A five-man Court of Appeal panel sitting Abuja has upheld the ruling of the
gubernatorial election tribunal in Rivers state. In a 110-page ruling delivered by
Justice M.B. Dongban-Mensem the Court ruled that the election of Nyesom Wike did
not conform with the electoral act. The Court has ordered a rerun in 90 days.
In delivering a final ruling the Court of Appeal decided all the seven issues raised by
Governor Wike against in favour of Dakuku Peterside and the All Progressives
Congress party.
The appellate court refused to discard the findings of a lower tribunal saying the
number of witnesses is not the main issue but evaluation of the strength of evidence
before the trial court.
Issue one on fair hearing resolved for the APC candidate, Dakuku
The appellate court also stated it has evaluated the guidelines of the Independent
National Electoral Commission and holds them sacrosanct.
The Court of Appeal said it agrees that gubernatorial election was marred by wide-
scale violence.
On issue two regarding competence of ruling by the new chairman in the lower
tribunal, stamps, issuance of service and jurisdiction, the court ruled it was in order.
On issue three about locus standing to institute the case at the tribunal in 21 days,
the issue was again resolved in APC's favor.
The court described the People's Democratic Party (PDP) and its candidate, Wike as
crying more than the bereaved
Issue four on INEC manuals, guidelines and non-compliance including non-issuance of
pre-hearing notices by the chairman of the lower tribunal, court resolved in APC's
favor saying it was immaterial.
Issue five is on the reliance on documentary evidence by the tribunal resolved for
APC
On issue six as to whether the lower tribunal was right on card readers, the appeals
court said in the evaluation of the evidence before the tribunal after a thorough
analysis of the subject matter of card readers, and its use, the lead judge stated
categorically that card readers guarantees credible elections.
The Court stated that INEC manuals were consistent with the provisions of electoral
Act.
The Court then dismissed Wike's appeal on all grounds and ordered INEC to conduct a
fresh governorship election in Rivers state within 90 days.
http://saharareporters.com/2015/12/16/court-appeal-sacks-governor-wike-rivers-
state
0 comments:
Post a Comment