The Supreme Court has delivered its final verdict, conclusively affirming the election of Edo State Governor Monday Okpebholo in a judgment that reinforces critical principles of Nigeria’s electoral jurisprudence.
In a unanimous decision by a five-member panel presided over by Justice Mohammed Garba, the apex court dismissed the appeal filed by Peoples Democratic Party (PDP) candidate Asuerinme Ighodalo, marking the end of legal challenges to the September 21, 2024 governorship election.
The court’s ruling upheld the concurrent judgments of both the Edo State Governorship Election Petition Tribunal and the Court of Appeal, which had earlier validated Governor Okpebholo’s victory under the banner of the All Progressives Congress (APC).
In its detailed assessment, the Supreme Court found the appellant’s arguments fundamentally deficient, noting the failure to present credible and admissible evidence to substantiate claims of electoral irregularities, including allegations of over-voting and non-compliance with provisions of the Electoral Act 2022.
Central to the court’s decision was the appellant’s inability to discharge the burden of proof required under Nigerian law. The judgment emphasized that mere allegations, unsupported by concrete evidence or corroborated by relevant witnesses, could not form the basis for overturning an election
Specifically, the court highlighted the petitioner’s failure to properly demonstrate the evidence tendered, particularly regarding the Bimodal Voter Accreditation System (BVAS) machines, which were presented without the necessary forensic examination or testimony from polling unit officials.
The appeal, marked SC/CV/536/2025, had sought to invalidate the May 29 ruling of the Court of Appeal, which dismissed Ighodalo’s case and affirmed the Independent National Electoral Commission’s (INEC) declaration of Okpebholo as winner with 291,667 votes against the PDP candidate’s 247,655 votes.
The appellant had argued that the election was marred by substantial non-compliance with electoral laws, including alleged irregularities in 432 polling units across the state.
However, the Supreme Court found these claims unsubstantiated, noting that the petitioner merely “dumped” documents before the tribunal without linking them to specific instances of electoral malpractice.
This judgment follows a thorough judicial process that began at the tribunal level, where a three-member panel led by Justice Wilfred Kpochi had similarly dismissed petitions filed by the PDP, Action Alliance (AA), and Accord Party (AP).
The tribunal’s decision, later affirmed by the Court of Appeal, stressed that the petitioners failed to produce polling unit agents or other competent witnesses to validate their allegations, relying instead on hearsay evidence that carried no legal weight.
The Supreme Court’s ruling ultimately reinforces the principle that election petitions must be grounded in verifiable evidence and proper legal procedure. By dismissing the appeal, the court has not only affirmed Governor Okpebholo’s mandate but also underscored the importance of substantive proof in challenging election outcomes.
The decision brings finality to the Edo gubernatorial dispute, in accordance with Section 285(7) of the 1999 Constitution, which mandates the conclusion of such cases within 180 days.
Legal representatives for the parties included Chief Chris Uche SAN for the PDP, Stephen Adehi SAN for INEC, Lateef Fagbemi SAN for Governor Okpebholo, and Ahmad Usman El-Marzuq SAN for the APC. The judgment stands as a significant precedent in Nigeria’s electoral jurisprudence, emphasizing that allegations of electoral malpractice must be substantiated with credible evidence to warrant judicial intervention.
With this ruling, the Supreme Court has put to rest all legal contests surrounding the Edo State governorship election, allowing the administration of Governor Okpebholo to continue its mandate without further legal encumbrances.
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