward with the inspection without directives from the REC. “We insisted on hearing from the REC, and that our petition must be addressed before proceeding. During this, the situation became chaotic, and we began hearing gunshots outside the complex.
The INEC Director of Operations then decided to adjourn the inspection indefinitely, citing security concerns. He has not informed us if we are to return on Friday (October 11).”
The question: Why did the INEC convey very sensitive materials – such as the BVAS machines and other materials used in the Edo governorship, which were billed for inspection by fierce rival political parties – with vehicles belonging to the Edo State government, which is controlled by the PDP and Governor Godwin Obaseki, who has “anointed” and promoted Dr Ighodalo to succeed him in November?