The national and state assembly elections petitions tribunal in Benin has upheld the victory of Adams Oshiomhole in the February 25 Edo North senatorial district election declared by INEC.
The tribunal also upheld the election of Ihonvbere Julius of the APC, representing the Owan federal constituency.
The three-man tribunal, led by Justice O.A. Chuioke, dismissed the petition filed by a former senator, Francis Alimikhena of the PDP, for lack of merit.
Mr Alimikhena, through his counsel, Rasak Isenalumhe, had contested the election of Mr Oshiomhole, alongside INEC and APC, in suit number EPT/ED/SEN/02/2023.
Mr Alimikhena, in his petition, asked the tribunal to declare null and void the election of Mr Oshiomhole over non-compliance with the provisions of the Electoral Act 2022 as required by law and declare him the winner of the election.
Mr Alimikhena also urged the tribunal to nullify the election of the former APC national chair on alleged non-transmission of election results through the use of a BVAS machine to the IREV portal or to order a rerun of the election owing to non-substantial compliance with the law.
But in their separate responses, counsels to the respondents urged the tribunal to dismiss the petitioners’ case for lack of merit.
Delivering the unanimous judgment on behalf of the tribunal, Justice Alero Akeredolu held that the petitioners failed to prove their case, adding that they could not rely on the weakness or strength of the respondents to prove their cases against Mr Oshiomhole.
The tribunal 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 and, therefore, dismissed the petition against Mr Oshiomhole in its entirety.
The tribunal also dismissed the petition filed by Jimoh Iruokhaime Ijiegbai Ojeiu and PDP against the INEC declaration of Mr Ihonvbere as the winner of the Owan constituency. The tribunal also agreed with the argument of the lead counsel to Mr Ihonvbere, Ehiogie West-Idahosa, that Ojeiu’s petition failed in its entirety.
Mr Ojeiu and the PDP are first and second petitioners in the petition marked EPT/ED/HR/03/2023.
(NAN)
