A mild drama unfolded at the Justice Wilfred Kpochi-led three-member Edo Governorship Election Petition Tribunal sitting today, Wednesday, January 12, 2025 when an All Progressives Congress(APC) Collation Agent and Witness, Theophilus Afuda, who earlier claimed there was no over-voting in his written statements on oath, made a dramatic U-turn. Afuda admitted evidence of over-voting and non-serialisation of electoral materials in some disputed polling units in Esan North East LGA as alleged by the petitioners, the Peoples Democratic Party (PDP) and its Guber Candidate, Dr Asue Ighodalo.
Testifying before the Tribunal on the petition marked EPT/ED/GOV/02/2024 and filed by PDP Candidate, the witness told the court that he was LGA Collation Party Agent for the APC in Esan North East LGA during the September 21 2024 governorship election in the state.
Grilled under cross examination by petitioners’ counsel led by Adetunji Oyeyipo and Abiodun Owonikoko SAN, the witness accepted that there was indeed over-voting when confronted with figures contained in CTC evidence of the affected polling unit result sheets presented by the petitioners.
In addition, the witness also admitted under oath that the Independent national Electoral Commission (INEC) failed to make, in the prescribed forms, prior recordings of the serial numbers of sensitive electoral materials used for the conduct of the election in the disputed Polling Units in Esan North East LGA contrary to the Electoral Act
“Take a look at the Form EC25b you are holding. There is no entry of serial numbers of result sheets nor of the BVAS machine. Can you confirm?” Owonikoko SAN queried the witness
“I can’t find it,” the witness responded.
The Petitioner’s Counsel went further: “There is no name of the person who filled it, no address, serial number of result sheets.”
“YES, they are not there,” the witness admitted under cross examination.
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Efforts by Emmanuel Ukala, lawyer to the respondents’ (APC), to stop further cross examination of the witness proved abortive as the Tribunal insisted that the process must continue conclusively.
It may be recalled that PDP and its candidate, Dr Asue Ighodalo, had filed a petition challenging INEC’s declaration of Senator Monday Okpebholo as Governor of Edo State, citing multiple incidents of over voting, Non Serialisation of Electoral materials and incorrect computation of scores in favour of APC during the September 21, 2024 Governorship Election in the state.
This admission by APC witness further reinforces the petitioners’ claims and strengthens their case against the respondents as the tribunal enters into a crucial phase.
