The Court of Appeal in Abuja on Thursday affirmed the election of Senator Monday Okpebholo as the duly elected Governor of Edo State, upholding his victory in the September 21, 2024, governorship election conducted by the Independent National Electoral Commission.

Delivering the lead judgment, Justice Mohammed Danjuma dismissed the appeal filed by the Peoples Democratic Party and its candidate, Asue Ighodalo, describing it as lacking in merit.

The three-member panel ruled unanimously, reiterating the decision of the Edo State Governorship Election Petition Tribunal.

Justice Danjuma held that the appellants failed to prove any miscarriage of justice or provide credible witnesses and documentation to support their allegations of over-voting. 

“The foundation of the appellants’ case having collapsed, the appeal lacked merit and is hereby dismissed,” the court ruled.

In reaction, Ighodalo vowed to challenge the verdict at the Supreme Court.

Speaking with The PUNCH, the Publicity Secretary of the Edo State PDP Caretaker Committee, Chris Nehikhare, confirmed the decision:

“We are surely taking the matter to the Supreme Court after today’s judgment, and we shall do so within the stipulated time.”

Meanwhile, Governor Okpebholo called on Ighodalo and the PDP to accept the Court of Appeal’s decision and join him in moving Edo State forward.

In a statement issued by his Chief Press Secretary, the governor said the judgment, which reaffirmed the will of the people, should signal an end to divisive politics.

“Governor Monday Okpebholo commends the judiciary for its diligence and commitment to justice. This ruling is not just a victory for our party, the All Progressives Congress, but a triumph for democracy and the rule of law in Edo State.”

“The governor urges the opposition and Asue Ighodalo to reflect on the judgment. Prolonged litigation only distracts from the urgent task of governance and the delivery of democratic dividends.”

Reiterating his earlier stance, Okpebholo extended an olive branch to all political actors, regardless of party affiliation, emphasising that the state’s development must take precedence over political rivalry.

“Now is the time to embrace the spirit of sportsmanship and statesmanship. The legal process has run its course, and the judgment of the Court of Appeal is clear,”he said.

Governor Okpebholo reaffirmed his administration’s commitment to a “people-first” agenda, prioritising development across infrastructure, education, healthcare, and economic empowerment.

“We urge all well-meaning citizens to remain calm and continue with their lawful activities. This affirmation of our mandate re-energizes the government to continue working tirelessly in the best interest of all residents of Edo State,” he stated.

INEC had declared Okpebholo winner of the election, having polled 291,667 votes to defeat PDP’s Ighodalo, who garnered 247,655 votes.

Dissatisfied, the PDP and its candidate filed a petition before the Governorship Election Petition Tribunal in Abuja, challenging the outcome.

On April 2, the three-member tribunal, led by Justice Wilfred Kpochi, dismissed the petition, ruling that the petitioners failed to substantiate claims of over-voting and electoral irregularities.

The tribunal affirmed that Okpebholo received the highest number of valid votes and found that the petitioners failed to link their allegations to credible evidence.

The petition, marked EPT/ED/GOV/02/2024, alleged widespread irregularities, including non-serialisation of ballot papers, inaccurate collation, and faulty computation of results in 765 polling units.

The petitioners also accused INEC of failing to comply with the Electoral Act and claimed sensitive election materials were neither serialized nor pre-recorded, allegedly facilitating rigging in APC’s favour.

During the trial, the petitioners presented 19 witnesses, including a subpoenaed Senior Technical Officer from INEC’s ICT department who tendered 154 BVAS machines from 133 polling units to support claims of over-voting.

INEC, the first respondent, did not present any witnesses, while Okpebholo, the second respondent, called one, and the APC presented four.

However, the tribunal faulted the petitioners for failing to call polling unit agents or presiding officers who could directly attest to the alleged malpractices, describing most of the testimonies as hearsay.

“It remains the law that documents do not speak for themselves. Petitioners must demonstrate their allegations with credible, relevant witnesses,” the tribunal ruled.

The tribunal further held that the BVAS machines submitted were not properly examined or linked to the allegations and were effectively “dumped” on the court without analysis.

“None of the witnesses could speak to the BVAS machines or demonstrate their contents. The machines remained dormant,” Justice Kpochi said.

On the issue of ballot serialisation, the tribunal confirmed that the materials used by INEC complied with the necessary guidelines and held that the petitioners failed to prove any violation of the Electoral Act.

Unsatisfied with the ruling, the PDP and Ighodalo proceeded to the Court of Appeal, which has now upheld the tribunal’s verdict in its entirety.

With the appellate court’s dismissal, the legal battle now shifts to the Supreme Court, where Ighodalo and the PDP hope to have the decision overturned.