The Court of Appeal Abuja, has reserved judgments in three appeals and a cross appeal filed challenging the outcome of the September 21 governorship election held in Edo State in which the Independent National Electoral Commission, INEC, declared Monday Okpebholo of the All Progressives Congress, APC as winner.
A three-man panel of the court, presided over by Justice Mohamed Danjuma, reserved the date to be communicated to the parties after their final arguments.
The appeals heard includes the one filed by the Peoples Democratic Party (PDP) and its candidate in the election, Asue Ighodalo and a cross appeal by the APC and Okpebholo.
The lawyers for the appellants while arguing the appeals prayed the court to allow their appeals and reverse the judgments of the election tribunal delivered on April 2.
Specifically counsel for Ighodalo and the PDP, Robert Emukpoeruo, SAN, urged the court to allow the appeal and set aside the judgment of the tribunal, argued that, in relationship to the appellants’ allegations of non compliance, the tribunal failed to appreciate the nature of the non compliance complained of.
Emukpoeruo notes that there was no record of serial number on Form EC25B as required by Section 73(2) of the Electoral Act, 2022, adding that “The tribunal said we required evidence of polling agents or witnesses to prove how the forms were filled or not filled.
“That was not our case. Our case was that the Form EC 25B did not contain the serial number.”
The appellants’ lawyer argued that the tribunal was also wrong to claim that the documents his clients tendered at trial were dumped on the tribunal.
He also noted that as against the tribunal’s finding, oral evidence was not needed in the nature of the case of the appellants, who were petitioners before the tribunal, stating that his clients did not challenge the conduct of the election, but the conflict in the results collated and announced.
In conclusion he pointed out that part of his clients’ contention was that the results that were collated at the ward level were not the results declared at the polling units.
However the lawyers for the respondents urged the court to affirm the judgments by the tribunal and dismiss the appeals.
Their counsel Onyechi Ikpeazu argued that the petition, which they filed before the tribunal and the appeal are totally an academic exercise.
Emmanuel Ukala, SAN, for the APC and Kanu Agabi ,SAN, for the INEC also argued in similar manner in praying the court to dismiss the appeal and affirm the judgment of the election tribunal.
Two other appeals were also heard, one filed by Action Alliance , AA and its National Chairman, Rufai Omoaje, and another filed by one Bright Enabulele and Accord Party (AP).
