Again, Tribunal Rejects Wike, PDP’s Application to Dismiss Peterside’s Petition

Tobi Soniyi Iroegbu

Senator

River State Governorship Election Petition Tiibunal, sitting in Abuja, has refused the applications by the state Governor, Nyesom Wike and the Peoples Democratic Party (PDP) challenging the competence of the petition filed by All Progressives Congress (APC) and it’s governorship candidate, Dr. Dakuku Peterside.

In the petition, the APC and Peterside are challenging the victory of Wike of the PDP.

Peterside who joined the Independent National Electoral Commission (INEC) as co-defendant is alleging that the governorship election of April 11, which brought Wike into power was marred by widespread electoral irregularities, violence and malpractices.

By the petition, APC and Peterside are specifically seeking nullification of the poll and for an order directing the conduct of a fresh one by INEC.

But at yesterday’s sitting, the three-man panel headed by Justice Muazu Pindiga, while delivering it’s ruling, rejected Wike and PDP’s applications that sought to dismiss the APC and Peterside’s petitions.

It would be recalled that the PDP had filed a motion dated July 27, 2015, which prayed for an order of the tribunal dismissing the petition as being abandoned in consequence of non-compliance with provisions of paragraph 18(1) of First Schedule to the Electoral Act 2010 as amended.

The PDP counsel, Ken Njemanze (SAN), had argued that the petitioners failed to pay the necessary filing fees for the application made by their counsel, Chief Akin Olujimi (SAN), for issuance of Form TF 007 (application for pre-hearing session).

“Payment of such fees is statutory and constitutes a condition precedent for the invocation of the jurisdiction of the tribunal,” he said.

He argued that in the circumstance, there was no application for issuance of Form TF007 and therefore we urge this court to dismiss this petition having been abandoned.

Similarly, Emmanuel Ukala (SAN), representing Wike also asked for the dismissal of the petition.

Ukala held that failure to comply with provisions of paragraph 18(1) of First Schedule to the Electoral Act 2010 as amended, with regard to filing of pre-hearing notice, “is fatal to the petition”.

He cited the July 22, 2015’s dismissal of Chief Emeka Ihedioha’s petition against Governor Rochas Okorocha by the Imo State Governorship Election Petition Tribunal for failure to pay filing fee for pre-hearing notice.

But in opposition to the two separate motions, the petitioners’ counsel, Olujimi, urged the court to dismiss the applications for lacking in merit.

He argued that the respondents forgot that the petitioners had made a security deposit of N500,000, adding that a tribunal could kick start a pre-hearing session by oral application.

While ruling on the applications yesterday, the tribunal held that the applicants had fallen short of convincing the tribunal as to the issues they formulated.

It further held that the letter written by the petitioners requesting for the pre-hearing session was within time.

“There is no indication for any stipulated fee for the pre-hearing session.

“And there is no defect in the pre-hearing kick-started.

“We therefore hold that the applications are hereby discountenanced and dismissed,” the tribunal declared.