By *Ehichioya Ezomon*
It’s rare for an election loser in Nigeria to move apace 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. Whatsoever the degree of their grievances, the election loser will wait till the eleventh hour before filing a petition. It’s as if they deliberately stall the process for a couple of reasons:
1) To play for time, to traffic in alleged election malpractice, and exert maximum pressure on the candidate, who’s declared as the winner of the poll, to send a message that it’s not yet time to rejoice over the purported “stolen” ballot. 2) When the aggrieved aren’t sure they can get judgment at the tribunal with the kind of allegations they levied, and the evidence against the “poll winner,” their party, the electoral umpire and security agencies.
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 doubts,” and “in substantial compliance” with the relevant electoral laws.
In the case of the Edo governorship 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 poll.
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, giving 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, said it’s hereby ordered:
“That the 1st Respondent is directed to grant the Applicants or their Solicitors and Forensic documents Examiners unfettered access to and open up for inspection all electoral documents or any document in the custody of the National Chief Electoral Commissioner or any officer of the Commission/1st Respondent particularly the Voter Registers, the ballot papers, the BVAS machines, Forms EC25B, EC 25B(1), Forms EC40A and Forms EC40C which were utilised for the conduct of the Edo State Governorship Election held on the 21st September 2024.
“That the 1st Respondent is mandated to take immediate steps to ensure that all the Forms: EC25B, EC25B(I), EC40A, EC40C, EC40G, EC40G(I) used at the gubernatorial election of 21st of September, 2024 either in the custody of the Chief National Electoral Commissioner, Resident Electoral Commissioner of Edo State or any other officer of the Commission are preserved, kept temper-proof and secure pending the filing, hearing and determination of the Petition to be filed by the Applicants.
“That the 1s Respondent is further directed to produce and give to the Applicants, forthwith upon payment of appropriate certification fees, a List of accredited agents of all the political parties that participated in the Edo state gubernatorial election. Voters register for each of the polling units.”
Before – and since the conclusion of the process on September 22 – Ighodalo’s 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’ on September 27, as reported by Daily Trust, that the INEC, APC and the Police colluded to rob him of his “mandate.”
Ighodalo said: “There was a collusion between the INEC and the police to suppress the will of the people of Edo State. People of Edo State purposely voted for us (PDP). We won the election clearly. But we have serious collusion by INEC and the APC working towards votes not counting. But this time around, we will go through the judicial process and the vote will count.”
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.
But 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.”
Responding to the Ighodalo/PDP allegations, the INEC office in Benin City 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 accusation.
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’re 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.
Again on Thursday, October 10, the inspection couldn’t hold, owing to a reported clash between supporters of the APC and PDP, and gunfires 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 Monday, October 14, 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’s controlled by the PDP and Governor Godwin Obaseki, who’s “anointed” and promoted Dr Ighodalo to succeed him in November 2024?
But REC Onuoha denied the Okpebholo/APC allegation that the Ighodalo/PDP team smuggled BVAS machines and voter registers into the INEC office, stating that a thorough investigation found the charge to be “baseless and unsubstantiated,” The ConclaveNg reported on October 11.
Onuoha said: “Following a comprehensive review of the allegations, it has been determined that the allegations are baseless, unsubstantiated, and entirely without merit. INEC maintains a steadfast commitment to upholding the integrity of the electoral process, and at no time were the BVAS machines or voters’ registers compromised or unlawfully accessed by any political party or external entity.
“In light of these findings, we are in full compliance with the recent court order, directing the inspection of electoral materials, including the BVAS machines and voters’ registers. INEC is prepared to facilitate this inspection process, ensuring transparency and adherence to the rule of law. We urge all parties to cooperate fully during this process.”
The Okpebholo/APC team had reportedly “smelt a rat” when the Ighodalo/PDP camp proceeded to the tribunal, to obtain an order on Sunday, September 29, to inspect the INEC materials used for the Edo election, prompting thousands of APC’s supporters, on October 7, to protest an alleged plot to “tamper with the result sheets and other materials.” They blocked the entrance into the INEC office in Benin City, creating a gridlock around the area.
Reportedly led by the Deputy Governor-elect, Hon. Dennis Idahosa (APC, Ovia Federal Constituency), the APC supporters allegedly acted on a piece of intel: That Governor Obaseki suddenly returned from his “terminal leave” overseas “with Sophisticated Infrared-Driven Technology, with preloaded results, to manipulate the INEC database.”
A social media post by “Akpakomiza Media Strikers” – one of the political groups that campaigned for the election of Okpebholo – stated that, “credible sources have raised concerns about the true intent behind Obaseki’s recent trip to Italy, shortly after the Edo State gubernatorial election,” alleging that the trip was a “calculated scheme to manipulate the election results through sophisticated technology.”
According to the post: “Obaseki is said to have access to specialised software capable of interfering with the INEC portal. It is claimed that this infrared-driven software has been pre-configured to alter the election data once Obaseki gains access to the relevant systems. The people of Edo State, having participated in a democratic process, are being alerted to remain vigilant and to resist any last-minute attempts to undermine the integrity of the election.”
In a tensed political season like the one in Edo State, aftermath of the September 21 governorship, deliberate falsehood, and unverified and unsubstantiated allegations will fly around in attempts to smear and disorient opponents, and sway or influence members of the tribunal hearing the election petitions.
But election petitions aren’t decided or won on social media – as the 2023 General Election has starkly shown – but at the tribunal before which must be placed verifiable facts and figures, and convincing arguments for an informed decision. So, the parties to the petitions should set sight on the ball, and leave shadow-boxing that belonged in the campaign period!