The Peoples Democratic Party, PDP, has decided to file an appeal against the ruling of the Justice Suleiman Ambrose-led tribunal that nullified the Governorship election in Rivers state, insisting that Nyeson Wike would remain the Governor pending when the appeal period is exhausted.
Prior to the judgment, the PDP has argued that most of Dakuku Peterside’s (petitioner) witnesses gave “hearsay” evidence. Arguing that the petitioners should have proven wrongdoing at each polling unit, instead of calling only a few polling units agents.
Peterside and the All Progressives Congress, APC, had called 56 witnesses, while the respondents, Wike and the Independent National Electoral Commission, INEC, only called 24 and 16 witnesses respectively.
The petitioner had insisted that the election was flawed by threats to voters, absence of result sheets, snatching of ballot boxes and electoral materials and non collation of results at wards and LG levels etc.
Accordingly, the tribunal’s decision to nullify the election was hinged on Exhibit A9 presented by the petitioners (APC and Peterside), a report by the head of election monitoring team of INEC office in Rivers State, Charles Okoye, which confirmed that the election was marred with irregularities.
Justice Ambrose declared that testimonies of the 56 witnesses called by the petitioner were enough to cover the entire state of 5972 polling units and points.
Following the judgment of the Tribunal delivered today, council to the PDP, Barrister Chris Uche, speaking on behalf of the party has stated that Wike would remain the Governor of rivers state until the Appeal process has been exhausted. Adding that the decision of the tribunal must be tested in a superior court in the interest of justice and fairness. He also faulted the tribunal’s decision to deliver judgment less than 24 hours after lawyers of both side’s submitted nine written addresses and documents.
Uche also wondered why the tribunal was in a haste to deliver judgment since it was aware that the Supreme Court judgment on the jurisdiction of the tribunal to seat outside Rivers State would be delivered 27th October.
Based on the decision of the PDP to appeal the judgment of the tribunal to nullify the Rivers State governorship election, Wike would remain Governor, pending the decision of the appeal court on the matter.
In sharp contrast, in a separate ruling delivered Tuesday 13 October, the Rivers State National Assembly election petition tribunal upheld the election of the PDP senatorial candidate in Rivers State, Senator Olaka Wogu, quashed the case of APC’s candidate Magnus Abe who claimed that the elections were marred with irregularities.
Based on this earlier judgement, its now unclear how the Justice Ambrose came to the conclusion of canceling the Governorship election after other tribunals have upheld National assembly and senatorial election which were all conducted on the same day in the State.
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