The Court of Appeal in Abuja has reserved judgment in the legal tussle surrounding the outcome of the September 21, 2024 Edo State governorship election, following arguments on three separate appeals and a cross-appeal.
The appeals were filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, who are contesting the decision of the Edo State Election Petitions Tribunal that upheld the election of Governor Monday Okpebholo of the All Progressives Congress (APC).
The APC, in turn, filed a cross-appeal challenging aspects of the tribunal’s judgment delivered on April 2, 2025.
During Thursday’s session, a three-member panel of the appellate court heard submissions from all parties before announcing that judgment had been reserved to a date that would be communicated.
INEC had declared Okpebholo the winner of the hotly contested election, securing 291,667 votes, while Ighodalo and the PDP polled 247,655 votes. Dissatisfied with the result, the PDP and Ighodalo alleged widespread irregularities, non-compliance with the Electoral Act, over-voting, and improper collation of results across 765 polling units.
The petitioners also claimed that INEC failed to serialise sensitive materials, enabling alleged rigging in favour of the APC. However, the tribunal dismissed their case, ruling that they failed to prove these allegations.
Arguing before the appellate court, Ighodalo’s counsel, Robert Emukpoeruo (SAN), faulted the tribunal for dismissing their evidence and insisted that key issues—such as the lack of serial numbers on Form EC25B—were overlooked in violation of Section 73(2) of the Electoral Act 2022. He emphasized that the petition focused on inconsistencies between polling unit and ward-level results.
Defending the tribunal’s ruling, Okpebholo’s lawyer, Onyechi Ikpeazu (SAN), countered that serial numbers were properly recorded on Form EC40A, not EC25B, and that the petitioners failed to tender critical documents like Form EC25D.
APC counsel, Emmanuel Ukala (SAN), also urged the court to dismiss the appeal, citing the petitioners’ failure to present witnesses for the majority of contested polling units. According to him, only 19 witnesses were called, with just five serving as polling unit agents, contrary to the requirements of the Electoral Act.
INEC, represented by Kanu Agabi (SAN), aligned with the APC’s position and supported the call for the appeal’s dismissal.
The appeal panel, led by Justice M. A. Danjuma, concluded proceedings by stating that judgment had been reserved and would be delivered at a later date.
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