How Appeal court dismissed Wike’s appeal

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 3^rd 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.