The Court of Appeal sitting in Abuja on Thursday affirmed the election victory of Governor Monday Okpebholo of the All Progressives Congress (APC) as the duly elected Governor of Edo State. A three-member panel led by Justice M. A. Danjuma dismissed the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo, challenging the outcome of the Edo State governorship election held on September 21, 2024.
The appellate court found no basis to overturn the earlier decision of the Edo State Governorship Election Petition Tribunal, which on May 15 upheld Governor Okpebholo’s election. The tribunal, headed by Justice Wilfred Kpochi, had ruled that the petitions filed by the PDP and Ighodalo, the Action Alliance (AA) and its National Chairman, Adekunle Rufai Omoaje, as well as the Accord Party (AP) and its candidate, Dr. Bright Enabulele, lacked merit and failed to provide substantial evidence to nullify the election result.
According to the Independent National Electoral Commission (INEC), Governor Okpebholo secured 291,667 votes, defeating Ighodalo of the PDP, who garnered 247,655 votes. Dissatisfied with the outcome, the PDP and its candidate approached the tribunal with allegations that the election was not conducted in substantial compliance with the provisions of the Electoral Act, 2022.
Their petition, marked EPT/ED/GOV/02/2024, claimed that Okpebholo did not receive the highest number of lawful votes and accused INEC of failing to serialise and pre-record sensitive election materials, which they argued created opportunities for electoral manipulation in favour of the APC.
The petitioners specifically alleged errors in the computation of results from 765 polling units across the state. They presented 19 witnesses and tendered various exhibits before the tribunal, including 153 Bimodal Voter Accreditation System (BVAS) machines purportedly used in 133 polling units. They further claimed that the election results were manipulated at collation centres, resulting in instances of over-voting that skewed the outcome in Okpebholo’s favour.
However, the tribunal ruled that the petitioners failed to present credible and convincing evidence to support their claims. The court stated that the burden of proof was not adequately discharged, emphasising that the petitioners relied heavily on hearsay and failed to produce essential witnesses such as polling unit agents, presiding officers, or voters who could have substantiated their allegations.
The tribunal also criticised the petitioners for merely submitting exhibits without demonstrating them through competent testimony, which is a legal requirement under Nigerian electoral jurisprudence.
Furthermore, the tribunal rejected the claim that INEC violated Section 73(2) of the Electoral Act by failing to pre-record sensitive materials. It also pointed out that the BVAS machines tendered were not powered on during proceedings to show any evidence of over-voting or irregularities in the number of accredited voters.
In alignment with the tribunal’s findings, the Appeal Court dismissed the appeal and upheld Governor Okpebholo’s election as valid. Following the judgment, PDP’s Asuerinme Ighodalo announced his intention to escalate the matter to the Supreme Court, signalling that the legal battle over the 2024 Edo State governorship election is not yet over.
