Appeal Court Affirms Wike’s Sack…Embattled Rivers Gov Heads To Supreme Court

The Court of Appeal in Abuja today upheld the judgment of the Rivers State governorship election petition tribunal which had earlier ruled that the state governor, Nyesom Wike did not win the April election.

The court therefore ordered that fresh gubernatorial election be conducted within the next 90 days. The tribunal’s verdict that Wike never won the election was delivered on Saturday, October 24 in Abuja. Later, another application by Wike over the location of the tribunal in Abuja instead of Rivers State was also lost at the Supreme Court. If Wike had won in that major issue of locus he raised, the decision of the tribunal would have been annulled.

A judgment delivered by Justice M.B. Dongban-Mensem held that the election of Nyesom Wike did not conform with the Electoral Act. Delivering the judgment, the Court of Appeal decided all the seven issues raised by Governor Wike in favour of Dakuku Peterside and the All Progressives Congress, APC.

The court therefore dismissed Wike’s appeal on all grounds and ordered INEC to conduct a fresh governorship election in Rivers state within 90 days.

The appellate court refused to discard the findings of a lower tribunal saying the number of witnesses was not the main issue but evaluation of the strength of evidence before the trial court. The court also resolved the issue on fair hearing in favour of the APC candidate, Peterside Dakuku

The appellate court also stated that it has evaluated the guidelines of the Independent National Electoral Commission and holds them sacrosanct. The Court said it agrees that the gubernatorial election was marred by wide-scale violence.

On the issue of competence of ruling by the chairman of the lower tribunal, stamps, issuance of service and jurisdiction, the court ruled they were in order. On locus standi 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. On INEC manuals, guidelines and non-compliance including non-issuance of pre-hearing notices by the chairman of the lower tribunal, the court resolved in APC’s favor saying it was immaterial. On the reliance on documentary evidence by the tribunal, it was also resolved in favour of APC.

On whether the lower tribunal was right on card readers, the appeal 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 guarantee credible elections. The Court stated that INEC manuals were consistent with the provisions of Electoral Act.

Meanwhile, the embattled governor, Wike has instructed his lawyers to appeal today’s judgment of the Court of Appeal which ordered fresh governorship election in the State.

In a statement issued by Simeon Nwakaudu, Special Assistant to the governor on Electronic Media, Governor Wike stated that he disagrees with the judgment, hence his decision to exhaust his constitutional right by challenging the Appeal Court judgment at the Supreme Court.

Governor Wike called on all his supporters and the people of Rivers State to remain calm as Justice will be done at the end of the day. He assured the people of the state that he will use all constitutional processes to protect the mandate they freely bestowed on him, hence his decision to approach the Supreme Court for further adjudication.

The governor said that he still remains the duly elected governor of Rivers State pending the determination of his appeal by the Supreme Court. He assured the people of Rivers State that all ongoing development projects will continue while his administration will continue to promote the security of lives and property across the state.