May justice be served at the end, writes JOHN MAYAKI
For the benefit of those unfamiliar with the terminology, BVAS – Bimodal Voter Accreditation System and IREV – INEC Result Viewing portal, were deployed by the Independent National Electoral Commission (INEC) during Edo 2024 Governorship election where the APC candidate, Senator Monday Okpebholo was declared winner. He defeated his close rival, Asue Ighodalo of the Peoples Democratic Party (PDP) hands down.
Before I continue, let me clarify from the outset, that this is not a media trial of the case currently before the Edo State Election Petitions Tribunal. Far from it. As a “layman”, I am neither qualified nor inclined to engage in such speculations.
However, my purpose is simply to educate my friends about the ongoing judicial process and assure them that Governor Monday Okpebholo, whom they overwhelmingly elected, is determined to defend their mandate and protect the integrity of democracy in the state.
We have seen in recent times, a surge of chatter, especially on social media, insinuation that governor Okpebholo’s mandate would be annulled. This is what the opposition PDP wants the world to believe, and we do know that it was designed to sow doubt and confusion. I think it is necessary to address these concerns and further assure our people that their governor; our governor remains firmly in charge, to fulfilling the four-year mandate given to him by their votes.
And so, ever since the PDP and it’s candidate submitted Certified True Copies (CTCs) of the INEC IREV data issued to them, they have been celebrating as if the case has been won. Far from it, also. They claim that these documents are overwhelming to earn them victory in the court and that they corroborate with BVAS accreditation data. And I replied, that’s not a bad one. Even at that, there is no cause for alarm. One thing is certain, judicial precedents firmly support the sanctity of the mandate Edo people gave to Governor Okpebholo.
As students of history, we are not unaware that the Supreme Court has consistently ruled on cases involving similar issues of IREV and BVAS. For instance, during the 2023 general elections, INEC’s credibility was questioned due to its failure to rely exclusively on results uploaded to the IREV portal. However, the commission clarified and the courts affirmed saying that the IREV portal is not legally binding for result collation or transmission. It was introduced merely as a transparency measure and is not anchored on the Electoral Act.
In several landmark cases such as Jegede versus INEC and Wike versus Peterside, the Supreme Court categorically held that INEC regulations and guidelines lack the force of law unless explicitly provided for in the Electoral Act.
That’s not all, there was a similar case in Osun State between Oyetola and Adeleke, the Apex Court held that there is no statutory requirement compelling presiding officers to transmit accreditation data or results via BVAS to INEC’s backend server. The court went ahead to rule that allegations of over-voting cannot rely on IREV data or information from INEC’s server, as these are considered derivative and indirect evidence. Why then do we belabor the issue – putting IREV and BVAS on trial for the umpteenth time? Anyways, it could enrich our jurisprudence.
But wait, was it not the court that described data from the IREV or BVAS server as “third-hand evidence”, and went ahead to hold that it lacks the weight required to substantiate claims of electoral malpractices? Must we put BVAS and IREV on trial for the sake of it?
Instructively, the rulings in Osun and the presidential election, where the courts upheld the mandates of governor Adeleke and President Bola Tinubu, respectively, provide valuable insights for the ongoing case in Edo State. You would notice that in both instances, claims predicated on BVAS and IREV data failed to meet the threshold of proof required by the law. The more reason I have told our people to remain calm, our governor is here to stay.
And so, as we await the tribunal’s verdict, it is very important that we respect the independence of the judiciary and any attempt to intimidate or blackmail the courts must be condemned in the strongest terms. The opposition is already chanting, “all eyes on the judiciary”, as they are quick to resort to blackmail. Electoral disputes are a constitutional matter, and the judiciary must be allowed to perform its role without undue pressure – especially pressures from the eyes of sore losers.
I therefore urge our people to remain steadfast – Governor Monday Okpebholo’s victory is a reflection of the collective will of the people, and all efforts to undermine it will collapse under the weight of established judicial precedents. I urge you all to continue to pray for the governor and support his mission to deliver on his promises to the people of Edo State.
· Mayaki is a Historian and Diplomat
