Ighodalo, Ajayi face daunting job amid opposition historic losses at tribunals

Because the Peoples Democratic Party candidates within the current 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 could 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 Party, 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 gained the election.

Historic views

Many a time, aggrieved candidates typically resort to the election petition tribunal as soon as they lose an election. However normally, they hardly get the specified victory as their petitions typically get dismissed both on technical or evidentiary grounds.

Historical past has proven that solely as soon as had the opposition get together 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 Party 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 have 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 Appeal in Benin. The appellate courtroom upheld the tribunal verdict, declaring Mimiko the rightful winner of the 2007 election. This judgment, observers consider, stays essentially the most important tribunal verdict within the state’s historical past.

After Mimiko’s re-election in 2012 below the Labour Party, his victory was contested by opposition candidates from the PDP and Motion Congress of Nigeria. Their petitions have 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 major that produced Akeredolu. Nevertheless, the tribunal dismissed Jegede’s case on three grounds which embrace failure to show noncompliance, technical deficiencies and judicial precedent.

The tribunal dominated that Jegede failed to offer ample proof of considerable APC’s noncompliance with the Electoral Act that might have altered the result of the election. It additionally said that the PDP candidate’s petition failed to satisfy 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 Party and Motion Alliance additionally filed petitions to problem the election outcomes. Nevertheless, the petitions have 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 choice was upheld by the Appeal Court docket, marking a major political victory within the state’s historical past.

Apart from Oshiomhole’s historic tribunal victory in 2008, there isn’t a file of one other governorship candidate who has reclaimed his mandate by means of 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 by means of 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 Appeal and Supreme Court docket affirmed this choice.

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 levels, the 2 candidates have expressed confidence in rising victorious although earlier developments counsel the tribunal course of typically ends in choices that favour the declared winner of the elections, who’ve in current occasions 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 inside the framework of the Nigerian judiciary.

He said, “I gained all 15 instances introduced in opposition to me from the first election. So, I can’t say I don’t place confidence in the judiciary. I definitely 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 employees and cops, subverted the desire of the individuals. They’re enemies of democracy in Nigeria. I’ll use each lawful and bonafide 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 outcome as a miscarriage and homicide of democracy.

“Our get together 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 PidomNigeria, the Director Common of the PDP Marketing campaign Council for the Ondo governorship election, Dr. Eddy Olafeso, said that the get together 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 affordable 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-Common 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 staff might be decisive.

“The 2 tribunals are nonetheless within the early levels. The Edo State tribunal started proceedings on Monday, however we’ve but to know the date for the Ondo tribunal sitting. One factor is definite—the energy of the proof the opposition candidates and their events current, and the aptitude of their authorized groups to argue successfully, will decide the result. Let’s wait and see the way it unfolds,” the professor said.

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 get together candidates typically 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 get together.

In keeping with Ameh, the Ondo and Edo state election petition tribunals aren’t any exception, with historical past displaying that solely as soon as has an opposition get together candidate secured victory in every of the 2 state’s tribunals.

He mentioned for the opposition get together candidates to extend their possibilities of securing beneficial verdicts on the tribunals, they have 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 robust case,” Ameh defined.

Whereas noting that participating consultants in electoral regulation, 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 also be important. Opposition get together candidates should concentrate on merit-based argumentation, avoiding emotional or biased appeals. Highlighting authorized technicalities, corresponding to procedural errors or irregularities, may also be efficient,” the CUPP secretary said.

He confused that efficient engagement with the tribunal was additionally essential, noting that opposition get together candidates should set up clear and concise communication with tribunal judges, emphasising the significance of impartiality.

Past the tribunals, Ameh mentioned the opposition get together candidates should be ready for the potential of appeals, noting that making certain a radical evaluation of the tribunal’s choice and making ready for potential appeals may help safeguard in opposition to judicial bias or irregularities.