Hearing continued at the Justice Wilfred Kpochi-led three-member Edo State Governorship Election Petitions Tribunal on Tuesday, January 21, 2025, with revelations of massive over voting, how INEC illegally excluded votes scored by the PDP candidate, Dr Asue Ighodalo, and other irregularities during the September 21, 2024 election.
A total of three witnesses were called by the PDP at today’s hearing, all Local Government Agents. They are those of Ikpoba Okha, Akoko-Edo and Owan West. The witness from Ikpoba Okha was the first to take the witness box. He revealed how INEC unlawfully excluded a total of 2,840 votes scored by PDP governorship candidate, Asue Ighodalo in 76 polling units in Ward 2, Ikpoba Okha LGA during the 21st September, 2024, governorship election. The witness tendered IREV’s Certified True Copies (CTCs) of results sheets obtained from INEC and the duplicate copies of polling unit result sheets Form EC8A given by INEC to polling unit agents as documentary evidence.
It was revealed that while the correct scores are contained in the IREV duly Certified True Copies (CTCs) declared and uploaded at the various polling units, the incorrect scores were later computed in favour of APC at the ward to state level (Forms EC8B-E)
The witness stated that as a collation agent he thoroughly examined agent duplicate copies and INEC verified CTCs of all result sheets forms EC8A, EC8B, EC8C, EC8D used for the election and discovered that results from 76 polling units in Ward 2, Ikpoba Okha LGA were declared at the PU levels and uploaded on IREV before onward transmission to ward level for collation, but the results were not finally collated at the LGA and State level by INEC.
Under cross examination by counsel to respondents, Kanu Agabi (SAN), the witness reaffirmed that he was a collation agent in the election and examined the result sheets by himself.
The second witness, Akoko-Edo LGA Collation Agent exposed massive over voting in some PUs in the LGA. He showed that the numbers of votes cast far exceeded the number of accredited voters recorded by the Bimodal Voter Accreditation System (BVAS) deployed by the INEC.
While testifying before the Tribunal, the witness disclosed that there was over-voting in 8 Polling Units(PUs) as INEC BVAS report of accreditation showed clearly that the total number of votes cast and declared by INEC in result sheets Forms EC8A are in excess of the total accreditation figures captured by BVAS in 8 Polling Units in Akoko Edo LGA.
In addition, the witness also testified that INEC collated incorrect scores in favour of APC in 48 Polling Units across Wards 4 and 9 in Akoko Edo LGA of Edo State. He stated that from a thorough examination of agent copies and INEC CTCs of Results Forms EC8A, EC8B, EC8C, EC8D used to declare the results of the Governorship Election in the LGA, it was glaringly manifest that INEC made incorrect computation of the results in the affected polling units (PUs).
The total number of votes incorrectly computed and over-stated for APC in Forms EC8D by INEC officials amounted to 5,724 votes while a total of 2,171 votes were wrongfully deducted and understated for the PDP.
The Witness also testified in evidence that INEC failed to record in the prescribed forms, the serial numbers and other particulars of results sheets, ballot papers, BVAS machine and other sensitive materials used for the Election in 17 polling units (PUs) in Akoko Edo LGA as required by Electoral Act 2022 (As amended). The failure to comply with this mandatory requirement renders results in the affected polling units null and void.
During Cross examination by Oyechi Ikpeazu SAN, Counsel to the 2nd respondent (Okpebholo), the Witness reiterated that he was a Collation agent in the LGA and examined all the documents he mentioned in paragraphs 6, 18, 27 and 28 of his written statement on oath.
The Court consequently admitted all his documentary evidence and marked them as Exhibits Pn 1- 46 amid stiff opposition by Counsels to Respondents.
In a similar fashion, the 3RD Witness who, is from Owan West stated that the electoral umpire failed to record in the prescribed forms, the serial numbers and other particulars of result sheets, ballot papers, BVAS machines and other sensitive electoral materials used for the conduct of the election in 7 Pus across the LGA.
The Witness led documentary evidence in proof of how INEC breached its own Manual and Guidelines including the Electoral Act 2022 by their failure and inability to record serial numbers and particulars of all sensitive materials deployed for the election.
He stated that the failure of INEC to record the serial numbers and other particulars of result sheets is manifestly shown on the face of the forms EC25B and EC40A and renders election in the affected polling units invalid for failure to comply with the requirement of prior recording.
While answering questions posed to him under cross examination by respondents Counsels Oyechi Ikpeazu(SAN), Kanu Agabi SAN and Emmanuel Ukala(SAN), the witness identified INEC Manual including Ward and LGA results tendered in evidence. He also referred to paragraph 11, 15 and 16 contained in his written statements on oath.
Consequently, the Tribunal declined various objections raised by respondents Counsels, Onyechi Ikpeazu and Kanu Agabi to the admissibility of his evidence. The Tribunal admitted all the evidence and marked them as Exhibits PN 1, 2, 3,4 and 5 respectively.
Tuesdays sitting which began at noon wore on till well after 6 pm and then adjourned till Wednesday, January 22.
