Edo: PDP, Ighodalo head to Supreme Court as Appeal Court affirms Okpebholo’s election

From Juliana Taiwo-Obalonye, Godwin Tsa  and Tony Osauzo, Abuja

The Peoples Democratic Party (PDP) and its candidate in the Edo State governorship election have resolved to head to the Supreme Court, despite an appeal from Governor Monday Okpebholo to accept the Court of Appeal judgment affirming his electoral victory and embrace unity for the progress of the state.

The Abuja division of the Court of Appeal, yesterday affirmed the election of Okpebholo of the All Progressives Congress (APC).

A three-member panel of the appellate court led by Justice M. A. Danjuma, in a unanimous judgment, dismissed the appeal lodged by the PDP and Ighodalo against the outcome of the September 21, 2024 governorship election in Edo State.

The court dismissed the appeal for lack of merit.

Specifically, the court held that it found no reason to invalidate the May 15 judgement of the Edo State Governorship Election Petition Tribunal, which upheld the declaration of Okpebholo of the APC as winner of the gubernatorial contest.

Meanwhile,  in a swift reaction, Ighodalo vowed to challenge the judgment at the Supreme Court.

A chieftain of the PDP, who was in  court, said their legal legal team had been instructed to immediately lodge an appeal before the apex court.

But, in a statement in Benin, Okpebholo said the verdict reaffirmed the will of Edo people and signalled all political actors, especially Ighodalo, to set politics aside for the progress of the state.

Okpebholo praised the judiciary’s integrity, describing the ruling as a victory not just for the APC but for democracy and rule of law in Edo.

He urged Ighodalo and the opposition to reflect deeply on the judgment, adding that prolonged litigation distracts the incumbent from delivering good governance to the people.

Okpebholo reaffirmed his open-door policy, stating that Edo’s development remained the top priority, above partisan interest or political affiliations.

“Now is the time for statesmanship,” he said, noting that the legal process had been exhausted, and the verdict was final and binding.

The governor noted that he remained committed to his people’s first agenda, focusing on infrastructure, education, healthcare and economic empowerment across the state.

He called on citizens to remain peaceful and law-abiding, promising that his administration would intensify its people-centred development programmes with renewed energy.

With the legal battle now settled, Okpebholo reiterated that his government was ready to serve all Edo residents without exception or discrimination.

In his reaction, Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, described the judgment as “further confirmation of the mandate,” freely and genuinely given to Okpebholo by the people of Edo. He advised the governor to remain focused and committed to good governance and provision of dividends of democracy to the people.

The minister reiterated his belief in Okpebholo’s ability to continue to provide good governance to the Edo people. “I have watched him since he assumed office and I can say that he has been doing well for Edo and its people.

“For me, I believe in him and I am confident that his government will have a sustainable impact on Edo,” he said.

Wike also urged the PDP candidate to accept the judgment, for the interest of Edo. “Accept the judgment and allow the sleeping dogs of the election to lie.

The Justice Wilfred Kpochi-led three-member election tribunal had dismissed the petitions by the PDP and its candidate; the Action Alliance (AA), and its National Chairman, Adekunle Rufai Omoaje, as well as a case that was brought before it by the Accord Party (AP), and its own candidate, Dr. Bright Enabulele as lacking in merit.

In its unanimous judgment, 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, Okpebholo.

The Independent National Electoral Commission (INEC) had declared that Okpebholo of the APC secured a total of 291, 667 votes to defeat his closest rival, Ighodalo of the PDP, who got a total of 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.

The petitioners equally contended 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.

In its petition, PDP and its candidate alleged that there was wrong computation of results in 765 polling units in the state, even as they produced 19 witnesses that testified and tendered exhibits before the tribunal.

However, in its judgment, the tribunal held that the petitioners failed to, by way of credible evidence, establish 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 that participated in the election 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.