Because the Peoples Democratic Birthday party applicants within the contemporary Edo and Ondo states off-cycle governorship elections problem the result of the polls on the election petition tribunals, IMOLEAYO OYEDEYI examines the felony hurdles earlier than them and what would possibly most likely compres their probabilities of victory
Edo and Ondo states are all set to eyewitness some other spherical of battles following the petitions filed by way of the applicants of the Peoples Democratic Birthday party, Agboola Ajayi (Ondo) and Asue Ighodalo (Edo) who’re difficult the consequences declared by way of the Detached Nationwide Electoral Fee for the September 21 and November 16 governorship elections held within the two states.
Ajayi got here moment within the Ondo election, garnering 117,845 votes in comparison to the 366,781 votes polled by way of the order governor and candidate of the All Progressives Congress, Fortunate Aiyedatiwa, who was once declared winner by way of INEC.
In a similar way, Ighodalo got here moment within the Edo election, polling 247,274 votes towards the 291,667 votes tie by way of the APC candidate, Monday Okpebholo, who gained the election.
Ancient views
Many a life, aggrieved applicants frequently lodge to the election petition tribunal when they lose an election. However usually, they infrequently get the required victory as their petitions frequently get disregarded both on technical or evidentiary disciplines.
Historical past has proven that simplest as soon as had the opposition birthday party applicants declared winners by way of tribunals within the two states. Relating to Ondo, a former governor of the order, Olusegun Mimiko, left-overs the one opposition candidate who defeated an incumbent governor within the stream democratic dispensation.
Mimiko of the Labour Birthday party contested the Ondo Atmosphere 2007 gubernatorial election towards Dr. Olusegun Agagu of the PDP, who was once the sitting governor. However the election effects have been manipulated to favour Agagu who was once ultimately declared winner by way of INEC. Disappointed, Mimiko impulsively approached the tribunal and tie a morale-boosting victory.
The overdue Agagu and PDP due to this fact filed an enchantment, which was once disregarded in 2009 by way of the Courtroom of Attraction in Benin. The appellate court docket preserved the tribunal verdict, mentioning Mimiko the rightful winner of the 2007 election. This judgment, witnesses imagine, left-overs probably the most important tribunal verdict within the order’s historical past.
Then Mimiko’s re-election in 2012 below the Labour Birthday party, his victory was once contested by way of opposition applicants from the PDP and Motion Congress of Nigeria. Their petitions have been disregarded for inadequency of advantage, putting forward Mimiko’s second-term win.
In a similar way, nearest the 2016 governorship election within the order, the candidate of the Alliance for Sovereignty, Olusola Oke, challenged the overdue Governor Rotimi Akeredolu’s victory. Akeredolu was once the candidate of the APC. Oke alleged irregularities and malpractices however the tribunal disregarded his case for missing considerable proof.
Additionally, nearest the 2020 governorship election within the order which introduced in Akeredolu for a moment word, the PDP candidate, Eyitayo Jegede, approached the order election petition tribunal to problem Akeredolu’s re-election. Jegede alleged irregularities and faulted the APC number one that produced Akeredolu. Alternatively, the tribunal disregarded Jegede’s case on 3 disciplines which come with failure to turn out noncompliance, technical deficiencies and judicial precedent.
The tribunal dominated that Jegede didn’t grant ample proof of considerable APC’s noncompliance with the Electoral Employment that may have altered the end result of the election. It additionally mentioned that the PDP candidate’s petition failed to fulfill the essential technical necessities to invalidate the governor’s nomination, noting that considerable proof, now not simply allegations, was once what was once required to topple an election.
In that very same era, applicants from the All Peoples Birthday party and Motion Alliance additionally filed petitions to problem the election effects. Alternatively, the petitions have been disregarded on procedural disciplines, because the events failed to finish pre-trial formalities.
In Edo Atmosphere, the one life a governorship candidate reclaimed his mandate on the tribunal was once in 2008. Adams Oshiomhole of the ACN challenged the 2007 governorship election effects declared in general of Oserheimen Osunbor of the PDP.
The tribunal dominated in Oshiomhole’s favour, bringing up irregularities and mentioning him the rightful winner. This resolution was once preserved by way of the Attraction Courtroom, marking a vital political victory within the order’s historical past.
Apart from Oshiomhole’s historical tribunal victory in 2008, there is not any report of some other governorship candidate who has reclaimed his mandate during the tribunal within the order’s political historical past. Oshiomhole’s case left-overs a landmark tournament.
Then Oshiomhole’s re-election in 2012, the PDP candidate, Maj. Gen. Charles Airhiavbere (retd) idea he may sack the previous president of the Nigerian Labour Congress during the tribunal, however he failed as his petition, premised on qualification problems and electoral malpractices, was once disregarded by way of the tribunal.
4 years later on, some other PDP governorship candidate, Pastor Osagie Ize-Iyamu approached the similar election petition tribunal, difficult the election of Godwin Obaseki of the APC at the disciplines of irregularities and misconduct. However the tribunal preserved Obaseki’s victory, and the Courtroom of Attraction and Superb Courtroom affirmed this resolution.
Successful at election tribunals hard
In step with political analysts, those instances illustrate the felony hurdles confronted by way of applicants making an attempt to topple election results within the two states, underscoring the prime evidentiary burden put on them being the petitioners.
Like while opposition applicants, each Ajayi and Ighodalo have filed petitions towards the ruling APC applicants on the election petition tribunals of their respective states, bringing up noncompliance with the Electoral Employment and irregularities.
Even though the instances are nonetheless on the initial phases, the 2 applicants have expressed self belief in rising victorious even if earlier traits recommend the tribunal procedure frequently leads to selections that favour the declared winner of the elections, who’ve in recent years been the applicants of the ruling APC.
Ighodalo, the Edo Atmosphere PDP candidate, has expressed persuaded self belief within the judiciary, saying his walk in the park of victory on the tribunal.
Talking throughout a tv program in Benin, the order capital, Ighodalo emphasized that his 40 years of enjoy as a legal professional had taught him that justice was once nonetheless doable inside the framework of the Nigerian judiciary.
He mentioned, “I won all 15 cases brought against me from the primary election. So, I cannot say I don’t have faith in the judiciary. I certainly do. It remains the last hope of the common man.”
He additional claimed that witnesses of the Edo governorship election rated the collation procedure poorly, highlighting that the proof proving his victory was once indeniable.
“Some APC chieftains, in collaboration with compromised INEC staff and police officers, subverted the will of the people. They are enemies of democracy in Nigeria. I will use every lawful and legitimate means to retrieve and reclaim the mandate from those who shamelessly stole it,” he added.
In a similar way, Ighodalo’s counterpart in Ondo, Ajayi, additionally expressed self belief in securing victory on the election tribunal, regardless of the historic disasters of opposition applicants on the order tribunal.
Pace addressing reporters on the PDP Secretariat in Akure, the order capital, Ajayi described the election consequence as a miscarriage and homicide of sovereignty.
“Our party has taken the lawful step of filing a petition at the electoral tribunal. While we will refrain from discussing the case in detail, I assure you that we remain committed to pursuing justice. Our people are educated, resilient, and determined to see democracy upheld,” he declared.
Talking to Sunday PUNCH, the Director Common of the PDP Marketing campaign Council for the Ondo governorship election, Dr. Eddy Olafeso, mentioned that the birthday party had submitted its findings to the tribunal and remained assured of victory regardless of the demanding situations.
“If we can prove our case beyond all reasonable doubt—and that is exactly what we intend to do—we will secure victory, even though the electoral process appears to have been deeply corrupted,” Olafeso asserted.
A coach of Political Science and previous Secretary-Common of the African Affiliation of Political Science, Prof. Adele Jinadu, remarked that occasion attaining victory at Nigerian electoral tribunals may well be hard, the load of proof and the highbrow rigour of a petitioner’s felony staff may well be decisive.
“The two tribunals are still in the early stages. The Edo State tribunal began proceedings on Monday, but we have yet to know the date for the Ondo tribunal sitting. One thing is certain—the strength of the evidence the opposition candidates and their parties present, and the capability of their legal teams to argue effectively, will determine the outcome. Let’s wait and see how it unfolds,” the coach mentioned.
Additionally commenting, the Nationwide Secretary of the Coalition of United Political Events, Important Peter Ameh, famous that the Nigerian electoral terrain have been marred by way of allegations of electoral malpractice, manipulation, and malfeasance.
This, he mentioned, had resulted in a proliferation of election petitions, with opposition birthday party applicants frequently discovering it difficult to store beneficial verdicts on the tribunals nearest the emergence of sunlit proof of rigging by way of the electoral fee in connivance with the ruling birthday party.
In step with Ameh, the Ondo and Edo order election petition tribunals are not any exception, with historical past appearing that simplest as soon as has an opposition birthday party candidate tie victory in every of the 2 order’s tribunals.
He mentioned for the opposition birthday party applicants to extend their probabilities of securing beneficial verdicts on the tribunals, they will have to have interaction in thorough pre-trial preparation.
“This involves conducting a meticulous investigation into allegations of electoral malpractice, manipulation, and malfeasance. Gathering concrete evidence to support claims is crucial, as it provides the foundation for a strong case,” Ameh defined.
Pace noting that enticing mavens in electoral regulation, politics, and forensic research may assistance make stronger the case, he mentioned eyewitnesses will have to even be ready to testify credibly and successfully.
“A well-crafted legal strategy is also essential. Opposition party candidates must focus on merit-based argumentation, avoiding emotional or biased appeals. Highlighting legal technicalities, such as procedural errors or irregularities, can also be effective,” the CUPP secretary mentioned.
He wired that efficient engagement with the tribunal was once additionally essential, noting that opposition birthday party applicants will have to identify sunlit and concise conversation with tribunal judges, emphasising the use of impartiality.
Past the tribunals, Ameh mentioned the opposition birthday party applicants will have to be ready for the potential of appeals, noting that making sure an intensive assessment of the tribunal’s resolution and getting ready for attainable appeals can assistance assure towards judicial partial or irregularities.