Facts
The 1st Petitioner was sponsored by the 2nd Petitioner as its candidate for the governorship election of Edo State conducted by the 1st Respondent (INEC) on 21st September 2024, wherein eighteen (18) contestants participated. The 2nd Respondent was the candidate of the 3rd Respondent at the election. Upon conclusion of the election, INEC declared the 2nd Respondent – Senator Okpebholo Monday – as winner of the election with a total score of 291,667 votes, against the 1st Petitioner’s 247,774 votes.
It was against this declaration that the Petitioners filed the petition on two grounds to wit: (i) the election was invalid by reason of non compliance with the provision of the Electoral Act, 2022 (“Electoral Act”); (ii) the 2nd Respondent was not duly elected by majority of lawful votes cast at the election.
The ground for non-compliance with the Electoral Act was predicated on two heads, namely: the alleged contravention of section 73(2) of the Electoral Act in 395 polling units resulting from the failure to pre-record the serial numbers and other particulars of result sheets, ballot papers, BVAS machines and other sensitive materials in form EC25B; and the alleged contravention of section 51(2) of the Electoral Act in that the total votes cast as recorded in form EC8A in 133 polling units exceed the total number of accredited voters based on the BVAS record of accreditation. This contravention allegedly comprises of 75 polling units where there was both overvoting and non-prior recording and 58 polling units where there was overvoting only.
