The Supreme Court has affirmed the election of Senator Monday Okpebholo of the All Progressives Congress (APC) as the duly elected governor of Edo State, putting an end to legal disputes arising from the September 21, 2024, governorship election.
A five-member panel of the apex court, in a unanimous judgment delivered on Thursday, dismissed the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Asue Ighodalo, ruling that the appellants failed to present “sufficient and credible evidence” to support their claims.
Justice Mohammed Lawal Garba, who read the lead judgment, resolved four out of five issues raised by the appellants against them, upholding the decisions of the lower courts, including the Court of Appeal, which had earlier affirmed Okpebholo’s victory.
Justice Garba found that the lower court acted correctly in rejecting the admission of the bimodal voter accreditation system (BVAS) machines tendered by the appellants from the bar without the prior consent of the respondents.
He further noted that the allegations of non-compliance with the Electoral Act were not backed by proper oral evidence as mandated by the law. He said:
“In this particular appeal, the appellants called a total of 19 witnesses, out of which only five were polling unit agents, whose testimonies were related to over voting.
“They did not testify on the issue of no prior recording of serial numbers and other particulars of the result sheets, the BVAS machines and other sensitive election materials as prescribed by the Electoral Act 2022.
“13 of the 19 witnesses called by the appellants were wards and Local Government agents, who did not witness the election at the polling units to be able to testify and or demonstrate the documents as it relates to the complaints of the appellants.
“Petitioner witness (PW) 12 who happened to be the appellants’ star witness, who was the Director of Research and Strategy of the first appellant’s campaign organisation, played no role in the voting at the polling units.
“In the circumstances, all the documents tendered before the tribunal, in respect of sundry allegations of not filling the form, of over voting, etc were documents that were dumped on the tribunal,” he said.
He emphasized that the appellants were required to tender three key pieces of evidence to substantiate their claims of over voting: the voters register for affected polling units, the BVAS machines used in those units, and the result sheets (Form EC8A).
“It is when these documents are tendered that the court will have the opportunity of comparing the number of votes recorded in Form EC8A, the primary source, and the number of accredited voters in the BVAS machines to ensure that those figures tally and do not exceed the number of registered voters,” Justice Garba stated.
He held that the appellants’ failure to tender these documents was fatal to their claims. Additionally, he faulted the manner in which the BVAS machines were presented to the tribunal:
“In this case, the BVAS machines were merely tendered from the bar, without being opened and demonstrated before the tribunal and so, they were clearly dumped on the tribunal.”
Justice Garba also dismissed the appellants’ allegation regarding Form EC25B, clarifying that the form in question does not contain fields for sensitive election material data before elections. That information, he noted, is captured in Form EC40A, which was properly filled by INEC.
The judge stressed that even if irregularities occurred in the 395 polling units challenged by the appellants, there was no proof that such non-compliance affected the outcome of the election held across 4,519 polling units in Edo State.
He concluded that: “The appellants did not satisfactorily discharge the burden of proof as required by the law,” and added that other allegations of vote exclusion and reduction were also not proven with credible evidence.
The court dismissed the appeal as lacking in merit and affirmed the judgment delivered by the Court of Appeal on May 29, which had earlier upheld the tribunal’s ruling confirming Okpebholo’s election.
Ighodalo Reacts: ‘I Feel Betrayed’
In a statement released after the judgment, PDP candidate Asue Ighodalo expressed disappointment, maintaining that the ruling failed to reflect justice.
He said: “My dear people of Edo State, today, the Supreme Court has ruled.
“Though I accept the finality of its judgment, I do not and cannot pretend that what was delivered amounts to justice.
“What happened in the September 2024 Governorship Election was not a contest. It was a robbery. Coordinated. Deliberate. And now, tragically validated by the highest court in the land.
“While I will not and can not obstruct any judicial pronouncement, no matter how flawed, I must never fear to speak truth to power.
“Like you, I feel a deep sense of betrayal. Not just by those who rigged the process, but by the very institutions we trusted to protect our democracy.
“You came out in hope. You voted for competence, for progress, for prosperity. And now, we are told that your voice does not matter. That your freely given mandate can be trampled without consequence.
“I feel your pain. I share your anger. And I will never forget your courage.
“To every young person who saw in this moment the birth of a new Edo, to every elder who longed to see our state rise again, to every woman and man who prayed, campaigned, and voted, we may not have won the office, but we won something greater.
“We found one another. We discovered our collective strength. Though this painful chapter closes today, our beautiful story does not end. The struggle to reclaim the soul of our beloved state continues.
“Yes, dark days may lie ahead. The weight of this illegitimacy will, unfortunately, echo beyond the halls of the Supreme Court. I fear Edo will feel it in the absence of leadership, in the poverty of policy, and in the daily suffering of her people.
“But we are neither a fearful nor a broken people. We may be wounded. But all wounds heal.
“So let this be our vow. We will not retreat. We will not be silenced. And we will never forget.
“To those who now hold power undeserved, lead with humility. Govern with conscience. History sees what the courts may not. And one day, it will deliver its own verdict,” Ighodalo said.
Okpebholo Dedicates Victory to Edo People
Meanwhile, Governor Monday Okpebholo, through a statement by his Chief Press Secretary Fred Itua, described the Supreme Court judgment as a “definitive verdict” that closes all legal challenges to his election.
“This definitive verdict is not merely a legal triumph—it is a solemn reaffirmation of the sacred mandate freely given by the people of Edo State,” the statement read.
“It signals the beginning of a fresh chapter rooted in unity, inclusiveness, and accelerated development.
“His Excellency, Governor Monday Okpebholo, extends profound gratitude to the judiciary for its courage and fidelity to justice, and to the great people of Edo State for their unflinching support, patience, and faith in democracy.
“He views this moment not as a personal victory but as a shared triumph for every Edo citizen, regardless of political, ethnic, or religious affiliation.
“Governor Okpebholo renews his vow to lead with humility, compassion, and accountability. His administration remains fully committed to its developmental blueprint—prioritizing security, infrastructure, education, agriculture, healthcare, youth empowerment, and job creation.
“The focus remains clear: to deliver tangible benefits that uplift lives and restore confidence in public leadership.
“In the true spirit of statesmanship, Governor Okpebholo extends a sincere olive branch to all his opponents and members of the opposition. The elections are over; the real work of governance and healing must begin.
“He urges political leaders across party lines to rise above division and contribute constructively to the task of building a greater Edo State.
“Constructive criticism and diverse perspectives will always be welcomed, but they must be rooted in a sincere desire to see Edo thrive.
“Edo belongs to all of us. The time has come to set aside our differences, close ranks, and march forward—united in purpose, anchored in peace, and driven by a shared vision of progress.
“Let this victory ignite a new era of unity, dialogue, and impact-driven governance. Let history remember this moment as the point when Edo chose collaboration over conflict, vision over vendetta, and service over self,” the statement concluded.
