The Supreme Court of Nigeria has officially affirmed Governor Monday Okpebholo of the All Progressives Congress (APC) as the duly elected Governor of Edo State, dismissing the legal challenge filed by the Peoples Democratic Party (PDP) candidate, Asuerinme Ighodalo.
Delivering judgment on Thursday, a five-member panel led by Justice Mohammed Garba unanimously ruled that the appeal lacked merit, finding no compelling reason to overturn the earlier decisions of the Edo State Election Petition Tribunal and the Court of Appeal, both of which upheld Okpebholo’s victory in the September 21, 2024 governorship election.
The Supreme Court held that the PDP failed to present credible evidence to support its claims of electoral malpractice, including allegations of over-voting and non-compliance with the Electoral Act. The court noted that many of the documents submitted by the PDP were not substantiated by live testimony, particularly regarding the use of the Bimodal Voter Accreditation System (BVAS).
“The burden of proof lies with the petitioner, and in this case, it was not adequately discharged,” Justice Garba stated while delivering the lead judgment.
The appeal, filed under reference SC/CV/536/2025, sought to overturn the Court of Appeal’s ruling of May 29, 2025, which had previously confirmed Okpebholo’s victory. Ighodalo and the PDP argued that the election was marred by irregularities and requested the court to declare them winners based on valid votes.
In defence, the Independent National Electoral Commission (INEC), Governor Okpebholo, and the APC maintained that the election was free, fair, and credible, urging the court to uphold the results.
INEC’s official results indicated that Okpebholo secured 291,667 votes, defeating Ighodalo, who polled 247,655 votes. The PDP’s petition alleged that votes were miscounted in 765 polling units and that INEC failed to follow proper procedures in managing election materials.
Although the PDP submitted BVAS data from 133 polling units and called 19 witnesses, the tribunal and appellate court found that the evidence lacked proper demonstration and that much of the testimony was hearsay. The courts highlighted that essential witnesses, such as presiding officers and voters from the affected units, were not called, significantly weakening the PDP’s case.
The tribunal, led by Justice Wilfred Kpochi, had also previously dismissed petitions filed by the Action Alliance (AA) and Accord Party, upholding Okpebholo’s victory.
The Supreme Court’s ruling on Thursday firmly validates Governor Okpebholo’s mandate and ends the legal contest surrounding the Edo State governorship election.
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