Supreme Court Upholds Governor Okpebholo’s Election Victory in Edo State

The Supreme Court on Thursday delivered a decisive ruling affirming the election of Governor Monday Okpebholo of Edo State, effectively ending months of legal battles that sought to overturn the outcome of the September 21, 2024, governorship election.

In a unanimous decision by a five-member panel led by Justice Mohammed Garba, the supreme court dismissed the appeal filed by the Peoples Democratic Party (PDP) candidate, Asuerinme Ighodalo, as lacking merit. The court held that it found no justification to upend the concurrent judgments of the Court of Appeal and the Edo State Governorship Election Petition Tribunal, both of which had previously validated Okpebholo’s victory.

Justice Garba, reading the lead judgment, emphasized that Ighodalo failed to present credible and admissible evidence to support his claims that the election was marred by irregularities, including allegations of over-voting and substantial non-compliance with the Electoral Act. The Supreme court maintained that the burden of proof rested on the appellant, a burden he failed to discharge satisfactorily.

Failure to Prove Electoral Malpractice Seals PDP’s Fate

The Supreme Court, in its verdict, underscored that the PDP and its candidate were unable to substantiate their claims of electoral malpractice. Key among the deficiencies highlighted was the failure to call relevant witnesses, particularly polling unit agents or presiding officers, to demonstrate how irregularities allegedly occurred.

The Supreme court criticized the reliance on documentary evidence that was “merely dumped” on the tribunal without proper linkage or demonstration through witness testimony. Of particular note was the handling of evidence from the Bimodal Voter Accreditation System (BVAS) machines, which the court noted were not adequately presented to show any instances of over-voting or manipulation of results.

In 432 out of the 4,519 polling units where irregularities were alleged, the appellants failed to prove their case, leading the court to rule that the evidence was speculative and insufficient. The panel firmly rejected claims that the election lacked substantial compliance with the Electoral Act, thereby affirming the declaration of Governor Okpebholo as the validly elected leader of Edo State.

INEC’s Declaration Upheld Amid Legal Onslaught

The Independent National Electoral Commission (INEC) had on September 21, 2024, declared Monday Okpebholo of the All Progressives Congress (APC) the winner of the election, with a total of 291,667 votes, defeating his closest rival, Asuerinme Ighodalo of the PDP, who polled 247,655 votes.

Dissatisfied with the outcome, Ighodalo and the PDP took their grievances to the Edo State Governorship Election Petition Tribunal, alleging widespread irregularities, improper collation of results, and non-compliance with electoral guidelines. They claimed that sensitive electoral materials were not serialized or pre-recorded, which, according to them, facilitated the manipulation of votes in favor of the APC.

The tribunal, however, dismissed the petitions, stating that the burden of proof was not met. This judgment was subsequently upheld by the Court of Appeal, which also faulted the PDP’s case for lacking credible evidence. The Supreme Court’s ruling on Thursday has now brought finality to the dispute.

Legal Battles: Tribunal and Appeal Court Echo Supreme Court’s Stand

The case, which began at the Election Petition Tribunal, saw multiple petitions filed not only by the PDP but also by the Action Alliance (AA) and the Accord Party (AP), all of which were eventually dismissed for lack of merit. The Justice Wilfred Kpochi-led tribunal had ruled that the petitioners failed to demonstrate how the alleged non-compliance substantially affected the election’s outcome.

Among the issues raised by the PDP were claims of result manipulation in 765 polling units and discrepancies in the collation process. The petitioners presented 19 witnesses and tendered 153 BVAS machines as exhibits. However, the tribunal pointed out that none of these machines were powered on to verify allegations of over-voting or discrepancies.

The Court of Appeal, in its own judgment delivered by a panel led by Justice M. A. Danjuma, echoed the tribunal’s findings and dismissed the appeals. It held that the appellants failed to present the necessary witnesses and that much of the evidence was hearsay or lacked proper authentication.

Victory for Okpebholo and APC as Legal Dust Settles

Governor Monday Okpebholo, the APC, and INEC welcomed the Supreme Court’s verdict, viewing it as a reaffirmation of the people’s will as expressed in the ballot box. The judgment effectively ends all litigation surrounding the 2024 Edo State governorship election and solidifies Okpebholo’s position as the duly elected governor.

Legal analysts noted that the decision reaffirms the high evidentiary standards required to overturn election results in Nigeria. The case highlighted the importance of not only presenting documentary evidence but also producing credible witnesses who can substantiate claims of electoral malfeasance.

For Asuerinme Ighodalo and the PDP, the ruling marks the conclusion of a long and bruising legal battle. While expressing disappointment, PDP sources indicated that the party would now focus on repositioning itself for future political contests in the state.

The Supreme Court’s decision brings finality to an election season that tested Nigeria’s electoral and judicial systems, and it sends a clear message on the importance of thorough preparation and credible evidence in electoral disputes