Why election matters are difficult to prove in court – Tonye Cole

Tonye Cole, the governorship candidate of the All Progressives Congress (APC) in Rivers State during the last general election, expressed his disappointment over the unfortunate trend where election disputes are resolved in the courtroom rather than through the ballot box. Cole shared his thoughts during a visit to The Guardian’s Rutam House corporate head office in Lagos.

Addressing the newspaper’s editorial board while the Presidential Election Petition Court (PEPC) broadcast its judgment regarding the challenges to President Bola Tinubu’s electoral victory by former Vice President Atiku Abubakar of the Peoples Democratic Party (PDP) and Peter Obi of the Labour Party (LP), Cole emphasized that what appears significant on election day often loses relevance in the legal arena.

He pointed out that when election disputes reach the courtroom, many of the elements that were considered important during the election day have limited weight as evidence is scrutinized by the court.

Cole remarked, “There is so much emotion because of what happened on election day: you hear, ‘we saw what happened; why is the court looking the other way?'” He suggested that some judgments in election matters may be frustrating, but they are not surprising to those who understand the manipulation of the electoral process and the constraints of proving specific claims in court.

He emphasized that the challenge lies in not fully comprehending how to gather the right evidence and follow the correct procedures on election day, which can later be presented in court. Cole observed that the outcomes of the judicial process have been more annoying than shocking, primarily because individuals who are familiar with political tactics know where the legal weaknesses are and exploit them with impunity.

Cole urged the media to educate the electorate on how to collect evidence that is admissible in court. He emphasized that winning elections entails more than just collecting Permanent Voter Cards (PVCs) and mobilizing voters. He pointed out that in Nigeria, there are numerous complaints about electoral violence, rigging, and ballot box snatching.

However, when these issues are reported on social media or mainstream media, it is crucial for the evidence presented in court to have clear date stamps, location stamps, and contextual information that includes specific individuals and the events in question. Without such corroborating evidence, the claims may be deemed inadmissible in court.