By SIMON EBEGBULEM

BENIN—Edo State Governorship Election Tribunal, yesterday, upheld the election of Mr. Adams Oshiomhole of Action Congress of Nigeria, ACN, as winner of the July 14, 2012  governorship election in the state.

Delivering judgment on the petition by candidate of Peoples Democratic Party, PDP, Gen. Charles Airhiavbere, against Oshiomhole’s re-election, the tribunal in  a unanimous decision, affirmed the re-election of Oshiomhole, dismissing Aihiavbere’s petition for what it described as gross inability to substantiate allegations of non-compliance with the provisions of the Electoral Act, or prove election malpractices.

The tribunal also awarded N150,000 as cost against Airhiavbere.

Airhiavbere had prayed the tribunal to nullify Oshiomhole’s re-election on grounds of electoral malpractices, violence and non- qualification to contest the office of governor of Edo State.

Gov.Oshiomhole addressing journalist after in Benin City.photo by Barnabas Uzosike.

Oshiomhole, garbed in a brown French jacket, arrived the court at 8:55am.

Airhiavbere, was, however, conspicuously absent in court. In the about one and a half hours judgment, the tribunal nullified all grounds on which Airhiavbere had sought to have Oshiomhole’s victory overturned.

The tribunal noted that the Supreme Court, had laid to rest the issue of Oshiomhole’s educational qualification which it said was earlier struck out by the tribunal, hence the tribunal was left with the responsibility of ruling on the issue of electoral irregularities only.

Berating the petitioner, the tribunal described Airiavbere’s petition as lacking in merit and a waste of judicial process.

“There is no gain saying that where a petitioner alleges, he must adduce evidence to prove same.  The law is sacrosanct. Evidence led in any allegation and not proved cannot be sustained. Judges cannot perform miracles in matters brought before the court that lacks evidence,” the tribunal held.

Jubilation in Benin

When the news of  Oshiomhole’s victory filtered out, youths and market women thronged the streets in jubilation.

However, a PDP leader in the state and former Chief Whip of the Senate, Senator Rowland Owie, said: “I give glory to God for everything. We have no power of our own. I congratulate Gen. Airhiavbere and all members of PDP in Edo and Nigeria, who stood by him throughout the period of litigation. I give God the glory.”

Oshiomhole in company of his deputy, Dr. Pius Odubu and supporters trekked back to Government House in jubilation. Oshiomhole said: “It is very clear. Edo people spoke very loudly and I won 18 over 18. You have heard the judgment of the court, that this was just an exercise in futility. My friend, Gen. Airhiavbere knew he lost and he lost clearly.”