The Court of Appeal sitting in Abuja on Thursday upheld the election of Monday Okpebholo as the duly elected governor of Edo State, dismissing the appeal filed by the Peoples Democratic Party (PDP) and its candidate Asue Ighodalo.
A three-member panel led by Justice Mohamed Danjuma unanimously affirmed the ruling of the Edo State Governorship Election Petition Tribunal, which had earlier validated Okpebholo’s victory in the 21 September 2024 governorship election.
The PDP and Ighodalo had challenged the outcome of the poll on grounds of overvoting, electoral malpractice, and non-compliance with the Electoral Act. However, the appellate court ruled that the appellants failed to prove any of their claims with credible evidence.
Court Slams PDP Over Lack of Evidence
In echoing the tribunal’s earlier judgement, the Appeal Court held that the PDP and its candidate only “dumped documents” on the tribunal without demonstrating their relevance or calling witnesses who observed irregularities at the polling units or collation centres.
The court noted that while 133 BVAS machines were tendered as exhibits by the PDP, the devices were never powered on or linked to the claims being made. It also ruled that the few witnesses presented by the PDP testified on issues unrelated to the core complaints and did not speak about happenings at polling stations.
In a critical decision, the appellate court upheld Okpebholo’s cross-appeal, which challenged the tribunal’s earlier acceptance of the BVAS machines. The justices ruled that the tribunal erred by admitting the devices without complying with statutory requirements for documentary evidence, adding that this error amounted to a “miscarriage of justice.” As a result, the court expunged the BVAS machines from the tribunal’s records.
Okpebholo, Ighodalo Absent as Verdict Is Delivered
Both Monday Okpebholo of the All Progressives Congress (APC) and PDP’s Asue Ighodalo were absent from Thursday’s proceedings. However, Edo State Deputy Governor Dennis Idahosa and PDP State Chairman Tony Aziegbemi were present.
According to the Independent National Electoral Commission (INEC), Okpebholo won the election with 291,667 votes, while Ighodalo came second with 247,655 votes. Other candidates in the race secured significantly lower tallies.
PDP Rejects Judgement, Vows to Head to Supreme Court
Speaking to journalists after the ruling, PDP Chairman Tony Aziegbemi rejected the judgment, alleging signs of bias from the justices and promising to escalate the matter to the Supreme Court.
“We think that even the judges, especially when they started talking and taking their eyes off what they wrote, you could see some elements of bias in what they were saying. However, we would request that our members stay calm,” he stated.
Edo Government Welcomes Victory
In contrast, the Edo State Attorney General, Samson Osaghie, praised the Appeal Court decision, describing it as a victory not only for Okpebholo and the APC but for democracy in the state.
“The election of Governor Monday Okpebholo is unassailable, and upheld at this point in time. His victory is for Edo State, for the APC, and for democracy,” he said.
Background: Tribunal’s Initial Verdict
The Election Petition Tribunal, chaired by Justice Wilfred Kpochi, had earlier dismissed Ighodalo’s petition in its 2 April judgement. The tribunal held that the PDP and its candidate failed to bring credible witnesses, such as polling unit agents or INEC officials, to substantiate their claims.
The panel concluded that the petitioners merely submitted documents without linking them through witnesses who could speak to their contents or the events on election day.
“These witnesses are total strangers to the polling units,” the tribunal stated.
Both the tribunal and the Appeal Court have now ruled that the PDP failed to prove any substantial non-compliance with electoral laws.
What Next?
Although the Court of Appeal’s verdict is a major win for Governor Okpebholo, the PDP still has one final legal option: an appeal to the Supreme Court, which has the final say in governorship election disputes in Nigeria.
For now, Okpebholo’s mandate remains firmly intact — affirmed by both the tribunal and the appellate court.
