June 01, (THEWILL) – The Court of Appeal in Abuja last Thursday upheld the election of Edo State Governor, Monday Okpebholo. But the appellant and candidate of the Peoples Democratic Party in the September 21, 2024, governorship poll in Edo State, Asue Ighodalo, has reacted that he will proceed to the apex court.
The Appeal Court ruled that the governorship poll was validly conducted by the Independent National Electoral Commission, INEC.
The Appellate Court on Thursday also held that Governor Okpebholo was properly returned and declared winner of the September 21, 2024 governorship election.
Justice Mohammed Danjuma, who delivered judgement in the appeal brought before the court by the Peoples Democratic Party, PDP, and its governorship candidate, Asue Ighodalo, held that the appeal was devoid of merit and subsequently dismissed it in its entirety. It upheld the decision of the lower tribunal, validating the governor’s election.
Justice Danjuma said that both PDP and Ighodalo failed to establish miscarriage of justice in the judgement of the Edo State Election Petitions Tribunal, which had earlier dismissed the petition of the two appellants.
Our correspondent reports that the court of appeal judgement is a unanimous decision of the three-man panel of justices of the court.
Meanwhile, Ighodalo has vowed to take his case to the Supreme Court.
He said he disagreed with the position of the highest court of the land on the outcome of the election.
The PDP and its candidate alleged that there was wrong computation of results in 765 polling units in the state and they produced 19 witnesses and tendered exhibits before the tribunal.
He said, “We have arrived at this decision with deep disappointment, but also with an unwavering resolve to continue our pursuit of justice.”
Arguing that the Appeal Court judgment, like the tribunal ruling before it, failed to address their concerns regarding “widespread acts of non-compliance with and clear violations of the Electoral Act, Ighodalo stated that “as democrats and patriots, we remain anchored in our belief in the rule of law. But we cannot and we will not allow injustice to go unchallenged. I have instructed my legal team to approach the Supreme Court to seek redress.”
Basking in victory, the Edo State Governor, Senator Monday Okpebholo, immediately called on the candidate of the Peoples Democratic Party in the September 21, 2024 governorship election in the state, Asue Ighodalo, to accept Thursday’s judgment of the Court of Appeal, which affirmed his victory as governor.
His Chief Press Secretary to the Governor, Fred Ituah, Okpebholo described the judgment as a confirmation of the people’s will and said it should serve as a clear signal for all political actors, especially Ighodalo.
He said that, “Governor Monday Okpebholo commends the judiciary for its diligence and commitment to justice and for once again demonstrating its role as the last hope of the common man.
4″This ruling is not just a victory for our party, the ruling All Progressives Congress, but a triumph for democracy and the rule of law in our Edo State.
“Governor Okpebholo urges the opposition and Asue Ighodalo to reflect on the judgment. The prolonged litigation only serves to distract from the urgent task of governance and delivering the dividends of democracy to the people.
“The governor has consistently extended an olive branch to all, irrespective of political leanings, emphasising that the development of our dear state remains paramount. He reiterates this call.
“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.”
Okpebholo assured the people of Edo State that he remains fully committed to his “people first” agenda, which is focused on accelerated development across all sectors, including infrastructure, education, healthcare, and economic empowerment.
“The administration of Governor Okpebholo urges all well-meaning citizens to remain calm and continue with their lawful activities.
“The government of Governor Monday Okpebholo is re-energised by this affirmation of its mandate and will continue to work tirelessly to serve the best interests of every resident of Edo State,” the statement added.
It will be recalled that the Justice Wilfred Kpochi-led three-member panel dismissed as lacking in merit the petitions by the PDP and its candidate; Action Alliance and its National Chairman, Adekunle Rufai Omoaje; as well as Accord and its candidate, Dr. Bright Enabulele
The tribunal held that it found no reason to nullify the outcome of the governorship election declared in favour of the APC and its candidate by the Independent National Electoral Commission.
The Independent National Electoral Commission (INEC) had declared Okpebholo the winner with 291,667 votes, defeating Ighodalo, who secured 247,655 votes.
Dissatisfied with the result, the petitioners approached the tribunal, alleging that the election was not conducted in substantial compliance with provisions of the Electoral Act, 2022.
In the petition, marked: EPT/ED/GOV/02/2024, PDP and its candidate alleged that Okpebholo did not secure the highest number of lawful votes that were cast at the election.
It was equally the contention of the petitioners that INEC failed to serialise and pre-record some of the sensitive materials that were deployed for the poll, a situation they said aided the rigging of the election in favour of the APC and its candidate.
Specifically, the PDP and its candidate alleged that there was wrong computation of results in 765 polling units, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.
Among exhibits the petitioners tendered before the tribunal were 153 Bimodal Voter Accreditation System machines that were used in 133 polling units.
According to the petitioners, results from the polling units were manipulated at the collation centres, a situation they said resulted in over-voting in Okpebholo’s favour.
However, in its judgement, the tribunal held that the petitioners failed to establish the case by way of credible evidence why the outcome of the election should be set aside.
It held that the onus of proving that Okpebholo was unduly returned by INEC rested squarely on the petitioners, a legal burden it said was not successfully discharged.
According to the tribunal, the PDP and its candidate merely dumped exhibits before it without demonstrating them through competent witnesses as required by the law.
It held that most of the witnesses that testified for the petitioners gave hearsay evidence, stressing that failure to produce polling unit agents, presiding officers, or voters to testify proved fatal to the case of the petitioners.
The tribunal held that section 137 of the Electoral Act did not preclude the petitioners from producing necessary and competent witnesses to testify in support of their case.
It further dismissed the contention of the petitioners that, contrary to the provision of section 73(2) of the Electoral Act, INEC failed to pre-record most of the materials that were deployed for the election.
Moreover, the tribunal held that none of the BVAS machines tendered before it were switched on to demonstrate that the number of votes recorded in the disputed polling units, exceeded the total number of accredited voters.
In its Thursday verdict, the appellate court upheld the decision of the tribunal. Meanwhile, the Minister of the Federal Capital Territory, FCT, Nyesom Wike, a chieftain of the PDP, has congratulated Okpebhole and asked Ighodalo to “accept the judgement and let sleeping dogs lie.”
Wike’s spokesperson, Media Lere Olayinka, said Governor Okpebholo has the capability to continue to provide good governance, saying, “I have watched him since he assumed office, and I can say that he has been doing well for Edo State and its people.
“For me, I believe in him, and I am confident that his government will have a sustainable impact on Edo State.”
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
