The Court of Appeal in Abuja yesterday upheld the removal of Rivers State governor Nyesom Wike of the Peoples Democratic Party (PDP) on account of irregularities in the election that brought him to office.
The appellate court also upheld the decision of the State Governorship Election Petitions Tribunal, which had earlier nullified Wike’s election on the same ground.
But the governor has indicated his intention to approach the Supreme Court to seek redress.
Delivering judgement in the appeal filed by Wike to challenge the nullification of his election, a Justice of the Appeal Court (JCA), Justice Monica Dongban-Mensem, held that the appeal lacked merit and substance and consequently dismissed it.
In the uimous judgement of a panel of five justices of the appellate court, Justice Dongban-Mensem ordered that a fresh election be conducted by the Independent National Electoral Commission (INEC) in conformity with the Electoral Act 2010 and other relevant laws for the governorship of the state.
Dongban -Mensem agreed with the tribunal that the Electoral Act was grossly violated and that the election was manipulated when the card reader failed on the election day.
The appellate court disagreed with Wike that the use of card reader was unknown to Electoral Act, adding that the electoral body was vested with enormous powers to fashion out rules and regulations and use any equipment for the purpose of having free, fair and credible elections.
Justice Dongban-Mensem also rejected the claim of Wike that he was denied fair hearing because his interlocutory applications were heard along with the petition, adding that the fact that the applications were dealt with in the tribunal’s judgement had defeated the claim.
The Appellate Court also rejected the call for nullification of the tribunal’s judgement on the grounds that a pre-trial conference was not conducted when a new chairman, Suleiman Ambrusa took over, adding that it was established beyond doubt that Justice Muazu Pindiga, who first chaired the tribunal conducted the pre-trial conference.
As stated by Justice Dongban-Mensem, the pre-trial conference was not a personal matter but that of the tribunal and that since the tribunal had conducted the conference, there was no basis for any complaint.
On the request that the petition be dismissed because of the absence of the seal of Nigerian Bar Association (NBA) on it, the appellate court held that the ground was not sufficient enough to throw out the petition, adding that the absence of seal was an irregularity that can be rectified.
In the final analysis, the Appeal Court held that Wike failed in all the seven issues raised against the decision of the tribunal and therefore, held that the tribunal was in order in nullifying the election and ordering a fresh one.
Wike had filed an appeal before the Court of Appeal in Abuja , asking it to set aside the judgement of the tribunal which nullified his election on October 24, 2015.
In the notice of appeal dated November 3, 2015 and filed by his lawyer, Mr. Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgement. The governor challenged the entire judgment.
He also joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside and INEC and the PDP as respondents.
He had asked the court to allow the appeal and to make an order setting aside the judgement of the tribunal.
He further urged the Court of Appeal to make an “order striking out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”
Wike To Rivers People: I Remain Your Governor
But Wike has stated that he remains the duly elected governor of the state, pending the determination of his appeal at the Supreme Court.
He stated he has instructed his lawyers to approach the Supreme Court to appeal against the judgement of the Court of Appeal, which upheld the judgement of the tribunal and ordered a fresh governorship election in the state.
Wike, in a statement issued in Port Harcourt yesterday by his Special Assistant on Electronic Media, Simeon Nwakaudu, stated he disagreed with the judgement, hence his decision to exhaust his constitutional right by challenging the Appeal Court judgement at the Supreme Court.
The governor, who called on all his supporters and the people of state to remain calm as justice would be done at the end of day, 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.
He assured the people of Rivers State that all ongoing development projects will continue while his administration will not stop to ensure the security of lives and property across the state.
APC Expresses Satisfaction With Verdict
Meanwhile, the APC in Rivers State has stated that it is satisfied with the judgement of the Court of Appeal which ordered the conduct of a fresh governorship election in the state.
The party stated that it considered the decision of the Court of Appeal that INEC did not comply substantially with the provision of the Electoral Act 2010, as trite and incontrovertible.
The APC, in a statement issued in Port Harcourt yesterday by its publicity secretary, Chris Finebone, stated it believes that the decision of the appellate court is a confirmation that evil can triumph over good but only temporarily.
The statement reads in part, “The Rivers State chapter of the APC received with satisfaction the judgement of the Court of Appeal in Abuja upholding the judgment of the tribunal which sacked Governor Wike.
“The APC considers the decision of the appellate court that the INEC, did not comply substantially with the provisions of the Electoral Act 2010 (as amended) as trite and incontrovertible”. We believe that the decision today by the Appeal Court is a confirmation that evil can triumph over good but only temporarily.