By Hassanat Adebowale
The Governorship Election Petition Tribunal for Edo has reserved judgment in the petition filed by the Action Alliance (AA) challenging the outcome of the September 21, 2024 governorship election in the state. The three-member tribunal, led by Justice Wilfred Kpochi, announced on Tuesday in Abuja that the date for the judgment would be communicated to the parties and their counsels.
During the resumed hearing, the counsel to the petitioner, Mr. Adewale Adebayo, urged the court to uphold all arguments and submissions made on behalf of his client and to grant the reliefs sought. On the other hand, counsels for the All Progressives Congress (APC), represented by Mr. Anthony Umeri, the Independent National Electoral Commission (INEC), represented by Mr. Dike Udenna, and Governor Monday Okpebholo, represented by Ms. Linda Chuba-Ikpeazu, called for the dismissal of the petition. They argued that the petition was an abuse of court process and lacked merit.
It is noteworthy that petitions are typically filed jointly by parties and their candidates. However, in this instance, the National Chairman of Action Alliance, Mr. Adekunle Omoaje, filed a solo petition on behalf of the party. Omoaje’s petition is based on the claim that INEC failed to recognize the candidate nominated by the party for the Edo governorship election and did not acknowledge him as the National Chairman of the party, despite having secured a judgment affirming his position.
Omoaje argued that the exclusion of his candidate from the election was the basis of the petition and urged the tribunal to recognize him as the rightful National Chairman of Action Alliance.
The tribunal’s decision on the matter is eagerly awaited, as it will determine the legitimacy of the election and the future political landscape in Edo State.
The right to contest elections is fundamental, and the courts have often ruled that wrongfully excluding a candidate can be grounds for nullifying an election. However, Section 285 of the 1999 Constitution (as amended) and the Electoral Act of 2022 set strict criteria for election petitions. These include the need to prove substantial non-compliance with electoral laws.
For Action Alliance (AA) to succeed, they must show not only that their candidate was unlawfully excluded but also that this exclusion impacted the election’s result. The tribunal’s decision will likely hinge on whether INEC’s actions constituted a significant enough breach to invalidate the vote.
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