The Uphill Battle of Election Petitions in Edo and Ondo States
The recent gubernatorial elections in Edo and Ondo states have once again highlighted the challenging path that opposition candidates face when contesting election results in Nigeria. The Peoples Democratic Party (PDP) candidates in both states, Asue Ighodalo (Edo) and Agboola Ajayi (Ondo), are challenging the victories of their All Progressives Congress (APC) rivals at the election petition tribunals. History, however, offers a bleak outlook, demonstrating the considerable hurdles that lie ahead and the rarity of successful challenges against incumbent or ruling party victories. The outcomes of previous election petitions in both states underscore the significant evidentiary burden on petitioners and the tendency for tribunals to uphold the declared results.
The historical precedents in both states paint a clear picture of the difficulties in overturning election results. In Ondo State, only one opposition candidate has successfully unseated an incumbent governor through the tribunal process. This was the landmark case of Olusegun Mimiko of the Labour Party, who challenged the 2007 election victory of PDP incumbent Olusegun Agagu. Mimiko’s triumph, however, remains an outlier. Subsequent petitions filed by opposition candidates in 2012, 2016, and 2020 were all dismissed, illustrating the uphill battle faced by challengers. These dismissals often hinged on technical deficiencies, insufficient evidence, or adherence to judicial precedent favoring the declared winner. The pattern suggests a formidable challenge for Ajayi in his quest to overturn the results of the recent election.
Edo State’s history presents a similar scenario. The singular instance of a successful petition dates back to 2008 when Adams Oshiomhole of the Action Congress of Nigeria (ACN) reclaimed his mandate from PDP’s Oserheimen Osunbor. This victory, however, stands as an exception. Subsequent challenges by PDP candidates in 2012 and 2016 were unsuccessful, with tribunals upholding the victories of incumbent APC governors. This historical context does not bode well for Ighodalo’s current petition.
Despite the discouraging precedents, both Ajayi and Ighodalo have expressed confidence in their cases. Ighodalo, a lawyer with four decades of experience, maintains his belief in the judiciary and insists on the strength of his evidence. He alleges collaboration between APC members, INEC staff, and police officers to subvert the will of the people. Ajayi, similarly, claims the election outcome was a travesty of democracy and has vowed to pursue justice through the tribunal. While both candidates remain optimistic, their confidence faces the weight of historical trends and the substantial legal and evidentiary hurdles that lie ahead.
The challenges faced by opposition candidates in election tribunals extend beyond the specific circumstances of Edo and Ondo states. Experts point to systemic issues within the electoral process and the judiciary that contribute to the difficulty in overturning declared results. The burden of proof rests heavily on the petitioner, requiring them to provide irrefutable evidence of substantial irregularities that directly influenced the outcome of the election. This is often a daunting task, particularly in cases where the alleged irregularities are widespread or difficult to document conclusively. Furthermore, the legal and technical complexities of election petitions, combined with the significant resources required to pursue them effectively, can create a substantial disadvantage for opposition candidates.
To navigate these challenges and improve their chances of success, experts recommend several strategies for opposition candidates. Meticulous pre-trial preparation is crucial, involving thorough investigation of all alleged irregularities, gathering robust evidence, and engaging expert witnesses. A well-defined legal strategy focused on merit-based arguments, rather than emotional appeals or unsubstantiated allegations, is essential. Effective communication with the tribunal judges, emphasizing impartiality and adherence to the law, can also be beneficial. Finally, anticipating potential appeals and preparing accordingly is important to safeguard against judicial bias or procedural irregularities throughout the entire legal process. Despite these strategies, the reality remains that successfully challenging election results in Nigeria requires overcoming significant legal and systemic obstacles, making it a truly arduous endeavor. The Edo and Ondo cases, therefore, represent not only individual battles for political office but also a microcosm of the broader challenges facing electoral reform and the pursuit of justice within Nigeria’s democratic system.
