All Eyes on Edo Tribunal

As the Edo State Governorship Election Petition Tribunal which relocated to Abuja penultmate week continues to sit, the people of the state are hoping that it will maintain impartiality and independence, as well as upholds the rule of law and the principles of democracy, Davidson Iriekpen writes

The Edo State Governorship Election Petition Tribunal began sitting last week in Abuja. As the legal process proceeds, everyone is watching and waiting to see how the judges will respond to the challenge of justice in the electoral matter.

The tribunal, which had been sitting in Benin City, the Edo State capital, recently announced its relocation to Abuja for the continuation of the hearing.

It was gathered that the relocation to Abuja was at the instance of President of the Court of Appeal, Justice Monica Dongban-Mensem. 

She was said to have become uncomfortable with an allegedly toxic atmosphere in which the tribunal conducted its affairs in Benin City.

A source close to the electoral court claimed that the movement was due to insecurity at the premises of the tribunal in Benin City. The lives of the judges, counsel, witnesses, and others were believed to be at risk each time the tribunal sat.

The Independent National Electoral Commission (INEC) had declared Senator Monday Okpebholo of the All Progressives Congress (APC) winner of the September 21, 2024 governorship election in the state with a

total of 291,667 votes. His closest rival, Mr. Asue Ighodalo of the Peoples Democratic Party (PDP), got a total of 247,655 votes.

But dissatisfied with the outcome of the poll, the PDP and Ighodalo approached the tribunal, praying it to nullify INEC’s declaration of APC and Okpebholo as winners of the contest.

The petitioners, among other things, alleged non-compliance with the provisions of the Electoral Act. 

They equally argued in the petition, marked EPT/ED/GOV/02/2024, that Okpebholo did not secure the highest number of lawful votes cast at the election.

Before the relocation of the tribunal to Abuja, the petitioners had opened their case by tendering over 1,000 documents before the tribunal in their efforts to prove their case that Ighodalo truly won the poll.

Last week, the petitioners, satisfied with the evidence of 19 witnesses they produced to testify before the tribunal, closed their case.

However, since the tribunal relocated to Abuja, there have been rumours that the decision was actually a ploy to facilitate undue pressure and influence on the court and induce its members by one of the parties. 

Lovers of democracy are worried by this allegation. They only hope the change of venue will not affect justice or encourage interference by the powers that be in the nation’s capital.

Before the governorship election, all the odds were stacked against Ighodalo and PDP, as many questioned the neutrality of the police and INEC. The concerns followed allegations that the Resident Electoral Commissioner (REC) in the state, Anugbum Onuoha, and the Commissioner of Police, Mr. Nemi Edwin-

Iwo, were allies of Minister of the Federal Capital Territory (FCT), Nyesom Wike.

While the REC was alleged to be Wike’s cousin, who had also served as his Special Adviser on Lands when he was the governor of Rivers State, the police commissioner, who was said to be an indigene of Rivers State, was alleged to be an associate of Wike, a known political enemy of the then Governor Godwin Obaseki.

Despite the objections raised by the PDP that the posting of the police commissioner and the REC to the state could not have been a coincidence, but a deliberate plot to deliver Edo State to the APC, INEC and the police authorities ignored the objections.

But the reports of the various election observers on the collation of the results suggested that the pre-election fears were not baseless. The manner of collation of the results tainted the credibility of the poll, as voiced out by local and international observers.

Interestingly, the same INEC which declared Okpebholo and APC winners of the election, could not defend what it did last week. The commission which had said it had a line-up of five witnesses that would give evidence to support its results, failed to field any witness to defend its action.

The electoral umpire had persuaded the tribunal to adjourn the case till Thursday, stressing that the witnesses would come to Abuja from Benin-City.

But to the surprise of everyone in the courtroom, its team of lawyers led by a former Attorney-General of the Federation and Minister of Justice, Mr. Kanu Agabi (SAN), told the tribunal that it would not produce any witness to testify on its behalf. He said his team shelved the idea of bringing witnesses after it reviewed the case.

Following the absence of INEC witnesses and closure of their case, counsel to Governor Okpebholo, Onyechi Ikpeazu, and D. C. Dewigwe, who represented the APC, pleaded for an adjournment to enable them to gather their witnesses and open their cases respectively.

The proceedings so far have shift attention to the judiciary to right the wrongs of the democratic process using the instrumentality of justice. Analysts and lovers of democracy are demanding absolute impartiality and independence from the tribunal.

Some of the analysts who spoke to THISDAY on condition of anonymity said the outcome of the current electoral litigation will send out a powerful message about Nigeria’s commitment to democracy.

They hope the tribunal will not repeat the judicial shenanigans in Plateau State, where judgments in cases that were filed after the 2023 general election were allegedly delivered based on influence peddling and the bidding of a political party.

The alleged miscarriage of justice had led to the sacking of 23 members of PDP from the states and National Assemblies, and Governor Caleb Mutfwang.

Were it not for the public outcry, the mission of infamy would have also succeeded in Kano State.

Considering the fact that the President of the Court of Appeal appoints judges on the panels of election petition tribunals in the country and the Court of Appeal, there are concerns as to whether the Edo State governorship election tribunal will do justice in the electoral dispute.

Before President Bola Tinubu assumed office in 2023, many Nigerians had criticised the judiciary for delivering questionable judgements, but the situation has refused to change. The all-important third arm of government is widely seen as being captured.

Nigerians believe any attempt to influence the tribunal’s proceedings or outcome would be a betrayal of public trust in the democratic institutions.

One analyst, who craved anonymity, stated, “We appeal to President Bola Tinubu and the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, as custodians of what guides us as a people; we urge you to ensure that the tribunal is free from any form of negative interference from any quarters.”

He added: “We call upon the tribunal to remain impartial and independent, upholding the rule of law and the principles of democracy. The people of Edo State and, indeed, all Nigerians, deserve nothing less.”

Whether the system would uphold democracy of the Edo State election tribunal, and guarantee equal justice for all at the end, only time can tell.