The Independent National Electoral Commission (INEC) has presented Bimodal Voter Accreditation System (BVAS) machines before the Edo State Governorship Election Tribunal in Abuja. The move comes as part of the ongoing legal battle over the results of the September 21, 2024, gubernatorial election in Edo State.
A senior technical officer from INEC’s ICT department, Anthony Itodo, appeared before the tribunal after being subpoenaed on January 9. He informed the panel that he brought 148 BVAS machines from 133 polling units. However, a discrepancy arose when the petitioners’ counsel, Robert Emukpoeruo (SAN), pointed out that Itodo had previously stated there were 151 machines.
“My Lords, the subpoenaed INEC staff repeatedly told us there were 151 BVAS machines, and now he says it is 148. I appeal to the court to have the secretary count the BVAS devices,” Emukpoeruo stated.
The dispute over the number of BVAS machines led Emukpoeruo to request that the devices be taken out of their boxes for a proper count. He argued that the tribunal had only asked for the machines, not their packaging. Despite opposition from the defense, including Governor Monday Okpebholo’s legal team, INEC’s counsel, Kanu Agabi, clarified that while 151 units existed, only 148 were relevant to the case. Following this, the tribunal admitted the BVAS machines as evidence.
Meanwhile, petitioner witness Eseigbe Victor, a farmer and politician from Uneme, Akoko-Edo LGA, testified before the tribunal. Under cross-examination, he admitted that he did not sign Form EC8B for Ward 9 but justified his action by stating: “As the ward agent for Ward 9, Akoko-Edo, I have my tag as the ward chairman, and when the election was going on, I noticed the incorrect collation, which is why I did not sign it.”
Victor noted that the election process at the polling unit level was generally fair but claimed that irregularities occurred during collation. The tribunal admitted his agent tag as evidence despite objections from the defense.
Another witness, Uyigun Imasuen from Oredo LGA, also testified, confirming that he served as a party agent and received result sheets from various polling units. However, his testimony was challenged by the defense, which questioned whether he had signed his witness statement in Benin as he claimed. When asked to provide proof, he responded: “I was fully in Benin. My family is in Benin, and I signed the statement on September 11.”
To verify his signature, the court instructed him to sign a plain sheet five times. Although the petitioners’ lead counsel, Ken Mozia (SAN), objected to the process, the court admitted the sheet as evidence.
