The Court of Appeal in Abuja
has affirmed the judgment of the Rivers State Governorship Election
Petition Tribunal which nullified the election of Nyesom Wike as governor of
the state.
The
five-man panel of the Court of Appeal led by Justice M.B Dongban-Mensen in its
judgment dismissed the appeals filed by Wike and his party, the Peoples
Democratic Party, against the judgment of the tribunal on the grounds that they
lacked merit.
In the
judgment read by the Presiding Justice, Donghan-Messen, the appeal
court held that the tribunal was right to have held that the All
Progressives Congress and its governorship candidate in the April 11, 2015
election, Dr. Dakuku Peterside, had satisfactorily proved their petition that
the poll was conducted in substantial non-compliance with the provisions of the
Electoral Act.
The appeal court, which
resolved all the seven issues formulated in the appeal against the
appellants, held that the non-usage of the smart card reader and
disregard by officials of INEC in Rivers State on the commission’s directive on
the mandatory use of the card reader machine was a direct violation of the
Electoral Act.
The
appellate court also held that contrary to the contention of Wike and PDP, the
manual and guidelines issued by INEC for the conduct of the 2015 general
election were in conformity with the provisions of the Electoral Act.
Wike
and the PDP still have the opportunity to appeal to the Supreme Court.
The
Rivers State Governorship Election Tribunal had in October nullified the April
11 governorship.
The
tribunal had also ordered the Independent National Electoral Commission to
conduct a fresh election within 90 days.
This
followed a petition by the All Progressives Congress and its governorship
candidate, Dakuku Peterside, alleging that the election was characterised by
widespread electoral malpractices.
In
nullifying the election, the Justice Suleiman Ambrosa led-tribunal said the
evidence provided by Wike and INEC’s witnesses was not credible.
Wike
had, however, challenged the decision of the tribunal with the counsel to the
PDP, Chris Uche (SAN), questioning the tribunal’s reliance on accreditation by
card readers to nullify the election.
-Punch
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