Ighodalo, Ajayi face daunting task amid opposition historical losses at tribunals

As the Peoples Democratic Party candidates in the recent Edo and Ondo states off-cycle governorship elections challenge the results of the polls at the election petition tribunals, IMOLEAYO OYEDEYI examines the legal hurdles before them and what may likely truncate their chances of victory

Edo and Ondo states are set to witness another round of battles following the petitions filed by the candidates of the Peoples Democratic Party, Agboola Ajayi (Ondo) and Asue Ighodalo (Edo) who are challenging the results declared by the Independent National Electoral Commission for the September 21 and November 16 governorship elections held in the two states.

Ajayi came second in the Ondo election, garnering 117,845 votes compared to the 366,781 votes polled by the state governor and candidate of the All Progressives Congress, Lucky Aiyedatiwa, who was declared winner by INEC.

Similarly, Ighodalo came second in the Edo election, polling 247,274 votes against the 291,667 votes secured by the APC candidate, Monday Okpebholo, who won the election.

Historical perspectives

Many a time, aggrieved candidates often resort to the election petition tribunal once they lose an election. But in most cases, they hardly get the desired victory as their petitions often get dismissed either on technical or evidentiary grounds.

History has shown that only once had the opposition party candidates declared winners by tribunals in the two states. In the case of Ondo, a former governor of the state, Olusegun Mimiko, remains the only opposition candidate who defeated an incumbent governor in the current democratic dispensation.

Mimiko of the Labour Party contested the Ondo State 2007 gubernatorial election against Dr. Olusegun Agagu of the PDP, who was the sitting governor. But the election results were manipulated to favour Agagu who was eventually declared winner by INEC. Dissatisfied, Mimiko swiftly approached the tribunal and secured a morale-boosting victory.

The late Agagu and PDP subsequently filed an appeal, which was dismissed in 2009 by the Court of Appeal in Benin. The appellate court upheld the tribunal verdict, declaring Mimiko the rightful winner of the 2007 election. This judgment, observers believe, remains the most significant tribunal verdict in the state’s history.

After Mimiko’s re-election in 2012 under the Labour Party, his victory was contested by opposition candidates from the PDP and Action Congress of Nigeria. Their petitions were dismissed for lack of merit, affirming Mimiko’s second-term win.

Similarly, after the 2016 governorship election in 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 but the tribunal dismissed his case for lacking substantial evidence.

Also, after the 2020 governorship election in the state which brought in Akeredolu for a second term, the PDP candidate, Eyitayo Jegede, approached the state election petition tribunal to challenge Akeredolu’s re-election. Jegede alleged irregularities and faulted the APC primary that produced Akeredolu. However, the tribunal dismissed Jegede’s case on three grounds which include failure to prove noncompliance, technical deficiencies and judicial precedent.

The tribunal ruled that Jegede failed to provide sufficient evidence of substantial APC’s noncompliance with the Electoral Act that could have altered the outcome of the election. It also stated that the PDP candidate’s petition failed to meet the necessary technical requirements to invalidate the governor’s nomination, noting that substantial evidence, not just allegations, was what was required to overturn an election.

In that same year, candidates from the All Peoples Party and Action Alliance also filed petitions to challenge the election results. However, the petitions were dismissed on procedural grounds, as the parties failed to complete pre-trial formalities.

In Edo State, the only time a governorship candidate reclaimed his mandate at the tribunal was in 2008. Adams Oshiomhole of the ACN challenged the 2007 governorship election results declared in favour of Oserheimen Osunbor of the PDP.

The tribunal ruled in Oshiomhole’s favour, citing irregularities and declaring him the rightful winner. This decision was upheld by the Appeal Court, marking a significant political victory in the state’s history.

Aside from Oshiomhole’s historic tribunal victory in 2008, there is no record of another governorship candidate who has reclaimed his mandate through the tribunal in the state’s political history. Oshiomhole’s case remains a landmark event.

After Oshiomhole’s re-election in 2012, the PDP candidate, Maj. Gen. Charles Airhiavbere (retd) thought he could sack the former president of the Nigerian Labour Congress through the tribunal, but he failed as his petition, premised on qualification issues and electoral malpractices, was dismissed by the tribunal.

Four years afterward, another PDP governorship candidate, Pastor Osagie Ize-Iyamu approached the same election petition tribunal, challenging the election of Godwin Obaseki of the APC on the grounds of irregularities and misconduct. But the tribunal upheld Obaseki’s victory, and the Court of Appeal and Supreme Court affirmed this decision.

Winning at election tribunals arduous

According to political analysts, these cases illustrate the legal hurdles faced by candidates attempting to overturn election outcomes in the two states, underscoring the high evidentiary burden placed on them being the petitioners.

Like past opposition candidates, both Ajayi and Ighodalo have filed petitions against the ruling APC candidates at the election petition tribunals in their respective states, citing noncompliance with the Electoral Act and irregularities.

Although the cases are still at the preliminary stages, the two candidates have expressed confidence in emerging victorious even though previous trends suggest the tribunal process often results in decisions that favour the declared winner of the elections, who have in recent times been the candidates of the ruling APC.

Ighodalo, the Edo State PDP candidate, has expressed unwavering confidence in the judiciary, asserting his certainty of victory at the tribunal.

Speaking during a television program in Benin, the state capital, Ighodalo emphasised that his 40 years of experience as a lawyer had taught him that justice was still attainable within the framework of the Nigerian judiciary.

He stated, “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 further claimed that observers of the Edo governorship election rated the collation process poorly, highlighting that the evidence proving his victory was indisputable.

“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.

Similarly, Ighodalo’s counterpart in Ondo, Ajayi, also expressed confidence in securing victory at the election tribunal, despite the historical failures of opposition candidates at the state tribunal.

While addressing journalists at the PDP Secretariat in Akure, the state capital, Ajayi described the election result as a miscarriage and murder of democracy.

“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.

Speaking to Sunday PUNCH, the Director General of the PDP Campaign Council for the Ondo governorship election, Dr. Eddy Olafeso, stated that the party had submitted its findings to the tribunal and remained confident of victory despite the challenges.

“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 professor of Political Science and former Secretary-General of the African Association of Political Science, Prof. Adele Jinadu, remarked that while achieving victory at Nigerian electoral tribunals could be arduous, the weight of evidence and the intellectual rigour of a petitioner’s legal team could 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 professor stated.

Also commenting, the National Secretary of the Coalition of United Political Parties, Chief Peter Ameh, noted that the Nigerian electoral landscape had been marred by allegations of electoral malpractice, manipulation, and malfeasance.

This, he said, had led to a proliferation of election petitions, with opposition party candidates often finding it challenging to secure favourable verdicts at the tribunals after the emergence of clear evidence of rigging by the electoral commission in connivance with the ruling party.

According to Ameh, the Ondo and Edo state election petition tribunals are no exception, with history showing that only once has an opposition party candidate secured victory in each of the two state’s tribunals.

He said for the opposition party candidates to increase their chances of securing favourable verdicts at the tribunals, they must engage 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 explained.

While noting that engaging experts in electoral law, politics, and forensic analysis could help strengthen the case, he said witnesses must also be prepared to testify credibly and effectively.

“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 stated.

He stressed that effective engagement with the tribunal was also critical, noting that opposition party candidates must establish clear and concise communication with tribunal judges, emphasising the importance of impartiality.

Beyond the tribunals, Ameh said the opposition party candidates must be prepared for the possibility of appeals, noting that ensuring a thorough review of the tribunal’s decision and preparing for potential appeals can help safeguard against judicial bias or irregularities.