The governorship election in Edo State in September 2024 has been under scrutiny before the Edo election tribunal for allegations of non-compliance with the electoral act and other election irregularities that, according to the PDP in Edo State, should render the results invalid. The case before the election tribunal has seen various developments over the course of the trial, the most alarming yet being the testimony of the lone witness of Governor Okpebholo under cross-examination, who admitted to the allegation of over-voting in one of the polling units. The inadvertent confession of the governor’s witness could have far-reaching consequences for the governor’s case before the tribunal. The governor’s counsel, probably demoralized by the witness statement, drew the curtain on his defense with just one lone witness and an advertent confession.
What happens when a witness makes an advertent confession?
The effect of a witness’s claim during cross-examination is largely dependent on the weight the court places on the testimony. The court might decide to adopt the testimony of the witness during cross-examination in favor of the other party, or the other party could adopt the witness testimony as substantial proof of their claim.
It is left to the tribunal to decide whether to adopt the testimony of the witness in favor of the petitioner or for the petitioner to determine if they will use the statement as proof in their claim against the defendant. Any of the scenarios above presents a significant risk and an unstable future for the Edo State governor.
What will happen if PDP wins the case before the tribunal?
The case before the tribunal currently does not look favorable to the APC and Okpebholo’s position as the governor of Edo State. Notably, the APC failed in its defense after presenting just one witness without any solid evidence to back up the claims of the governor. The statement of the defendant’s witness during cross-examination now seems to favor the petitioner more than the APC, adding a big measure of uncertainty to the final decision of the election tribunal. If the PDP wins the case before the tribunal, it will render the results of the Edo election invalid. However, the PDP might also have to prove that they won the election unless the entire election is canceled, in which case Edo State will have to conduct another governorship election.
A new precedent
Never in the history of Nigeria has a sitting president or governor been unseated for election irregularities. PDP winning the petition before the tribunal will set that precedent, as Governor Okpebholo will be required to resign from his position upon the court ruling the election invalid for irregularities. This new precedent could also embolden other opposing parties with a different view of election victory to approach the court for redress.
Implications for Nigeria’s Electoral System
If the tribunal rules in favor of the PDP, it could mark a turning point in Nigeria’s electoral system, reinforcing the importance of due process and compliance with electoral laws. Such a decision might encourage stricter adherence to election regulations in future contests while also increasing post-election litigations as losing candidates seek legal recourse. Regardless of the outcome, the Edo election tribunal case highlights the growing role of the judiciary in shaping Nigeria’s democratic process.
