Appeal Court reserves judgment in Edo governorship election dispute

The Court of Appeal in Abuja has reserved judgment in three high-stakes appeals and a cross appeal challenging the outcome of the Edo State governorship election held on September 21, 2024, in which the Independent National Electoral Commission (INEC) declared Senator Monday Okpebholo of the All Progressives Congress (APC) as the winner.

A three-member panel of justices, led by Justice M. A. Danjuma, made the announcement on Thursday, following extensive final arguments from legal representatives of the parties involved.

The court said its decision would be delivered on a date to be communicated to the parties.

The appeals heard include: CA/ABJ/EPT/ED/GOV/01/2025: Filed by Asue Ighodalo, the candidate of the Peoples Democratic Party (PDP), and the party itself.

CA/ABJ/EPT/ED/GOV/02/2025: Filed by Action Alliance (AA) and its National Chairman, Rufai Omoaje.

CA/ABJ/EPT/ED/GOV/03/2025: Filed by Dr. Bright Enabulele of the Accord Party (AP).

CA/ABJ/EPT/ED/GOV/04/2025: A cross appeal filed by Okpebholo and the APC.

Robert Emukpoeruo (SAN), counsel to Ighodalo and the PDP, urged the court to overturn the April 2 judgment of the Edo State Governorship Election Petition Tribunal.

He argued that the tribunal misinterpreted the appellants’ case, which centered not on election-day conduct but on inconsistencies in result collation and violations of Section 73(2) of the Electoral Act 2022.

“Our case was not about how the forms were filled but that Form EC25B was missing critical serial numbers, in breach of the Electoral Act,” Emukpoeruo said.

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“We tendered the necessary documents. Oral evidence wasn’t essential, as the tribunal wrongly concluded.”

The appellants also faulted the tribunal’s assessment that only five polling unit agents among their 19 witnesses were insufficient to support claims of irregularities in over 765 polling units.

In response, Onyechi Ikpeazu (SAN), representing Okpebholo, described the appeals as “academic exercises,” insisting the appellants conceded that even after deducting the allegedly disputed votes, Okpebholo still won by a majority.

“Form EC25B has no provision for serial numbers,” Ikpeazu argued.

“It is meant only for recording the quantity of materials received and returned. The correct form where serial numbers should appear is EC25D, which the appellants failed to tender.”

He emphasized that the ward collation officers were not bound to accept data from the INEC Result Viewing (IREV) portal where discrepancies exist.

Emmanuel Ukala (SAN), also representing the APC, and Kanu Agabi (SAN) for INEC, supported the position that the petitioners failed to provide credible evidence to prove non-compliance or electoral fraud.

Ukala reiterated that under Sections 73(2) and 137 of the Electoral Act 2022, witnesses must testify polling unit by polling unit to establish claims of irregularities.

“The law is clear. Allegations of improper collation must be backed by witnesses from the affected units,” Ukala stated.

“Here, only five polling agents testified about hundreds of polling units. That simply isn’t enough.”

Ukala also highlighted procedural missteps, including the failure of the petitioners to tender Form EC25D, which he argued was the relevant document to support their claims.

The Edo governorship election was one of the most closely watched contests in 2024. The declaration of Okpebholo as winner stirred controversy and was immediately challenged by multiple parties, with the PDP leading the legal charge.

Analysts say the eventual decision of the Court of Appeal could shape the political climate in Edo State and influence electoral jurisprudence in future contests nationwide.

Barrister Ifeanyi Odu, an Abuja-based legal analyst, noted: “This case will likely be a benchmark for interpreting the extent to which documentary evidence and compliance with INEC procedures influence election outcomes under the new electoral laws.”

Until judgment is delivered, political observers and stakeholders in Edo and across the country await with bated breath, knowing the ruling may either affirm the APC’s hold on the state or upend the current political order.