Update on POST-EDO 2024 ELECTION: Protests and Legal Drama Surround Governorship Election
BY HUSSEIN ADELEYE
The political atmosphere in Edo State has become tense following the September 21, 2024 governorship election. The election, which saw the People’s Democratic Party (PDP) candidate Asue Ighodalo contesting against the All Progressives Congress (APC) candidate Sen. Monday Okpebholo, has now become the subject of an election petition tribunal. The dispute revolves around allegations of electoral irregularities and manipulation of results.
On Monday 7th October, 2014, Scores of APC supporters, led by the Deputy Governor-elect, Rt. Hon. Dennis Idahosa, gathered outside the Independent National Electoral Commission (INEC) office in Benin City to protest an alleged plot by the PDP to tamper with election materials. The protesters blocked the entrance to INEC’s office, warning against any attempts to alter the results or documents ahead of the tribunal proceedings. This demonstration caused significant traffic congestion in the area, as protesters called on INEC to safeguard the integrity of the election materials.
The protest comes in the wake of a court order obtained by the PDP and its candidate, Ighodalo, which granted them access to inspect critical election documents in INEC’s custody. This court-enrolled order dated September 29, 2024, mandates INEC to provide comprehensive access to election materials, including voter registers, ballot papers, and the Bimodal Voter Authentication System (BVAS) machines, among others. The court also directed that all election materials be preserved and kept secure until the election petition tribunal has concluded its proceedings.
Despite this court order, Ighodalo’s legal team has faced delays in accessing the materials. Olusegun Jolaowo (SAN), a member of the PDP’s legal team, reported that although they submitted the court order to INEC, they were unable to begin the inspection process as expected. INEC’s legal department informed them that a schedule was being prepared for the inspection, but the PDP team had yet to gain access to the BVAS machines and other key documents.
The APC supporters are concerned that this inspection process could lead to tampering with the results, especially with the tribunal’s proceedings just around the corner. Both parties are gearing up for a legal battle at the Edo State Election Petition Tribunal, where the PDP is expected to submit its petition challenging the election results. The tribunal will play a crucial role in determining the outcome of this closely contested election.
With the petition deadline approaching on 12th October 2024, the tension between the APC and PDP is likely to escalate, as both sides seek to present their case before the tribunal.
The implications of the protest by the All Progressives Congress (APC) supporters in Edo State, as well as the legal actions taken by the People’s Democratic Party (PDP) candidate, Asue Ighodalo, are significant in terms of political stability, public perception of electoral transparency, and the functioning of the judiciary in resolving electoral disputes.
Implications of the Protest and Court Order
- Political Tension: The protest by APC supporters reflects growing tension between the two main political parties. This public show of discontent could escalate into further unrest if not properly managed. Protests of this nature often signal deep mistrust in the electoral system, which could undermine public confidence in the electoral process and the institutions responsible for overseeing it, including INEC and the judiciary.
- Potential Legal Complications: The PDP has obtained a court-enrolled order allowing them to inspect electoral materials, including voter registers and BVAS machines. This order is part of their effort to gather evidence for their election petition. However, the delay in granting access to these materials, as well as the APC’s concerns about potential tampering, could complicate proceedings. If APC supporters or officials believe that election materials are being compromised, they might pursue additional legal challenges, further prolonging the tribunal process.
- Impact on the Election Petition Tribunal: The Election Petition Tribunal is responsible for determining the validity of the election results based on the evidence presented. The outcome of this legal battle will have a direct impact on who ultimately holds the governorship in Edo State. If the tribunal finds that there were significant irregularities, it could nullify the election results, leading to a re-run or a change in leadership.
Legitimacy of the Protest
As tensions mount over the 2024 Edo State governorship election, the legitimacy of the APC-led protest outside the INEC office has become a key point of discussion. While protests are a vital aspect of democratic expression, the APC’s concerns about potential tampering of election materials during the PDP’s court-ordered inspection have sparked a debate over whether this demonstration is justified.
The legitimacy of the APC protest can be examined from two perspectives:
- Concerns about Electoral Integrity: Protests in a democratic system are a legitimate way for citizens and political parties to express grievances. The APC’s concern is that the PDP might tamper with election materials during the inspection process, potentially altering evidence in their favour. This concern stems from the fact that the PDP has been granted access to the materials. If these concerns are based on credible fears of tampering or unfair practices, the protest can be seen as a legitimate exercise of the right to peaceful assembly and a call for accountability.
- Court Order and Due Process: On the other hand, the PDP’s access to election materials has been granted by a court of law, which is an important part of the legal process in election disputes. The court’s decision to allow inspection of electoral materials is designed to ensure that both parties have access to the evidence needed to argue their case before the tribunal. The court’s order also includes measures to preserve and protect the materials, adding legitimacy to the legal process. If INEC follows the court’s order and ensures transparency in how the materials are handled, the protest may not have strong legal standing, as the court has already provided mechanisms to ensure fairness.
- Delays in Legal Processes: Protests that obstruct access to official offices like INEC can significantly hinder legal processes related to election disputes. If APC supporters block entry to INEC, it may prevent the PDP from promptly inspecting the electoral materials to which they are entitled, adversely affecting their ability to prepare their case for the tribunal.
As the battle for who governs Edo shifts to the courts, all eyes are on the judiciary to deliver an unbiased and impartial judgement, being the last hope of the common man.
- Adeleye is Communication Officer of ANEEJ