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.