The declaration of the Independent National Electoral Commission of Senator Adams Oshiomhole of the All Progressives Congress(APC) as the winner of the February 25, 2023, Edo North Senatorial District election has been affirmed by National and State Assembly Election Petitions Tribunal sitting in Benin, the Edo State capital, on Monday, 4 September, 2023.
The tribunal also upheld the election of House leader, Julius Ihonvbere of the APC as the member representing Owan Federal Constituency.
Recall that Alimikhena, through his counsel, Rasak Isenalume, had petitioned the former Governor of the state, Oshiomhole, alongside the INEC and APC, Suit No. EPT/ED/SEN/02/2023.
The first petitioner, Alimikhena, in his petition, asked the tribunal to declare null and void the election of the second respondent, Oshiomhole, over non-compliance with the provisions of the Electoral Act, 2022, as required by law, and declare him the winner of the election.
He also urged the tribunal to nullify the election on the alleged ground of non-transmission of election results through the use of the Bimodal Voters Accreditation System machine to the IREV Portal.
Alimikhena, on the other hand, prayed for the tribunal to order a rerun of the election owing to what he described as non-substantial compliance with the law.
But in their separate responses, counsels to the respondents urged the tribunal to dismiss the case of the petitioners for lack of merit.
Delivering the unanimous judgment on behalf of the tribunal chairman, Justice Alero Akeredolu held that the petitioners failed woefully to prove their case, adding that they could not rely on the weakness or strength of the respondents to prove their cases against Oshiomhole.
Justice Akeredolu also held that the petitioners failed to tender before the tribunal any relevant document to prove a case of non-compliance as contained in their petitions.
The tribunal, however, dismissed the petition against Oshiomhole in its entirety.
Also, the tribunal dismissed the petition filed by Jimoh Ijiegbai and the PDP against the INEC declaration of Ihonvbere as the winner of the Owan Federal Constituency.
The tribunal also agreed with the argument of the lead counsel to Ihonvbere, Mr Ehiogie West-Idahosa (SAN) that Ojeiu’s petition failed in its entirety.
Ojeiu and the PDP are the first and second petitioners in the petition marked EPT/ED/HR/03/
