The 2024 Edo Governorship Election Petitions Tribunal witnessed a sharp disagreement on Wednesday as the All Progressives Congress urged the tribunal to dismiss the petition filed by the People’s Democratic Party challenging the victory of Governor Monday Okpebholo.
APC counsel, Ferdinand Orbih, SAN, argued during a pre-hearing session in Benin that the PDP’s petition was incompetent, claiming it was not filed in accordance with legal provisions.
He asserted that the tribunal lacked jurisdiction to entertain the matter, citing grounds for dismissal outlined in a motion dated 30 November and supported by a seven-paragraph affidavit.
In response, PDP counsel, Ken Mozia, SAN, countered the APC’s arguments, urging the tribunal to disregard the dismissal motion.
Mozia stated that the petitioners had filed a reply and counter-affidavit opposing the motion.
The tribunal’s chairman, Justice Wilfred Kpochi, reserved a ruling on the motion until the final judgement day.
“I have heard the arguments from both counsels, including the APC’s call for a ruling on its motion to dismiss the petition. The ruling will be delivered on the final day,” Justice Kpochi said.
In a subsequent motion, the APC sought to strike out specific paragraphs in the PDP’s petition. Orbih argued that the tribunal should address this motion before proceeding with the main petition. However, PDP’s counsel opposed the application, describing it as lacking merit and urging the tribunal to dismiss it.
Justice Kpochi reiterated that all preliminary motions would be ruled upon alongside the final judgement.
Earlier, the PDP filed four motions seeking to expunge various paragraphs from the replies submitted by the Independent National Electoral Commission, the APC, and Okpebholo to its petition.
The tribunal adjourned proceedings to Saturday for the parties to file a common proposal to guide subsequent hearings.
This development sets the stage for further legal manoeuvres ahead of the substantive hearing into the PDP’s challenge to Okpebholo’s declaration as the winner of the 21 September election.
INEC had declared Okpebholo the winner, polling 291,667 votes to defeat the PDP’s Asue Ighodalo, who garnered 247,274 votes, and the Labour Party’s Olumide Akpata, who scored 22,763 votes.
Edo LG chairmen denounce suspension, claim violation of Supreme Court ruling
In a related development, the 18 local government chairmen in Edo State have criticised their suspension by the Edo State House of Assembly, describing the action as a violation of the Supreme Court’s judgment on local government autonomy.
The embattled chairmen, along with their deputies, also cited a recent judgment by the Edo State Chief Judge and an interim court order restraining any action against them.
Led by Newman Ugiagbe, the chairman of the Association of Local Governments of Nigeria, Edo State chapter, and the chairman of Orhionmwon Local Government Area, the officials addressed journalists on Wednesday at the Nigeria Union of Journalists Secretariat in Benin.
Ugiagbe asserted that their tenure, which began on 4 September 2023, would run until September 2026, as they were democratically elected and not appointed.
He stated, “Politics is different from governance. What is happening is politics, but we are products of the law, elected by the people, not appointees. Our tenure is backed by the Constitution.”
According to Ugiagbe, the suspension stemmed from a petition by Governor Monday Okpebholo titled “A Petition of Gross Misconduct and Insubordination Against the Leadership of 18 Local Government Councils”, dated 16 December 2024. The governor alleged acts of gross misconduct by the council chairmen, citing Section 10(1) of the Edo State Local Government Law (2000).
However, Ugiagbe contended that Section 10(1) of the state law contradicts Section 7(1) and (4) of the 1999 Constitution (as amended), which guarantees local government autonomy.
“In a judgment delivered by the Chief Judge of the Edo State High Court in Suit No. B/257oS/2024, the court declared Section 10(1) of the Edo State Local Government Law, 2000 unconstitutional, null, and void. Any directive by the governor to dissolve or suspend elected local councils before the expiration of their tenure was deemed ultra vires,” he said.
He added that a reminder of this judgment, along with another interim order restraining the state government from interfering in council administration, had been served on the Speaker of the House of Assembly on Wednesday morning.
The chairmen called on security agencies, including the Nigeria Police, DSS, and NSCDC, to safeguard council assets and enforce the court’s rulings.
In response to the controversy, the state’s Attorney General and Commissioner for Justice, Samson Osagie, defended the Assembly’s decision, stating that the findings of a panel of inquiry would determine the fate of the suspended officials.
