The Court of Appeal has reserved judgment in multiple legal challenges over the outcome of the Edo State governorship election held on September 21, 2024, in which the Independent National Electoral Commission (INEC) declared Monday Okpebholo of the All Progressives Congress (APC) as the winner.
The three-member panel of the appellate court, led by Justice M.A. Danjuma, announced on Thursday that rulings in the appeals and cross appeals have been reserved, with judgment dates to be communicated to the involved parties.
Four Appeals Heard in High-Stakes Edo Election Case
The court considered four major legal submissions:
- CA/ABJ/EPT/ED/GOV/01/2025: Filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo
- CA/ABJ/EPT/ED/GOV/02/2025: Filed by the Action Alliance (AA) and its National Chairman, Rufai Omoaje
- CA/ABJ/EPT/ED/GOV/03/2025: Filed by Dr. Bright Enabulele and the Accord Party (AP)
- CA/ABJ/EPT/ED/GOV/04/2025: A cross-appeal filed by the APC and Okpebholo
All appeals challenge the April 2, 2025, ruling by the Edo State Governorship Election Petitions Tribunal, which upheld Okpebholo’s election.
INEC, APC, and Okpebholo Argue for Tribunal Verdict to Stand
Leading counsel for Okpebholo, Onyechi Ikpeazu (SAN), argued that the PDP’s case was unfounded, describing it as an “academic exercise.” He emphasised that even with the removal of disputed votes, Okpebholo would still have emerged with the majority.
Ikpeazu also clarified issues surrounding electoral documentation, noting that Form EC25B does not require serial numbers of ballot papers, as claimed by the PDP. Instead, the serial numbers were recorded in Form EC40A — documents already tendered at the tribunal.
Supporting arguments were made by Emmanuel Ukala (SAN) for the APC and Kanu Agabi (SAN) for INEC. They highlighted that under the Electoral Act 2022, especially Sections 73(2) and 137, petitioners must produce witnesses from each polling unit in question. The PDP presented only 19 witnesses for 765 polling units, five of whom were polling agents.
PDP Maintains Appeal Is About Collation Irregularities
Counsel for the PDP and Ighodalo, Robert Emukpoeruo (SAN), urged the appellate court to reverse the tribunal’s ruling. He insisted that the tribunal misunderstood the crux of the PDP’s case, which focused on irregularities in result collation, not the conduct of the election itself.
Emukpoeruo argued that the absence of serial numbers on Form EC25B contravened Section 73(2) of the Electoral Act and disputed the tribunal’s claim that evidence was improperly presented.
“Our case is not about how the forms were filled, but the absence of required serial numbers, which indicates non-compliance,” he stated.
He further asserted that oral evidence was not required to establish inconsistencies between polling unit results and those collated at the ward level.
Next Steps in the Edo Governorship Legal Battle
With all arguments concluded, Justice Danjuma announced that the Court of Appeal would deliver its judgment at a later date. The ruling could potentially overturn or reinforce the electoral victory of Monday Okpebholo and alter the political trajectory of Edo State.
