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.
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Thursday, 17 December 2015
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