Opinion
Edo Guber Tribunal: All eyes on Okpebholo as PDP, Ighodalo, INEC unexpectedly close cases
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By Ehichioya Ezomon
Today, Monday, February 10, 2025, is first D-Day for Governor Monday Okpehbolo at the Election Petitions Tribunal (EPT) sitting in Abuja, the Federal Capital Territory (FCT) of Nigeria. The ex-Senator (APC, Edo Central) is expected to begin defence of his declaration by the Independent National Electoral Commission (INEC) as the winner of the September 21, 2024, governorship election in Edo State.
Members of the public, especially the people of Edo State, are watching and waiting with bated breath, to see whether Okpebholo will toe the INEC line and close his defence without calling any witnesses to testify for him.
The INEC – which declared Okpebholo of the All Progressives Congress (APC) as the poll winner, having scored 291,667 votes (about 51.1%) – failed to call any of the five witnesses it slated to testify, despite persuading the three-man tribunal on January 5 to adjourn the case to January 6, as “the witnesses would come to Abuja from Benin,” Edo State capital city.
At the resumed proceeding on January 6, INEC’s lead counsel, Kanu Agabi (SAN), said his team had shelved the idea of bringing witnesses after it reviewed the case, adding, “My Lords, after we left you yesterday (Wednesday), we gave more thought to the matter and came to the conclusion that the sensible thing to do is to close the case of the 1st Respondent, which we hereby do,” Agabi told the tribunal.
Counsel for the Peoples Democratic Party (PDP) and its candidate, Dr Asue Ighodalo, didn’t express surprise by the turn of events, with Adetunji Oyeyipo (SAN) saying, matter-of-factly, that, “Frankly speaking, we are not surprised and it is well within the right of the 1st Respondent (INEC) to show such good discretion. We are not objecting.”
But in an undisguised elation, the PDP unsolicitedly offered expert’s opinion, pointing to the risk INEC’s failure to call witnesses poses for the Respondents. “This abrupt end to INEC’s defence leaves the electoral body relying solely on cross-examinations and arguments from APC and Okpebholo’s lawyers,” the party said.
The PDP, however, noted its pathway to claiming its “stolen mandate,” explaining that, “The tribunal has already admitted critical BVAS machines into evidence, devices that will expose over-voting and discrepancies in the declared results.”
The party added: “Testimonies from PDP witnesses, including local government agents and an expert witness (PW12), detailed systemic manipulation during result collation. Independent monitors, such as Athena Centre and TAP Initiative, have corroborated these claims, further denting INEC’s credibility.
“By opting not to call witnesses, INEC appears to be taking a gamble, leaving its defence in the hands of APC and Governor Okpebholo’s legal teams. Analysts suggest this approach could backfire, as INEC must now contend with its own certified records and the BVAS data, which clearly contradict the declared results,” the party added.
Yet, PDP/Ighodalo had similarly suddenly closed their case on Monday, February 3, after calling 19 witnesses to testify to their claim of winning the governorship poll, though Ighodalo, going by INEC’s declaration, scored 247,274 votes (about 43.3%) to place second to Okpebholo.
It’s uncertain how many of the 290 witnesses – earmarked to testify for the eight political parties appearing before the tribunal – belonged to PDP/Ighodalo. But as the main challengers of the poll, surely, hundreds were primed to testify for them!
Recall that the tribunal had adjourned in Benin City on Friday, January 24, after taking the testimonies of PW11 and PW12, and relocated sitting to Abuja on Tuesday, January 28, with the Plaintiffs expected to call more witnesses, some of who refused to show up to testify the previous week.
But alas on Monday, January 3, a counsel for the Plaintiffs, Robert Emukpoeruo (SAN), offering no rationale, told the tribunal that his clients had concluded their case (in just 10 days), having called 19 witnesses, thus dampening the proceedings that’d captured public attention since the hearing proper began on January 21.
Left to guess the ‘whys’ and ‘hows’ of the Plaintiffs’ action, several questions then arose: If PDP/Ighodalo called only 19 witnesses, did they cover the 765 of the 4,519 polling units, whose votes they query in their petition? Did the 19 witnesses supply and adduce enough evidence that rendered calling more witnesses unnecessary?
We’re reminded, though, as per Muhammad JSC, in Olonade v Sowemimo (2014) LPELR-22914(SC), 27 – in explaining the meaning of the standard of proof in civil cases, (and) the balance of probabilities – that:
“The court decides which side’s evidence is heavier, not by the number of witnesses called by either party or on the basis of the one being oral and the other being documentary, but by the quality or probative value of the evidence be it oral and/or documentary.”
So, in deciding to close their case after calling 19 witnesses, did PDP/Ighodalo think they’d met the legal threshold set out above, to prove their allegations of manipulation of the election?
“No, they didn’t,” declared the Acting Chairman of the Edo chapter of the APC, Emperor Jarrett Tenebe, whose voice was muffled when PDP/Ighodalo held the tribunal spellbound with evidential claims of electoral heist by the INEC, APC and Police, telling the News Agency of Nigeria (NAN) on January 3 that PDP/Ighodalo “abandoned their case abruptly because they have no case ab initio.”
Boasting that “the whole country and the people of Edo in particular would know that the APC won the election” when the Respondents open their case, Tenebe said: “They (PDP/Ighodalo) were called to testify but couldn’t produce more witnesses, so closing their case at this point amounts to abandonment of the case.
“If you are challenging about seven hundred and something polling units and you call only 19 witnesses, does that not amount to abandonment? I think they do not have a case, that is why they hurriedly closed their case today (January 3), which is a good thing for the APC.”
But it appears that Tenebe (like the PDP) was too early to guess the outcome of the petition, as the INEC on January 6 closed its defence without calling any witness, leaving the tribunal chairman, Justice Wilfred Kpochi, to rule that: “The request (by INEC) is granted and the first Respondent’s case is hereby closed,” and adjourned the matter to today, Monday, January 10, for Okpebholo to open his defence.
The three-man panel of Justices Wilfred Kpochi (Chairman), A.B. Yusuf and A.A. Adewole considers mainly alleged irregularities in the total number of votes cast in many polling units, which reportedly exceeded accredited voter-count recorded by the Bimodal Voter Accreditation System (BVAS) that the INEC deployed for the ballot.
While six parties question the credibility of the election in which INEC returned Okpebholo as the winner; the focus is on Ighodalo, who came second with 247,274 votes (about 43.3%) at the poll, with the PDP claiming those figures were manipulated to disfavour Ighodalo.
As hearing commenced in Benin City, the tribunal’s proceedings had witnessed the expected legal fireworks, with PDP/Ighodalo striving to unmask alleged massive rigging of the process that threw up Okpebholo as Governor, who’s sworn-in on November 12, 2024.
The party avers that – but for disfranchisement of voters; suppression of votes; over-voting; vote-buying; and connivance of the APC, INEC and Police to “gift” victory to Okpebholo – Ighodalo won the election, and should be declared as Governor of Edo State.
Going by testimonies of the Plaintiffs’ witnesses, PDP/Ighodalo seemed to hold their ground: That they won the election and INEC should’ve so returned. The witnesses tried to demonstrate alleged suppression, inflation and alteration of votes by the APC, INEC and Police, to the detriment of Ighodalo, a Lagos-based Lawyer and business tycoon.
Exuding confidence – and taking a page from PDP/Ighodalo’s sweeping allegations against APC/Okpebholo – the witnesses were even judgmental, pointing out votes that should’ve been counted or cancelled, and claiming that INEC’s reported rigging of the process amounts to a brazen breach of the Electoral Act 2022 (as amended).
Thus, if election petitions – and elections – are won on social media, PDP/Ighodalo would’ve breasted the tape before they closed their petition marked: EPT/ED/GOV/02/2024, as reports on the proceedings were salaciously-headlined, portraying PDP/Ighodalo to’ve rubbished and made mincemeat of INEC’s declaration of Okpebholo as the poll winner.
Hence, there’s fear and anxiety that Okpebholo may also fail to call witnesses, and rely on the alibi that PDP/Ighodalo’s documentary evidence, and oral testimonies by the witnesses didn’t prove the Plaintiffs’ case “beyond reasonable doubts,” and “in substantial compliance with the electoral laws.”
Prior to the start of hearing on January 21, the Respondents, via Ferdinand Orbih (SAN), had asked the tribunal to dismiss the Plaintiffs’ petition on grounds of “incompetence” and “not filed in accordance with the extant law,” and to hands-off the petition for “lack of jurisdiction?”
An inkling to such a possibility was the prayer by Okpebholo’s counsel, Onyechi Ikpeazu (SAN), on Thursday, January 6, for the tribunal to grant him a date next week (this week), to enable him open defence, saying, “I never envisaged the first Respondent (INEC) would close its case today.”
“I have not arranged for witnesses to be moved from Benin. A date next week would be okay,” Ikpeazu said, even as he promised “not to use the entire 10 or five days” allotted to the second Respondent (Okpebholo) for his defence.
Reacting, Plaintiffs’ counsel argued that adjourning till Monday (today) would be too long, and urged the matter be adjourned to Saturday (January 8) for Okpebholo to open his defence. But the tribunal rejected the plea, and subsequently fixed February 10 for Okpebholo to open his defence.
So, will Okpebholo advance his defence today by limiting the number of witnesses to be called, and reducing the alloted number of days thereoff; relitigate the pre-hearing call for the tribunal to dismiss the Plaintiffs’ petition; or align with INEC’s counsel, Agabi’s claim, and aver that his (Okpebholo’s counsel, Ikpeazu) “did justice to the case during the cross-examination of the petitioners’ witnesses?”
Members of the public are anxiously waiting for Okpebholo’s moves on his first D-Day at the tribunal, which may be a harbinger of what to expect on his second D-Day during the tribunal’s judgment to close out the 180 days (six months) allotted by law to consider and decide the petitions!
Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria. Can be reached on X, Threads, Facebook, Instagram and WhatsApp @EhichioyaEzomon. Tel: 08033078357
Opinion
Babangida’s Confession and Atonement: Quo Vadis?
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By Professor Mike Ozekhome, SAN, CON, OFR, LL.D.
I have carefully read and listened to former Nigerian military president, General Ibrahim
Badamosi Babagida’s public remorse and regrets over the atrocious annulment of the June
12,1993 presidential elections. He did this 32 whopping years later. I want to very quickly say
that it takes a man with strong guts and balls and a man who has become repentant, born
again and has seen the face of God to publicly recant his earlier wrongful deeds and offer
public apology to the entire nation. This was no doubt meant to heal gapinng wounds and
balm wounded and bruised hearts.
The polls, the best, most transparent and credible elections, ever held in Nigeria till date,
were meant to end decades of military d The annulment threw Nigeria into turmoil and
widespread unreast, protests, maimings and killings. This forced Babagida to “step aside”;
the enthronenent of the Enest Shonekan’s Interim Government; and the arrest and detention
of Chief Moshood Abiola, the presumed winner who later died in Aso Villa in questionable
and suspicious circumstances. Of course, General Sani Abacha who was his second in
command later sacked Shonekan in a bloodless coup. For years, IBB prevaricated on the
annulment, claiming he did it in the best national interest. But on Thursday the 21st of
February, 2025,Babangida during the presentation of his memoirs, “A journey In Service”,
pointedly regretted in the public: “I regret June 12. I accept full responsibility for the
decisions taken and June 12 happened under my watch. Mistakes, missteps happened
in quick succession. That accident of history is most regrettable. The nation is entitled
to expect my expression of regret “. And wait for it:: he acknowledged for the first time that
Abiola won the elections fair and square, trouncing his major opponent, Alhaji Bashir Tofa.
I want to salute Babagida for having the courage and humility to own up like a man; that
everything that happened during the June 12 crisis took place under him as the head of state
and the president who was also the Commander-in-Chief of the Armed Forces of the Federal
Republic of Nigeria. I salute him for acknowledging that his government which actually
organised unarguably the freest, fairest and most credible elections in the electoral history
of Nigeria when it introduced option A4 from electoral books that were hithenlrto unknown
to Nigeria or to the world. But unfortunately, regrettably like he now admits, he again turned
around to annul the same elections in a way that was most bizarre, curious and unnatural.
To me, that he has come out to open up to doing something wrong and egregious to a
bleeding nation should be appreciated. I believe that Nigerians should forgive him because
to err is human and to forgive is divine ( Eph 4:32 ). I personally have now forgiven him
because I was also a victim of the June12 crisis. It threw up all manners of challenges to me
as a person, where in my very youthful age; in my thirties, I found myself marching on the
streets of Lagos every day- from Ikeja bus stop roundabout, to Ikorodu road; up to Tejuosho
market; from there to Ojuelegba, Surulere; to Mushin; to Shomolu and Igando, Alimosho.
Everyday, we were on the streets, protesting the mindless annulment. Some of us were killed
in process; some were lucky enough to escape abroad on self exile. But some of us- very few
indeed- refused to flee our dear country; we stayed back. We stared at the military eyeball to
eyeball. We challenge authority and spoke truth to power. We challenged impunity and
repression. I suffered several detentions across different detention centres. I virtually could
not find means of livelihood for my youthful family because I was profiled, my phones bugged
and no briefs were coming in. But I personally forgive him because it takes tons of guts to
make public confession of having erred and atone for same as he has now done.
It is confession that leads to penance and penance leads to restitution and then forgiveness.
If Babagida were to die today, I believe that he will see the face of God because he has prayed
God to forgive him; and he has prayed Nigerians to forgive him. Beyond that historic and
epochal mistake of the annulment of the June 12 election which constitutes his original sin,
let me place it on record that Babagida is one of the greatest presidents that Nigeria ever had
in terms of his ingenuity, rulership mantra; ideas for national resurgimento; ideas that
contributed greatly to nation-building. These were aside the IMF-induced loans and pills
which he introduced and which we again valiantly fought against successfully.
Babagida it was who gave birth to the Federal Capital Territory and laid the solid foundation for virtually everything you see there today. His government was peopled by intellectuals and
not by half illiterates and quacks. He recognized and used intellects. He was luminous and he built bridges of understanding, friendship and brotherhood across Nigeria. Nigerians,
please, accept IBB’s confession and forgive him his sin of annuling the June 12,1993
elections. Let the wounds heal; let the heart melt; and let the spirit of national triumphalism
prevail.
Opinion
DURBAR FESTIVAL: Ageless Heritage of Glamorous Display of Loyalty and Valour
Festivals world over are the most popular forms of celebrations in human existence. Whether as religious, culture, sports, film, arts and other traditional practices, festivals are pivotal events that could involve millions of people in the case of the religion related across the globe annually or periodically. They are events that bring people together and are characterized with merriments, ceremonies, and a lot of other forms of fun and bonding.
Nigeria as a multi ethnic and diverse society with over 250 ethnic groups is enriched with various forms of festivals observed annually with those of religions most prominent with the celebrations by Muslims and Christians. Similarly, the traditional worshippers retain their own forms of festivals all depending on the tribes and the culture involved. Several among the religious and cultural festivals in Nigeria include Christmas the celebration of the birthday of Jesus Christ, the Easter that heralds lent and the resurrection of Jesus after death while Islam has Eid-el Kabir and Eid El-fitri which is breaking of Ramadan fasting. At the level of culture and tradition there other festivals that comes to mind that includes Argungu fishing festival in Kebbi state, the new yam festival predominantly among the Ibo speaking tribes, Durbar festival, Calabar Carnival, Osun festival, Ojude Oba festival, Igue festival among the Benin people of Edo state, Oro festival, Osun festival, Sango festival, Egungun festival all among the Yoruba people, New Yam festival, Eyo festival popular among the people of Lagos Island in Lagos state and so on.
Durbar Festival
The word Durbar is traced to Persian and is connected with the ceremony marking the installation of Queen Victoria as the Express of Colonial India in 1877 while the word have been pronounced and propounded as “darbar” with dar meaning door and bar meaning entry or audience in Hindi-Urdu. In Nigeria, Durbar is a treasured cultural horse riding and display festival majorly among the Hausa people of the northern Nigeria to mark the Islamic holidays of Eid-el- Fitri [end of Ramadan} and Eid-el-Adha [the feast of the lamb]. The over 400 years old practice is said to have been introduced by Sarki Muhammadu Rumfa of Kano in the late 14th century as military parade and display when horses were used in battles to defend and protect the Emirate and also the opportunity to pay homage and demonstrate loyalty to the emir. It is also part of demonstration to showcase the readiness of the palace troops for battles and to also celebrate important political events. Available information has it that the first major Durbar in the country took place on the 1st of January, 1900 as part of the celebration to mark the transition of the Royal Niger Company to an imperial Protectorate.
Also known as horse ride festival it is worthy of note that horses and to some extent camels played prominent roles in the growth and developments of the today prominent Nigeria cities like Kano, Katsina, Zaria, Sokoto and Bida. In the 14th century before the sojourn of Christopher Columbus, aside being used during conquest and in battlefields under the command of the Madawaki who leads cavalry of horsemen with their horses loaded with various weapons, horses were used mostly for commercial activities particularly the trans Sahara trade expansion with items like salt, gold and farm produces.
Ceremonies
The activities and ceremonies involves “Hawan sallah” in Hausa language {meaning Mount of Eid} which in essence connotes the mounting of horse during the Eid or sallah celebration. The ceremonies begin with prayers at Eid grounds followed with parade of the Emir and his entourage on horses followed with drummers and trumpeters with the movement ending at the Emir’s palace. The parade includes hundreds of beautifully decorated horses with nobles in their best clothes followed by musicians and magicians all in a long procession in distinctive turbans {Rawani} clearly indicating their nobility and social status through streets to pay homage to the Emir. Other special attractions particularly in Kano Durbar which is acclaimed to possess the biggest parade of colouful horses in the world, include the display by the “hyena man” who carries out street performance with trained animals like hyenas and baboons which create a lot of excitements and entertainment for the hundreds of crowd in attendance.
The procession of the strictly male event showcases participants dressed in flamboyant turbans and robes with modes indicating their royal linage. Kano Durbar for example is four day event that commences with Hawan sallah on the day of Eid followed by the day 2 and most popular for its entertainment and glamour Hawan Daushe for the special visitation of the Emir and his colourful entourage to his mother in her domain. The display of various entertainers including magicians, drummers, dancers, stunt men and masquerades attract and witness the attendance and spectators across the globe. The other two days are for Hawan Nassarawa and finally Hawan Doriya which are both continuous aspects for merriment during the festival.
The Emir’s return from his mother’s visitation on the day 2 {Hawan Daushe} is followed by The Jahi that sees the him and his entourage ride through various important historical quarters and families before returning to the palace. On arrival the Emir in a military manner takes position to receive salutes and traditional greetings from the cavalry of riders along with the various district heads, their families and entourage in order of hierarchy. This is followed by the demonstration of loyalty and gallantry by all the riders and spectators present. After the homage and performances, [The Jahi] the palace guards take positions and fire several gunshots to signal the closure and end of the day and most important aspect of the four day festival.
Durbar festival has become annual festival celebrated across cities Northern Muslim dominated cities of Nigeria like Kano, Katsina, Sokoto, Zaria and Bida and was extended to Ilorin in Kwara state during Eid el-fitri and Eid El-Adha. Generally speaking, the Durbar festival is not just the most population cultural heritage of the Hausa people of the northern Nigeria and major parts of Niger republic but it is festival that unite and bring the people together to celebrate their unique historical and cultural heritage.
Durbar festival recently has witnessed more activities like car racing and other fun fairs that attract sons and daughters of Hausa decent, visitors and tourist annually to places like Kano, Katsina and Zaria. The glamour, popularity and attractions of Durbar particularly the Kano Durbar festival over the years, led to the recognition of the festival as one of the Intangible Cultural Heritage of Humanity by the UNESCO in in December 17, 2024. This laudable and significant achievement in the nation’s cultural heritage exemplified the extent to which the festival has become popular to the people and the role it places towards unifying the people through their rich cultural heritage. During the presentation of the UNESCO certificate, by the Permanent Delegation of Nigeria to UNESCO to the Minister of Art, Culture, Tourism and Creative Economy Barr. Hannatu Musawa, opined that the great achievement does “not only celebrates the beauty and unity of the festival but also creates opportunities for the preservation and promotion of cultural heritage. The country’s representative at the UNESCO in addition stated that “Having the Kano Durbar on the UNESCO list is a huge milestone for Nigeria” while the Minister in her view remarked that “the recognitions bring both international prestige and tangible benefits to the local economy”.
In comparison, while Ujude Oba yet another similar festival of the Ijebu people of Ogun state in Western Nigeria, entails the participation of both male and female across various age groups as part of the big sallah [Eid-edha] celebration of the Muslim faithful. While both festivals identify or are associated with royalty, palace events and horse riding, durbar is strictly a male show and more of an horse riding festival while the practice is just an aspect of horse riding is just an aspect of Ojude Oba festival.
It is hope that the recent drive by the present administration leverages on the recent recognition of Durbar by the UNESCO to create more awareness through wider media coverage with a view of boosting general interest and tourist attractions which shall cascade or stimulate growth of the sector and also serve as source revenue to the governments across all levels.
Abdulkareem A. Ikharo.
Curator [NCMM].
Abuja.
Opinion
Dr. Emmanuel N. Musa: Philanthropist Transforming Lives in Adamawa
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By Wilberforce Edward
As Nigeria continues to grapple with various socio-economic challenges, the selfless contributions of individuals like Dr. Emmanuel N Musa serve as a beacon of hope. A renowned philanthropist, Dr. Musa has been making waves with his tireless efforts to empower communities, particularly in Adamawa State.
Dr. Musa’s philanthropic journey is a testament to his commitment to giving back to society. Through his foundation, Emnamu Foundation, he has been providing scholarships, job opportunities, and infrastructure development to communities in need. His impact is felt not only in Hong Local Government Area but also across Adamawa State, the North East region, and beyond.
One of Dr. Musa’s most notable achievements is his unwavering support for education. He has awarded numerous scholarships to deserving students, enabling them to pursue their academic dreams. Additionally, he has provided job opportunities for youth and the aged, helping to reduce unemployment and poverty in the region.
Dr. Musa’s philanthropy extends beyond education and economic empowerment. He has also been instrumental in promoting peace and stability in communities affected by insurgency. His foundation has worked tirelessly to provide relief materials, shelter, and medical care to displaced persons.
Despite his remarkable achievements, Dr. Musa remains humble and dedicated to his philanthropic work. His commitment to giving back to society is genuine and not driven by political ambitions. As he continues to make a positive impact on the lives of many, Dr. Musa’s legacy as a renowned philanthropist is cemented.
As the 2027 governorship election in Adamawa State approaches, there are whispers that Dr. Musa may be considering a run for office. While this remains speculative, one thing is certain – Dr. Musa’s dedication to public service and philanthropy has earned him a reputation as a leader who truly cares about the welfare of his people.
As we celebrate Dr. Emmanuel N Musa’s remarkable philanthropic efforts, we are reminded that there are still good people in the world who are committed to making a positive difference. His selfless contributions serve as an inspiration to us all, and we can only hope that his legacy will continue to inspire future generations.
Wilberforce Edward is a public affairs commentator. He writes from Abuja-FCT.
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