Breaking: Appeal Court upholds Okpebholo’s election victory, PDP’s challenge dismissed
On Thursday, May 29, the Court of Appeal sitting in Abuja affirmed the election of Governor Monday Okpebholo of Edo State, delivering a decisive blow to the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo, who had sought to overturn the September 21, 2024 gubernatorial election results.
The three-member panel of justices, led by Justice M. A. Danjuma, unanimously dismissed the appeal filed by the PDP, ruling that there was no justifiable reason to overturn the earlier decision of the Edo State Governorship Election Petition Tribunal delivered on May 15.
The appellate court upheld the tribunal’s conclusion that Governor Okpebholo of the All Progressives Congress (APC) was validly elected, having secured 291,667 votes against Ighodalo’s 247,655, according to the Independent National Electoral Commission (INEC).
The tribunal, chaired by Justice Wilfred Kpochi, had earlier dismissed multiple petitions filed not only by the PDP and Ighodalo but also by the Action Alliance and Accord Party, calling them lacking in merit. It held that the allegations of electoral irregularities and non-compliance with the Electoral Act, 2022, were unsubstantiated.
Among the key claims by the petitioners was that INEC failed to properly serialize and pre-record sensitive election materials, allegedly facilitating rigging. They also alleged result manipulation in 765 polling units and produced 19 witnesses along with 153 Bimodal Voter Accreditation System (BVAS) machines as evidence.
However, the tribunal and the Court of Appeal found the evidence insufficient and poorly presented. The appellate court noted that the petitioners failed to produce polling unit agents, presiding officers, or voters who could credibly testify to alleged irregularities, relying instead on hearsay and unverified documents.
“The onus of proving that Governor Okpebholo was unduly returned by INEC rested squarely on the petitioners,” the tribunal had stated. “That burden was not successfully discharged.”
In addition, the court ruled that PDP’s exhibits, including the BVAS machines, were not properly demonstrated during the trial, and no proof was presented that the machines showed discrepancies between the number of accredited voters and votes cast.
The ruling solidifies Okpebholo’s victory and clears a major legal hurdle for the APC in Edo State. However, moments after the judgment, PDP candidate Asuerinme Ighodalo vowed to take the case to the Supreme Court, signaling that the legal battle may not be over just yet.
