Less than 24 hours after summoning parties for its judgment, a purported ruling of the Edo State Governorship Election Petition Tribunal surfaced online, sparking controversy over the September 21, 2024, election.
The three-member panel, led by Justice Wilfred Kpochi, had on March 3 reserved judgment in the petition filed by the Peoples Democratic Party (PDP) and its candidate, Asuerinme Ighodalo, challenging Governor Monday Okpebholo’s victory. The tribunal later directed all parties to appear on Wednesday for the verdict.
However, on Tuesday, April 1, leaked copies of the judgment circulated online, revealing a divided decision. According to the documents seen by First News, Justices Kpochi and A. B. Yusuf dismissed the petition and upheld Okpebholo’s election.
In contrast, Justice A. A. Adewole, in a minority ruling, declared Ighodalo the rightful winner and ordered the Independent National Electoral Commission (INEC) to issue him a fresh Certificate of Return.
Justice Adewole, in his dissenting judgment, ruled that the election was invalid due to non-compliance with the Electoral Act.
“The petitioners’ case was not rebutted and showed, unit by unit, how the actual total should be 243,113 votes, while the 2nd Respondent’s tally should stand at 210,326 votes—a clear reversal of the declared result,” he reportedly held.
He maintained that Governor Okpebholo was not “duly elected by a majority of lawful votes cast” and nullified his return.
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However, in the lead judgment, Justice Kpochi acknowledged irregularities but ruled they were insufficient to overturn the election result.
“While there was credible evidence of non-compliance, particularly concerning section 73(2) (failure to record serial numbers in EC 25B) and section 51(2) (over-voting), the petitioners failed to demonstrate that these breaches substantially affected the outcome of the election as required under section 135(1) of the Electoral Act,” he stated.
The tribunal also noted discrepancies in result collation but concluded that the petitioners did not provide conclusive mathematical or documentary proof that Ighodalo secured the highest lawful votes.
Citing past Supreme Court decisions, including Oyetola v. Adeleke (2023) and Atiku v. INEC (2023), the panel ruled that the PDP failed to prove both the occurrence and substantial impact of non-compliance.
“We find that the petitioners have not discharged the dual burden to the satisfaction of the law. Accordingly, the petition lacks merit and is hereby dismissed,” the judgment read.
INEC had declared Okpebholo of the All Progressives Congress (APC) the winner with 291,667 votes, defeating Ighodalo, who polled 247,655 votes.
The PDP, however, alleged widespread irregularities, including the failure to pre-record sensitive materials used for the election, which they claimed enabled rigging.
With the tribunal yet to officially deliver its ruling, the leaked documents have raised concerns about the credibility of the judgment process.