How Appeal court dismissed Wike’s appeal
By Evelyn Okakwu
The court of Appeal in Abuja, Monday, dismissed the appeal
filed by the River State governor, Nyesom Wike contesting the ruling of the state’s
election tribunal which nullified his election on October 24.
Counsel to Mr. Wike, Emanuel Ukala, had filed an appeal, on
November 3, requesting the court to set aside the tribunal’s ruling on seven
grounds.
In a unanimous judgment, however, a five man panel led by
justice. M. B. Dongban-Mensen dismissed all seven grounds of the appeal for
lacking in merit.
"Haven dismissed all seven motions of this appeal, I
find the appeal lacking in merit, and the appeal hereby dismissed," said
Mrs. Dongban-Mensen.
Mrs. Dongban-Mensen further said the decision of the
tribunal which nullified Mr. Wike's election is valid and within its jurisdiction.
She frowned at the decision of the Independent National
Electoral Commission (INEC) which sought to contest the use of its own card
readers, describing the act as dangerous for the nation's electoral process.
Ms. Dongban-Mensen noted that card readers were introduced
by INEC to ensure a free and fair election and therefore it was disastrous for
the same INEC to negate the principle laid down by its self.
“INEC is not allowed to shift grounds on the elections
conducted by it”, the court said.
Mr. Ukala, had in the November 3rd appeal told
the court that tribunal failed to conduct a pre-trial conference after the
removal of the first chairman; hence it aired in its judgment.
He also said his client was denied the right to fair hearing.
But the appeal court ruled that: "What happened in this
case is not a change of tribunal, but a change of chairman”.
It therefore held that the tribunal’s ruling cannot be
questioned on the basis of the involvement of a new chairman.
The appeal court also ruled that Mr. Wike was not denied his
right to fair hearing, stressing that the 21 days’ notice given cannot be open
to challenge with regards to the ruling of the tribunal
Mrs. Dongban-Mensen therefore ruled that the election
conducted in the state in April was null and void and requested INEC to conduct
a re-run in 90 days.
Another of Mr. Wike’s counsel, Ifedayo Adedipe, who was at
the appeal court told news men after the sittings, that his client will study
the ruling of the tribunal upheld by this judgment and proceed to the Supreme
Court.
“I can assure you that we will like to have a second opinion
in the Supreme Court on the various legal issues raised by the nature of this
petition”, he said; referring to the petition by the All progressive Congress
(APC) and its governorship candidate, Dakuku Peterside which led to the ruling
by the tribunal.