Edo tribunal rejects LP, APC petitions against Akpatason, Iyawe

On Monday, the National/House of Assembly Election Petitions Tribunal in Benin, the Edo State capital, confirmed the return of Peter Akpatason, the House of Representatives member representing the Akoko-Edo federal constituency.

The decision was rendered by a three-member panel led by Justice Justice Yusuf Mohammed in the petition marked EPT/ED/HR/10/2023 and filed by Labour Party candidate Omobayo Marvellous Godwin.

The panel dismissed Godwin’s plea as’meritless’ and inept, adding that the tribunal could not make a case for the petitioners.

According to the court, the petitioners have the burden of proof, and they cannot depend on the respondents’ admissions. Because the petitioners did not discharge the burden of proof as required by law, the petition is dismissed.

The panel also found that the petitioners failed miserably to demonstrate that the third respondent, the Independent National Electoral Commission, declared Akpatason the winner of the election illegally.

INEC named Akpatason the election winner with 14, 982 votes, while Godwin of LP came in third with 7992 votes.

Dissatisfied with the declaration, Omobayo petitioned the tribunal to question Akpakpava’s return on the grounds of noncompliance with the terms of the Electoral Act, 2022, among other things.

The tribunal also dismissed Hon. Osaro Obazee of the APC’s challenge for lack of merit against the election of Esosa Iyawe, winner of the February 25, 2023 Oredo Federal Constituency, to the House of Assembly.

Justice K. A. Leweanya delivered the unanimous decision on behalf of the panel, holding that the tribunal lacks jurisdiction to hear the case, which is primarily based on the qualifications of the second respondent, Hon. Esosa Iyawe.

According to the tribunal, the points highlighted in the petition were pre-election topics that should have been contested in the Federal High Court within 14 days of the event taking place.

“We held that the second respondent was a member of the third respondent and had been lawfully elected by the party’s primary election and had been presented to INEC for the election.”

“This petition is hereby rejected, and the second respondent is declared the winner of the Oredo Federal Constituency election held on February 25, 2023.”