The crisis started when the first primary was conducted on February 17, as it produced three winners.
The Chairman of the Electoral Committee of the primary, Governor Hope Uzodimma, announced Idahosa as the winner, while the returning officer, Stanley Ugboaja, declared Monday Okpebholo as the winner.
Also, Ojo Babatunde, who claimed to be representing the returning officers in all the local governments, declared Anamero Dekeri as the winner of the election.
With the confusion, the National Working Committee of the party ordered a rerun on February 22, under the chairmanship of Governor Bassey Otu of Cross Rivers State, who replaced Uzodimma as the head of the electoral committee.
After the exercise, Okpebholo was declared the winner with 12,433 votes to defeat Idahosa, who polled 6,541.
In a letter dated March 4, 2024, written by Wole Olanipekun (SAN), marked WOC/ABJ/VOL.01/074/2024 and addressed to the Chairman of INEC, Yakubu, Idahosa said a legal action with Suit No.FHC/ABJ/CS/274/2024 between himself vs Sen. Monday Okpebholo, the APC and the INEC has been instituted where he is claiming the candidacy of the party and urged INEC to take cognisance of the suit.
In the suit, Idahosa said that he won the February 17, 2024 exercise monitored by the INEC where he was declared the winner and that there was no basis for the supplementary election ordered by the leadership of the party as no reason was given for the decision.
He also argued that February 22 was not a standalone election but a continuation of the February 17 exercise and so the results of the 17th exercise cannot be jettisoned.
He said, “The record of INEC/the commission will show that, under your leadership, the commission monitored the Edo State APC primary election for the nomination of the governorship candidate of the APC under the prior notification that the primary election will specifically hold on 17th February 2024.
“The primary election was indeed held, and our client garnered 40,453 votes (a copy of the result certified by INEC is attached herein as Annexure 1). INEC’s report of monitoring the election confirms that, at the end of the process, our client was returned as the duly elected candidate of the APC (a copy of the INEC report as certified by the commission is attached as Annexure 2).
“The APC primary election committee that conducted the election also confirmed that our client won the election as evidenced by a report signed by all members of the committee (without a single instance of dissent).
“Our client is aware that the APC subsequently confirmed to INEC that the primary election was held as scheduled on 17th February 2024; however, without giving any reason, indicated that the election was inconclusive and will be completed on 22nd February 2024 and invited INEC to monitor the completion exercise.
“At the end and in respect of the completion exercise, Sen. Monday Okpebholo was said to have scored 12, 433 votes whilst our client was allocated 6,541 votes. Sen. Monday Okpebholo scored 100 votes at the primary election of 17th February 2024 (a copy of the result sheet from the completed primary election on 22nd February 2024 certified by INEC is attached as Annexure 3).
“Our client disagrees that the primary election of 17th February 2024 was inconclusive or that there was any basis to schedule what was described as a completion of the process. Suit No. FHC/ABJ/CS/ 274/2024 has been instituted to ventilate that challenge.
“As things stand, INEC is in custody of two results for the APC primary election for the 2024 Governorship election in Edo State (one dated 17th February 2024, and the other dated 23rd February 2024). The summation of the votes in both results demonstrates clearly that our client won the primary election even if his votes from the 17th February 2024 results are the only ones reckoned with.
“Put differently, an addition of the votes of all the other aspirants from both results will neither match nor supersede our client’s votes from 17th February 2024. At best (assuming it is valid), the completion primary election of 22nd February 2024 was a supplementary election.
“Fortunately, the commission under your leadership has had cause to conduct supplementary elections including the 2018 governorship election in Osun State where a winner was declared by INEC upon a summation of the votes from the main and supplementary election.”
