The Court of Appeal in Abuja has upheld the election of Governor Monday Okpebholo of Edo State, dismissing the legal challenge brought by the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo.
A three-member panel led by Justice M.A. Danjuma on Thursday delivered the ruling, agreeing with the decision of the Edo State Governorship Election Petition Tribunal, which had earlier affirmed the All Progressives Congress (APC) candidate as the duly elected governor.
The appeal stemmed from the September 21, 2024, governorship election, where Okpebholo was declared winner by the Independent National Electoral Commission (INEC), having secured 291,667 votes against Ighodalo’s 247,655.
The PDP and its candidate had argued that the election was marred by irregularities, alleging INEC’s failure to comply with key provisions of the Electoral Act 2022. Their petition claimed that sensitive election materials were not properly handled and that vote manipulation occurred in over 700 polling units, resulting in inflated figures favouring the APC.
Despite presenting 19 witnesses and various exhibits, including BVAS machines from 133 polling units, the tribunal ruled that the petitioners failed to substantiate their allegations with credible and convincing evidence. The court criticised the quality of the testimonies, noting that most were hearsay, and pointed out that no polling agents or presiding officers were called to testify about the alleged infractions.
The tribunal also rejected claims of over-voting and mismanagement of sensitive materials, stating that the burden of proof rested solely on the petitioners, which they failed to meet. It held that merely submitting documents without proper demonstration in court could not satisfy the requirements of electoral law.
Court affirms Okpebholo, dismisses Ighodalo
Affirming this position, the Court of Appeal dismissed the PDP’s appeal, saying there was no basis to overturn the tribunal’s earlier verdict.
In response to the ruling, Ighodalo expressed his intention to pursue the case to the Supreme Court, signalling that the legal battle over the Edo governorship may not be over just yet.