Appeal Court Upholds Okpebholo’s Election as Edo Governor

The Court of Appeal sitting in Abuja, on Thursday, affirmed the election of Monday Okpebholo as the duly elected Governor of Edo State, following the September 21, 2024, gubernatorial election. Delivering judgment, the appellate court, led by Justice Mohammed Danjuma, dismissed the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, declaring it lacked merit.

In its unanimous decision, the three-member panel ruled that the appellants failed to prove their claims of electoral irregularities, thereby upholding the earlier verdict of the Edo State Governorship Election Petition Tribunal. Justice Danjuma emphasized that the appellants were unable to demonstrate any miscarriage of justice in the tribunal’s May 15 judgment, which had already validated Okpebholo’s win under the All Progressives Congress (APC).

The court further noted that it found no substantial ground to overturn the tribunal’s decision, asserting that both the PDP and Ighodalo did not present sufficient and credible evidence to substantiate their allegations of malpractice and non-compliance with the Electoral Act.

Background: Tribunal’s Earlier Dismissal of Petitions

The legal tussle over the 2024 Edo State governorship election began shortly after the Independent National Electoral Commission (INEC) declared Okpebholo the winner, with 291,667 votes against Ighodalo’s 247,655. Dissatisfied with the result, the PDP and Ighodalo approached the Election Petition Tribunal, alleging widespread irregularities and non-compliance with the Electoral Act.

Their petition, marked EPT/ED/GOV/02/2024, also accused INEC of failing to properly serialize and pre-record sensitive election materials, claiming this facilitated rigging in favour of the APC. They further contended that vote totals were wrongly computed in 765 polling units, resulting in over-voting and electoral fraud.

Despite presenting 19 witnesses and tendering 153 Bimodal Voter Accreditation System (BVAS) machines from 133 polling units, the tribunal dismissed the petition. It ruled that the evidence provided was insufficient and largely hearsay, particularly noting that the petitioners failed to bring forward polling unit agents or INEC officials who could corroborate the alleged irregularities.

Key Legal Findings: Petitioners Failed to Meet Burden of Proof

The Court of Appeal reiterated many of the Tribunal’s findings, stating that the petitioners failed to discharge the burden of proof required by law to invalidate a gubernatorial election. It noted that dumping documentary exhibits without linking them to witness testimonies or demonstrating them before the court was a fatal flaw in the PDP’s case.

Justice Danjuma, in his lead judgment, also pointed out that most of the testimonies from the PDP’s witnesses were hearsay and failed to directly support the claims of over-voting, result manipulation, or procedural non-compliance. The absence of crucial witnesses—such as presiding officers, polling agents, or actual voters—was cited as a significant weakness in the opposition’s case.

On the issue of the BVAS machines, the court held that none were powered on or used to show that votes exceeded accredited voters in the contested polling units. Additionally, the allegation that INEC did not pre-record or serialize sensitive materials, contrary to Section 73(2) of the Electoral Act, was dismissed as unproven.

INEC’s Declaration Of Okpebholo and Wider Legal Context

INEC’s announcement of Okpebholo’s victory sparked a flurry of legal challenges, not only from the PDP but also from other parties such as the Action Alliance (AA) and the Accord Party (AP), whose petitions were similarly dismissed. The tribunal had declared that all petitions lacked merit and found no legal basis to overturn the election results.

The appellate court’s ruling on Thursday now marks the second judicial confirmation of Okpebholo’s electoral mandate. The APC has since lauded the decision, describing it as a victory for democracy and due process, while political observers see it as a reinforcement of the legal requirement for petitioners to present compelling, verifiable evidence when challenging election outcomes.

This ruling, legal analysts suggest, sets a strong precedent for the interpretation of the Electoral Act 2022, especially in cases involving the use of BVAS technology and documentary proof.

Next Steps: Ighodalo Set to Approach Supreme Court

Despite the back-to-back losses at the tribunal and appellate court, the PDP and Asue Ighodalo have vowed to continue their legal challenge at the Supreme Court. Ighodalo’s legal team confirmed on Thursday that a notice of appeal will be filed in the coming days.

Speaking shortly after the judgment, Ighodalo said, “We remain committed to justice and to the will of the people. We will pursue this case to the highest court in the land.” The PDP echoed this sentiment, maintaining that the party owes it to Edo voters to exhaust all legal avenues.

Political watchers now await the next round of litigation at the Supreme Court, which will likely bring finality to the fiercely contested election. As Governor Okpebholo continues to steer the affairs of Edo State, his administration remains under scrutiny, with opposition parties hoping the apex court will rule differently.

Until then, the legal victory at the appellate level has strengthened his political legitimacy of Governor Okpebholo and solidified the APC’s foothold in Edo State ahead of future electoral contests.