Wike heads to Supreme Court as Appeal Court quashes election

Rivers State Governor Nyesom Wike yesterday instructed his lawyers to appeal at the Supreme Court, yesterday’s ruling of the decision of the state governorship election petition tribunal which nullified his election.

The Court of Appeal Abuja Division yesterday dismissed his appeal challenging the decision of the tribunal.

Justice Dongban Mensem held that the appeal lacked merit and substance and consequently dismissed it.

In the unanimous judgment of the panel of five justices, Justice Mensem ordered that a fresh election be conducted by INEC in accordance with the Electoral Act 2010 and other relevant laws for the governorship race.

The lead judge agreed with the tribunal that the Electoral Act was grossly violated and that the poll was manipulated when the card reader failed on election day.

The court disagreed with Wike that the use of the card reader was alien to the Electoral Act, adding that INEC was vested with powers to devise rules and regulations and use any equipment for the purpose of having free, fair and credible elections.

Justice Mensen rejected the claim of Governor Wike that he was denied fair hearing because his interlocutory applications were heard along with the petition, adding that the fact that the applications were dealt with in the tribunal’s judgment had defeated the claim.

The appellate court also rejected the call for nullification of the tribunal’s judgment on the ground that a pre-trial conference was not conducted when a new chairman, Suleiman Ambrusa, took over, adding that it was established beyond doubt that Justice Muazu Pindiga, who first chaired the tribunal, conducted the pre-trial conference.

According to Justice Mensen, the pre-trial conference was not a personal matter but that of the tribunal and since the tribunal had conducted the conference, there was no basis for any complaint.

On the request that the petition be dismissed because of the absence of the seal of the Nigerian of Bar Association (NBA) on it, the court held that the ground was not sufficient enough to dismiss the petition, adding that the absence of a seal was an irregularity that can be rectified.

The tribunal held that Governor Wike failed in all the seven issues raised against the decision of the tribunal and therefore decided that the tribunal was in order in nullifying the election and ordering a fresh one.

But Governor Wike in a statement through his Special Assistant on Electronic Media, Simeon Nwakaudu, faulted the judgment, and decided to challenge it at the Supreme Court.

Wike urged his supporters and the people of Rivers State to remain calm, assuring that justice would prevail.

He said constitutional processes would be applied to protect his mandate, adding that he remained the duly elected governor of Rivers State pending the determination of the Supreme Court.

He also assured the people of the state that all ongoing development projects would continue while his administration would still ensure the security of lives and property across the state.

One of Governor Wike’s lawyers, Chief Ifedayo Adedipe (SAN) told newsmen that the Court of Appeal judgment would be tested at the Supreme Court. Another lawyer, Chief Emeka Ngige (SAN), said although it was Wike’s constitutional right to appeal to the Supreme Court, it is not compulsory for him to do so, saying however that it would take a dint of good luck for the appeal to succeed.

“The decision of the Court of appeal is a high class judgment such that hardly can anyone touch it. It is also a concurrent judgment of the Court of Appeal and the Tribunal. It will take luck for them to succeed at the apex court. Everyone knows that there was no election in Rivers State,” he said.

Wike had filed an appeal at the Abuja Division of the Court of Appeal, asking the court to set aside the judgment of the tribunal which nullified his election on October 24, 2015.