The Edo State Election Petitions Tribunal sitting in Benin City on Wednesday dismissed the petition filed by Major General of the Peoples Democratic Party and affirmed the electoral victory of Governor Adams Oshiomhole.
The tribunal Chairman, Justice Muazu Pindiga, while dismissing the petition, said: “If this was a petition starved of evidence, this is certainly one.
“Judges cannot perform miracles or conjure evidence.
“The petition is bereft of any evidence and devoid of substance.”
The judge, who described the witnesses called by the petitioner as busy-bodies, then awarded a cost of N150,000 against Airhiavbere.
On the issues for determination, the tribunal chairman said: “On the issue that the election did not comply with the provisions of the Electoral Act, those who allege must prove.
“The petitioner is duty bound to prove or establish the grounds of allegations.”
He said the petitioner failed to prove or establish grounds of his allegations.
On the petitioner’s allegation of illegal amendment and manipulation of the voters register, harassment of voters and multiple voting, the tribunal said: “The allegations of commission of crime must be proved beyond reasonable doubt.
“To what extent has the petitioner been able to establish that new and altered voters’ register were used.
“The petitioner failed to prove the allegation and couldn’t produce evidence of the altered voters register used.
“Pleadings or petition without evidence cannot be relied on.”
On the petition that there were anomalies in the filling of Forms EC8A by the second respondent, the tribunal held that the petitioner did not tender any Form EC8A in proof of allegation.
“It also noted that none of those who gave evidence came from the units where they gave evidence on.
“The tribunal chairman also held that there was no relevance in the evidence given by many of the petitioner’s witnesses on this point, noting that evidence given that has no relevance goes to no issue.
On the allegation of harassment of witnesses, the tribunal held that the evidence of some of the witnesses is at variance with their pleadings.
The tribunal was especially hard on the witnesses from Owan East, describing them as busy-bodies whose evidence goes to no issue.
In conclusion, the tribunal said: “In totality, the petitioner has failed to prove his elaborate allegations, which turns out to be a sham.
“We hold that the first respondent won the election based on the result declared by the second respondent, winning in the 18 local government areas of the state, while the petitioner did not win in any local government, including his own ward.
“There was no infraction of the Electoral Act warranting us to void the election of Comrade Adams Oshiomhole.”
Earlier, the tribunal had struck out the paragraphs relating to the non-qualification of Oshiomhole, who flew the flag of the Action Congress of Nigeria, based on his certificates, noting that the Supreme Court had already ruled on that aspect.
Shortly after the ruling, Oshiomhole held a victory march round Benin City.
Joined by a mammoth crowd of supporters, the march took off from the High Court premises on Sapele Road, to the Oba Ovoramwen Square down to Mission Road and the New Benin Market, New Lagos Road, Lawani Street, Ibviame Street, Wire Road, Oba Market and Oba Ovoramwen Square.
The victory lasted several hours and covered about 8.6km.
The governor who was cheered by road users, traders and others during the victory march danced to melodious tunes during the march.
Addressing the mammoth crowd at the Oba Ovoramwen Square, Oshiomhole said: “This afternoon, I ask you to join me to thank God Almighty for upholding the victory of Edo people because unless God gives you victory no man can give you victory.
“We as ordinary people cannot understand or appreciate how the lions of yesterday have reduced to the mushroom of today. How the underdogs of yesterday have become the victors of today. How those who boast of money and influence have been humbled by the infinite powers of God using Edo people to speak loud and clear.
“I want to thank all of you across the 192 wards that voted on the 14th of July and resoundingly reposed confidence not only in me as the governor but also in my party, Action Congress of Nigeria ACN and the values that we stand for.”
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