Confusion arose as leaked copies of a yet-to-be-delivered judgement of the Edo State Governorship Election Tribunal surfaced online, just hours before the official verdict was expected.
The leaked document, which circulated widely on the internet, suggested that the tribunal’s lead judgement dismissed the petition and upheld the election of Governor Monday Okpebholo.
The Justice Wilfred Kpochi-led three-member tribunal had reserved judgement on March 3 in the case filed by the Peoples Democratic Party (PDP) and its candidate, Mr. Asue Ighodalo, challenging the outcome of the September 21, 2024, governorship election.
On Tuesday morning, the tribunal summoned all parties to appear before it on Wednesday, April 2, 2025, for the official ruling.
However, ahead of the scheduled judgement, copies of the ruling were leaked online, revealing a two-to-one split decision among the judges.
According to the leaked document, Tribunal Chairman Justice Kpochi and Member 1, Justice A. B. Yusuf, dismissed the petition and affirmed Governor Okpebholo’s election.
In contrast, the third member, Justice A. A. Adewole, ruled in favor of Ighodalo and ordered the Independent National Electoral Commission (INEC) to issue him a fresh Certificate of Return.
In his dissenting judgement, Justice Adewole asserted that Governor Okpebholo’s election was invalid due to non-compliance with electoral laws.
He stated, “The 2nd Respondent, Governor Okpebholo, was not duly elected by a majority of lawful votes cast,” before nullifying his victory in the gubernatorial contest.
Justice Adewole further argued that the petitioners provided evidence, unit by unit, showing that the actual vote total should be 243,113 for Ighodalo and 210,326 for Okpebholo—directly contradicting the declared results.
However, the lead and majority judgement delivered by Justice Kpochi acknowledged irregularities but ruled that they did not substantially affect the election outcome.
“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,” Justice Kpochi stated.
Addressing the issue of lawful votes, the majority decision noted that the petitioners had identified inconsistencies in collation and result exclusions but could not prove that the margin of victory had been overturned.
The ruling referenced past Supreme Court judgements, including Oyetola vs. Adeleke (2023, 10 NWLR Pt 1892) and Atiku vs. INEC (2023, 19 NWLR Pt 1927), affirming that while irregularities occurred, they were not substantial enough to alter the declared winner.
“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 majority ruling concluded.
Meanwhile, the authenticity of the leaked judgement remains unconfirmed, as DAILY GAZETTE was unable to verify its source at the time of reporting.
INEC had previously announced that Okpebholo of the All Progressives Congress (APC) won the election with 291,667 votes, defeating Ighodalo of the PDP, who secured 247,655 votes.
Dissatisfied with the result, Ighodalo and the PDP filed a petition on October 11, 2024, arguing that the election was not conducted in substantial compliance with the Electoral Act, 2022.
