The Supreme Court of Nigeria on Thursday upheld the election of Senator Monday Okpebholo as the duly elected Governor of Edo State, dismissing the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo.
Delivering the lead judgment, Justice Lawal Garba, on behalf of the five-member panel of the apex court, ruled that the appellants failed to substantiate their claims of over-voting, electoral irregularities, and non-compliance with the Electoral Act.
“The appellants failed to prove their case,” the court held, affirming that Ighodalo did not receive the majority of lawful votes cast in the election.
Specifically, the Supreme Court noted that the PDP’s challenge was limited to just 395 out of the 4,519 polling units across the state and that the 19 witnesses called by the petitioners at the tribunal stage failed to strengthen their claims.
“There was no credible evidence linking the allegations to the purported irregularities,” the court stated, adding that it found no reason to overturn the concurrent judgments of the lower courts.
The judgment marks the final legal blow to the PDP’s case, which had already been dismissed by both the Election Petition Tribunal and the Court of Appeal.
On May 29, 2025, the Court of Appeal, Abuja Division, had upheld the ruling of the Edo State Election Petition Tribunal delivered on April 2, 2025, both affirming Okpebholo’s victory.
The lower courts had concluded that Ighodalo and the PDP failed to prove allegations of over-voting, incorrect collation, and the non-serialisation of ballots.
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Justice Wilfred Kpochi, who chaired the Tribunal, ruled that the petitioners’ case lacked merit and failed to meet the burden of proof.
“It still remains the law that documents do not speak for themselves.
“A petitioner must prove their evidence. The allegation of non-compliance must be proved,” the tribunal held.
“The failure by the petitioners to call polling unit agents, presiding officers, or registered voters was fatal to the case,” the tribunal added.
It also faulted the petitioners for presenting hearsay evidence and not adequately demonstrating how the BVAS machines supported their claims of irregularities.
The petitioners had claimed that Okpebholo did not score the highest number of lawful votes and alleged widespread manipulation, citing irregularities in 765 polling units.
However, they were unable to substantiate these claims with credible witnesses or forensic proof.
In the final election results declared by the Independent National Electoral Commission (INEC), Okpebholo of the All Progressives Congress (APC) secured 291,667 votes, while Ighodalo of the PDP received 247,655 votes.