The Appeal Court sitting in Abuja has dismissed the petition filed by the candidate of the Peoples Democratic Party in the Edo State off-cycle governorship election which was held on September 121, 2023, Asue Ighodalo, against the victory of the State Governor, Senator Monday Okpebholo, who was declared the duly winner of the poll. In a
The Appeal Court sitting in Abuja has dismissed the petition filed by the candidate of the Peoples Democratic Party in the Edo State off-cycle governorship election which was held on September 121, 2023, Asue Ighodalo, against the victory of the State Governor, Senator Monday Okpebholo, who was declared the duly winner of the poll.
In a unanimous judgement delivered by a three-member panel led by Justice Mohamed Danjuma on Thursday, the appellate court held that the petition filed by Mr Ighodalo and the PDP lacked merit and substantial backing, thereby dismissing it.
The appellate court ruled that since the PDP and Asue Ighodalo could not establish the miscarriage of justice in the ruling of the Edo State Election Petition Tribunal during their presentation before the Court of Appeal, there was no strong reason to overturn the verdicts of the tribunal.
The Independent National Electoral Commission (INEC) has declared the APC candidate the winner of the election, having polled 291,667 votes. He was followed by Asue Ighodalo, who came in second with 247,247 votes, while Mr. Olumide Akpata of the Labour Party came in far third with 22,763 votes. Other candidates who contested the poll got a small fraction of the votes .
According to the electoral commission, the APC candidate won ten of the 18 local government areas, with the PDP candidate winning marginally in the remaining local councils.
Not satisfied with the outcome of the election, the PDP, its candidates, and other political parties approached the Edo State Election Petition Tribunal and filed petitions against its conduct. In their arguments, they alleged that the election was not in compliance with the Electoral Act 2022, stating that INEC ought to have nullified the polls instead of declaring Senator Monday Okphebolo the winner.
As a result, some petitioners requested that the tribunal nullify the election and order a fresh election in Edo, where the provisions of the Electoral Act 2022 are applicable. Ighhodalo requested that the court order INEC to declare him the winner of the election following the nullification of Senator Okpebholo’s victory in the poll.
However, Justice Wilfred Kpochi of the tribunal, in the lead judgement, faulted the allegations and prayers of the PDP and Asue Ighodalo for failing to convince the tribunal of non-compliance. He also noted that the petitioners failed to bring in substantial evidence that suggested noncompliance and irregularities during the election. The judgement upheld the declaration made by the electoral body.
Not satisfied with the judgement of the tribunal, Ighodalo approached the Appeal Court to seek redress, but the upper court dismissed his case and insisted that the tribunal was right with its verdicts and there was no reason for its judgement to be reversed.
Reacting to the judgement of the Appeal Court, the Edo State Governor, Senator Monday Okphebolo, expressed his satisfaction with the ruling, stating that it further validates his legitimacy as the choice of the people during the election.
The governor, in a statement issued by his chief press secretary, Fred Ituah, also called on the PDP and its candidate, Asue Ighodalo, to work together and embrace the spirit of sportsmanship after the judgement.
This statement partly reads, “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 concluded, and the Court of Appeal’s verdict is unambiguous.
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.”
