Appeal Court reserves judgment in legal battle over Edo governorship election

The Court of Appeal sitting in Abuja has reserved judgment in a series of legal challenges stemming from the hotly contested Edo State governorship election held on September 21, 2024.

The Independent National Electoral Commission (INEC) had declared All Progressives Congress (APC) candidate, Monday Okpebholo, as the winner of that poll.

A three-member panel, led by Justice Mohamed Danjuma, concluded hearing arguments on Thursday involving three separate appeals and a cross appeal. The court has announced that a date for the final judgment will be communicated in due course.

Among the appeals is a major challenge filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, who are seeking to overturn the decision of the Edo State Election Petition Tribunal. The tribunal had upheld Okpebholo’s election victory in a ruling delivered on April 2.

Lead counsel for the PDP and Ighodalo, Robert Emukpoeruo, SAN, argued that the tribunal erred in its judgment regarding the alleged non-compliance with electoral laws.

Emukpoeruo stated, “The tribunal said we required evidence of polling agents or witnesses to prove how the forms were filled or not filled. That was not our case. Our case was that the Form EC 25B did not contain the serial number.”

He further contended that the tribunal mischaracterized the evidence presented, rejecting the notion that documents were “dumped” without proper explanation.

According to him, oral testimony was not necessary in this instance, as the case did not contest how the election was conducted, but rather inconsistencies in result collation.

“In conclusion,” he said, “part of his clients’ contention was that the results that were collated at the ward level were not the results declared at the polling units.”

On the other side, lawyers for the respondents defended the tribunal’s decision and asked the appellate court to dismiss the appeals. Onyechi Ikpeazu, representing one of the respondents, described the case as lacking practical relevance.

“The petition, which they filed before the tribunal and the appeal are totally an academic exercise,” he argued.

Similarly, Emmanuel Ukala, SAN, representing the APC, and Kanu Agabi, SAN, for INEC, echoed the call for dismissal.

The appellate court also heard two other related appeals—one filed by the Action Alliance (AA) and its National Chairman, Rufai Omoaje, and another by Bright Enabulele and the Accord Party.
The date for the court’s ruling on all matters is yet to be announced.