Appeal Court reserves judgment in PDP’s challenge against Okpebholo’s Edo guber victory

The Court of Appeal in Abuja has reserved judgment in the legal battle over the outcome of the September 21, 2024, governorship election in Edo State, following appeals filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo.

They are challenging the victory of Governor Monday Okpebholo of the All Progressives Congress (APC).

A three-member panel of justices on Thursday heard arguments on three appeals and a cross-appeal filed in relation to the April 2, 2025, ruling by the Edo State Election Petitions Tribunal, which upheld Okpebholo’s election. The court subsequently announced that its decision had been reserved and would be delivered on a later date to be communicated to the parties.

The Independent National Electoral Commission (INEC) had declared Okpebholo the winner of the election, stating that he secured 291,667 votes, defeating Ighodalo, who polled 247,655 votes under the PDP banner.

Displeased with the outcome, Ighodalo and the PDP filed a petition before the tribunal, naming INEC, Okpebholo, and the APC as the first to third respondents respectively. The petitioners alleged widespread irregularities, over-voting, and substantial non-compliance with the provisions of the Electoral Act during the conduct of the poll.

They argued that the election should be nullified due to multiple procedural failures, including the non-serialisation of ballot papers, errors in result collation, and flawed computations affecting results in 765 polling units. The petitioners also accused INEC of failing to pre-record sensitive electoral materials, a lapse they claimed enabled manipulation in favour of the APC.

However, the tribunal dismissed the petition, stating that the PDP and Ighodalo failed to provide sufficient evidence to substantiate their claims. Unsatisfied with the ruling, the petitioners took their case to the appellate court.

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During Thursday’s proceedings, lead counsel to Ighodalo, Robert Emukpoeruo (SAN), urged the appellate court to set aside the tribunal’s judgment. He argued that the tribunal erred in its assessment of the petitioners’ claims, particularly regarding the absence of serial numbers on Form EC25B, which he said contravened Section 73(2) of the Electoral Act 2022.

He also challenged the tribunal’s characterization of their evidence presentation, stating: “The tribunal failed to properly evaluate our claims of non-compliance, particularly concerning the absence of serial numbers on Form EC25B, as required under Section 73(2) of the Electoral Act 2022.”

Emukpoeruo added: “We did not dump documents on the tribunal. Our case was built around disparities between polling unit results and ward-level collation.”

In defence of the tribunal’s ruling, Okpebholo’s counsel, Onyechi Ikpeazu (SAN), maintained that the appellants failed to prove their allegations. He argued that the relevant serial numbers were on Form EC40A and not Form EC25B as claimed, adding that the critical Form EC25D was never submitted by the petitioners.

APC’s legal representative, Emmanuel Ukala (SAN), also urged the appellate court to dismiss the appeals. He argued that the petitioners failed to meet the burden of proof, especially since they called only 19 witnesses—five of whom were polling unit agents—despite contesting results in 765 polling units.

“Under Sections 73(2) and 137 of the Electoral Act 2022, they were expected to call witnesses from each polling unit being challenged,” Ukala said. He further noted: “Though they listed Form EC25D in their petition, they failed to tender it. The serial numbers they rely on ought to have been captured in Form EC25D, not EC25B.”

INEC’s counsel, Kanu Agabi (SAN), aligned with the positions of the APC and Okpebholo, urging the appellate court to uphold the tribunal’s decision and reject the appeal.

Presiding over the proceedings, Justice M. A. Danjuma stated that the judgment had been reserved and would be delivered at a date to be communicated to all parties involved.

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