ELECTION PETITION:TRIBUNAL DISMISSES NYESOM WIKE'S OBJECTION

                          

Rivers State Governor Nyesom Wike yesterday lost his bid to prevent the hearing of a petition challenging the decision of the Independent National Electoral Commission (INEC) to return him as the winner of the April 11 governorship election. The All Progressives Congress (APC) and its candidate, Dakuku Peterside, who filed the petition, asked the Governorship Election Petitions Tribunal to, among others, void Wike’s victory on the grounds that the election was marred by irregularities in violation of the Electoral Act.

In its ruling yesterday, the tribunal, sitting in Abuja, dismissed Wike’s motion challenging the tribunal’s jurisdiction to hear the petition, having relocated to Abuja from its sitting in Port Harcourt, the state capital. Tribunal Chairman Justice Muazu Pindga, held that Wike’s motion was without merit and substance.

Wike challenged the powers of the President of the Court of Appeal to order the tribunal’s relocation to Abuja instead of sitting in the state where the disputed election was conducted.

The governor argued through his lawyer, Godwin Obla (SAN), that the tribunal’s relocation to Abuja was in breach of Section 285 (2) of the Constitution and provisions of the Electoral Act 2010.

He urged the tribunal to relocate to Port Harcourt in compliance with provisions of the Constitution and Electoral Act.

But Justice Pindiga held that contrary to Wike’s argument, the tribunal had not violated any provision of the law since the relocation to Abuja was for security reasons. The judge faulted Wike’s argument that proximity and accessibility were major determining factors in deciding the venue of a tribunal.

Justice Pindiga held that proximity and accessibility could not be determined in the absence of security for the tribunal members and litigants.

He said the President of the Appeal Court acted within the ambit of the law, which emphasises the need for a conducive atmosphere for the tribunal to hold its proceedings. The tribunal adjourned till July 29 when it is expected to rule on another motion by Wike in which he is challenging Peterside’s qualification to contest the election on the grounds that his name was not sent to INEC within 21 days before his party’s congress, as required.

The tribunal will, tomorrow, rule on a motion by INEC, in which it is challenging the territorial jurisdiction of the tribunal to sit in Abuja.

But it has scheduled the ruling for Friday on a motion by the PDP, which is challenging, among others, the competence of the petition

Credit: cknnigeria.com