Because the Peoples Democratic Social gathering candidates within the latest Edo and Ondo states off-cycle governorship elections problem the outcomes of the polls on the election petition tribunals, IMOLEAYO OYEDEYI examines the authorized hurdles earlier than them and what might doubtless truncate their possibilities of victory
Edo and Ondo states are set to witness one other spherical of battles following the petitions filed by the candidates of the Peoples Democratic Social gathering, Agboola Ajayi (Ondo) and Asue Ighodalo (Edo) who’re difficult the outcomes declared by the Impartial Nationwide Electoral Fee for the September 21 and November 16 governorship elections held within the two states.
Ajayi got here second within the Ondo election, garnering 117,845 votes in comparison with the 366,781 votes polled by the state governor and candidate of the All Progressives Congress, Fortunate Aiyedatiwa, who was declared winner by INEC.
Equally, Ighodalo got here second within the Edo election, polling 247,274 votes in opposition to the 291,667 votes secured by the APC candidate, Monday Okpebholo, who received the election.
Historic views
Many a time, aggrieved candidates usually resort to the election petition tribunal as soon as they lose an election. However normally, they hardly get the specified victory as their petitions usually get dismissed both on technical or evidentiary grounds.
Historical past has proven that solely as soon as had the opposition celebration candidates declared winners by tribunals within the two states. Within the case of Ondo, a former governor of the state, Olusegun Mimiko, stays the one opposition candidate who defeated an incumbent governor within the present democratic dispensation.
Mimiko of the Labour Social gathering contested the Ondo State 2007 gubernatorial election in opposition to Dr. Olusegun Agagu of the PDP, who was the sitting governor. However the election outcomes had been manipulated to favour Agagu who was ultimately declared winner by INEC. Dissatisfied, Mimiko swiftly approached the tribunal and secured a morale-boosting victory.
The late Agagu and PDP subsequently filed an attraction, which was dismissed in 2009 by the Court docket of Enchantment in Benin. The appellate court docket upheld the tribunal verdict, declaring Mimiko the rightful winner of the 2007 election. This judgment, observers imagine, stays probably the most vital tribunal verdict within the state’s historical past.
After Mimiko’s re-election in 2012 beneath the Labour Social gathering, his victory was contested by opposition candidates from the PDP and Motion Congress of Nigeria. Their petitions had been dismissed for lack of benefit, affirming Mimiko’s second-term win.
Equally, after the 2016 governorship election within the state, the candidate of the Alliance for Democracy, Olusola Oke, challenged the late Governor Rotimi Akeredolu’s victory. Akeredolu was the candidate of the APC. Oke alleged irregularities and malpractices however the tribunal dismissed his case for missing substantial proof.
Additionally, after the 2020 governorship election within the state which introduced in Akeredolu for a second time period, the PDP candidate, Eyitayo Jegede, approached the state election petition tribunal to problem Akeredolu’s re-election. Jegede alleged irregularities and faulted the APC main that produced Akeredolu. Nonetheless, the tribunal dismissed Jegede’s case on three grounds which embody failure to show noncompliance, technical deficiencies and judicial precedent.
The tribunal dominated that Jegede failed to supply ample proof of considerable APC’s noncompliance with the Electoral Act that would have altered the result of the election. It additionally acknowledged that the PDP candidate’s petition failed to fulfill the required technical necessities to invalidate the governor’s nomination, noting that substantial proof, not simply allegations, was what was required to overturn an election.
In that very same 12 months, candidates from the All Peoples Social gathering and Motion Alliance additionally filed petitions to problem the election outcomes. Nonetheless, the petitions had been dismissed on procedural grounds, because the events failed to finish pre-trial formalities.
In Edo State, the one time a governorship candidate reclaimed his mandate on the tribunal was in 2008. Adams Oshiomhole of the ACN challenged the 2007 governorship election outcomes declared in favour of Oserheimen Osunbor of the PDP.
The tribunal dominated in Oshiomhole’s favour, citing irregularities and declaring him the rightful winner. This determination was upheld by the Enchantment Court docket, marking a big political victory within the state’s historical past.
Except for Oshiomhole’s historic tribunal victory in 2008, there isn’t any file of one other governorship candidate who has reclaimed his mandate via the tribunal within the state’s political historical past. Oshiomhole’s case stays a landmark occasion.
After Oshiomhole’s re-election in 2012, the PDP candidate, Maj. Gen. Charles Airhiavbere (retd) thought he may sack the previous president of the Nigerian Labour Congress via the tribunal, however he failed as his petition, premised on qualification points and electoral malpractices, was dismissed by the tribunal.
4 years afterward, one other PDP governorship candidate, Pastor Osagie Ize-Iyamu approached the identical election petition tribunal, difficult the election of Godwin Obaseki of the APC on the grounds of irregularities and misconduct. However the tribunal upheld Obaseki’s victory, and the Court docket of Enchantment and Supreme Court docket affirmed this determination.
Successful at election tribunals arduous
In keeping with political analysts, these instances illustrate the authorized hurdles confronted by candidates making an attempt to overturn election outcomes within the two states, underscoring the excessive evidentiary burden positioned on them being the petitioners.
Like previous opposition candidates, each Ajayi and Ighodalo have filed petitions in opposition to the ruling APC candidates on the election petition tribunals of their respective states, citing noncompliance with the Electoral Act and irregularities.
Though the instances are nonetheless on the preliminary phases, the 2 candidates have expressed confidence in rising victorious although earlier traits recommend the tribunal course of usually leads to choices that favour the declared winner of the elections, who’ve in latest instances been the candidates of the ruling APC.
Ighodalo, the Edo State PDP candidate, has expressed unwavering confidence within the judiciary, asserting his certainty of victory on the tribunal.
Talking throughout a tv program in Benin, the state capital, Ighodalo emphasised that his 40 years of expertise as a lawyer had taught him that justice was nonetheless attainable throughout the framework of the Nigerian judiciary.
He acknowledged, “I received all 15 instances introduced in opposition to me from the first election. So, I can not say I don’t think about the judiciary. I actually do. It stays the final hope of the widespread man.”
He additional claimed that observers of the Edo governorship election rated the collation course of poorly, highlighting that the proof proving his victory was indeniable.
“Some APC chieftains, in collaboration with compromised INEC workers and cops, subverted the desire of the folks. They’re enemies of democracy in Nigeria. I’ll use each lawful and legit means to retrieve and reclaim the mandate from those that shamelessly stole it,” he added.
Equally, Ighodalo’s counterpart in Ondo, Ajayi, additionally expressed confidence in securing victory on the election tribunal, regardless of the historic failures of opposition candidates on the state tribunal.
Whereas addressing journalists on the PDP Secretariat in Akure, the state capital, Ajayi described the election consequence as a miscarriage and homicide of democracy.
“Our celebration has taken the lawful step of submitting a petition on the electoral tribunal. Whereas we’ll chorus from discussing the case intimately, I guarantee you that we stay dedicated to pursuing justice. Our persons are educated, resilient, and decided to see democracy upheld,” he declared.
Chatting with Sunday PUNCH, the Director Basic of the PDP Marketing campaign Council for the Ondo governorship election, Dr. Eddy Olafeso, acknowledged that the celebration had submitted its findings to the tribunal and remained assured of victory regardless of the challenges.
“If we are able to show our case past all cheap doubt—and that’s precisely what we intend to do—we’ll safe victory, although the electoral course of seems to have been deeply corrupted,” Olafeso asserted.
A professor of Political Science and former Secretary-Basic of the African Affiliation of Political Science, Prof. Adele Jinadu, remarked that whereas reaching victory at Nigerian electoral tribunals might be arduous, the burden of proof and the mental rigour of a petitioner’s authorized group might be decisive.
“The 2 tribunals are nonetheless within the early phases. The Edo State tribunal started proceedings on Monday, however we’ve but to know the date for the Ondo tribunal sitting. One factor is for certain—the energy of the proof the opposition candidates and their events current, and the potential of their authorized groups to argue successfully, will decide the result. Let’s wait and see the way it unfolds,” the professor acknowledged.
Additionally commenting, the Nationwide Secretary of the Coalition of United Political Events, Chief Peter Ameh, famous that the Nigerian electoral panorama had been marred by allegations of electoral malpractice, manipulation, and malfeasance.
This, he mentioned, had led to a proliferation of election petitions, with opposition celebration candidates usually discovering it difficult to safe beneficial verdicts on the tribunals after the emergence of clear proof of rigging by the electoral fee in connivance with the ruling celebration.
In keeping with Ameh, the Ondo and Edo state election petition tribunals are not any exception, with historical past displaying that solely as soon as has an opposition celebration candidate secured victory in every of the 2 state’s tribunals.
He mentioned for the opposition celebration candidates to extend their possibilities of securing beneficial verdicts on the tribunals, they need to interact in thorough pre-trial preparation.
“This entails conducting a meticulous investigation into allegations of electoral malpractice, manipulation, and malfeasance. Gathering concrete proof to assist claims is essential, because it gives the inspiration for a powerful case,” Ameh defined.
Whereas noting that partaking specialists in electoral legislation, politics, and forensic evaluation may assist strengthen the case, he mentioned witnesses should even be ready to testify credibly and successfully.
“A well-crafted authorized technique can be important. Opposition celebration candidates should give attention to merit-based argumentation, avoiding emotional or biased appeals. Highlighting authorized technicalities, reminiscent of procedural errors or irregularities, can be efficient,” the CUPP secretary acknowledged.
He pressured that efficient engagement with the tribunal was additionally crucial, noting that opposition celebration candidates should set up clear and concise communication with tribunal judges, emphasising the significance of impartiality.
Past the tribunals, Ameh mentioned the opposition celebration candidates have to be ready for the opportunity of appeals, noting that guaranteeing a radical overview of the tribunal’s determination and making ready for potential appeals will help safeguard in opposition to judicial bias or irregularities.