By Tajudeen Balogun
There is anxiety as a three-member panel of the Court of Appeal, listening to appeals filed by the opposition People’s Democratic party (PDP) in the Edo State Governorship election, is set to announce the date of its ruling.
The notice followed the reserve of judgement, by the Court, presided over by Justice M. A. Danjuma, after listening to the final arguments and addresses by the lawyers to all parties.
The appeals were filed by the Peoples Democratic Party (PDP) and its flagbearer in the election, Asue Ighodalo.
They were marked: CA/ABJ/EPT/ED/GOV/01/2025, and another (a cross appeal) by the APC and Monday Okpebholo marked: CA/ABJ/EPT/ED/GOV/04/2025.
Recall that after the September 21, 2024 election, INEC declared Okpebholo as the winner, having polled 291,667 votes, as against his main challenger, Ighodalo of the PDP, who recorded 247,274 votes.
The candidate of the Labour Party (LP), Mr Olumide Akpata (SAN) emerged a distant third, with 22,763 votes.
Dissatisfied with the result, Ighodalo and the PDP headed to the State Election Petition Tribunal to challenge the outcome of the poll.
While hearing lasted, the plaintiffs told the court that the governorship election was invalid, because of alleged non-compliance with the provisions of the Electoral Act 2022, praying the Court to nullify the declaration of Okpebholo as the winner, on the ground that the election was allegedly marred by irregularities.
However, Ighodalo and PDP lost in April 2, 2025 ruling by the tribunal, which held that their petitions were without merit, adding that the petitioners failed to establish and substantiate why the outcome of the election should be quashed.
Following the ruling, Ighodalo and PDP again approached the Court of Appeal to challenge the decision, while Okpebholo also filed a cross-appeal.
The lawyers for the appellants, while arguing, prayed the court to upturn the judgment of the election tribunal.
Counsel to Ighodalo and the PDP, Robert Emukpoeruo (SAN), prayed court to allow the appeal Court set aside the judgment of the Tribunal.
He argued that in relation to the appellants’ allegations of non-compliance, the Tribunal failed to appreciate the nature of the non- compliance complained of.
Emukpoeruo noted that there was no record of serial number on Form EC25B as required by Section 73(2) of the Electoral Act, 2022, adding: “The tribunal said we required evidence of polling agents or witnesses to prove how the forms were filled or not filled”.
He added: “That was not our case. Our case was that the Form EC 25B did not contain the serial number”.
The appellants’ lawyer also argued that the Tribunal was wrong to claim that the documents his clients tendered at trial were dumped on the tribunal, noting that as against the Tribunal’s finding, oral evidence was not needed in the nature of the case of the appellants, who were petitioners before the tribunal, stating that his clients did not challenge the conduct of the election, but the conflict in the results collated and announced.
In addition, appellants argued that the results that were collated at the ward level were not the results declared at the polling units.
In their cross appeals, the respondents – Okphebolo and the ruling All Progressives Congress prayed the court to affirm the judgment by the Tribunal and dismiss the appeals.
Counsel to Okphebolo, Onyechi Ikpeazu (SAN) argued that the petition, which the appeals by Ighodalo and PDP filed before the Tribunal and the appeal are totally baseless and mere academic exercise.
Similarly, Counsel to the APC, Emmanuel Ukala (SAN), and the Independent Electoral Commission (INEC) Kanu Agabi, (SAN), argued in similar manner, praying the court to dismiss the appeals and affirm the judgment of the State Election Tribunal.
Still, Ighodalo and PDP accused the three-man panel of Edo Election Petition Tribunal, as working to produce a predetermined judgment, arguing that the judges were not patient and meticulous enough to peruse the documents tendered before the court, on merit.
The New Diplomat checks revealed that there is anxiety and high expectations from both – APC and PDP camps, with respect to the awaiting appellate ruling, which date is expected to be communicated soon, to all parties involved.
