The Rivers State
Governorship Election Petition Tribunal sitting in Abuja on Thursday reaffirmed
its ex parte order made on June 11, 2015, granting permission to the All
Progressives Congress and its candidate in the April 11, 2015 governorship
election in the state, Dr. Dakuku Peterside, to inspect the electoral materials
used for the poll.
Peterside and the
APC had on May 3, 2015, filed their petition before the tribunal to challenge
the victory of the Peoples Democratic Party and its candidate, Nyemson Wike, in
the poll.
The Justice
Mu’azu Pindiga-led tribunal, in a ruling on Thursday, dismissed Wike’s
application asking for the setting aside of the June 11, 2015 order.
Wike had argued
that the tribunal’s order was wrongly made and asked that the tribunal could
alternatively allow its agent to participate in the inspection to be undertaken
by the petitioners.
He also asked the
tribunal to vary the order in such a manner that the petitioners would not be
allowed to make copies of some of the materials.
The PDP supported
Wike’s application, while the Independent National Electoral Commission said it
would await the outcome of the application to decide whether or not to obey the
order for inspection.
Ruling on
Thursday, Justice Pindiga rejected Wike’s application on the grounds that it
lacked merit.
The judge noted
that the order made on June 11 was in accordance with the provision of Section
151 of the Electoral Act and was directed at INEC, and not Wike.
The judge ruled,
“There is the need for us to clarify the order we made on June 11. The order
was made against INEC to allow the petitioners access, inspect and obtain the
certified true copies of election materials in respect of the governorship
election in the state.
“The order was
made in accordance with the provision of Section 151 of the Electoral Act. The
order still stands.”
He adjourned till
July 22 for the commencement of the pre-hearing session in the petition.
During the
hearing of Wike’s application on July 6, 2015, Peterside and the APC had
accused the Independent National Electoral Commission of frustrating their bid
to inspect the electoral materials used for the poll.
The petitioners’
lawyer, Akin Olujinmi (SAN) told the tribunal that INEC had continued to refuse
his clients’ agents to inspect the election materials, a development which he
described as a manifestation of an alliance between INEC, Wike and the PDP to
frustrate the hearing of the petition.
But INEC, Wike
and PDP, while justifying the refusal of INEC to allow the petitioners to
inspect the electoral materials, argued that it would have been wrong for the
electoral umpire to allow the inspection when Wike’s applications challenging
the tribunal’s jurisdiction and the propriety of the June 11 order, were
pending.
Olujinmi, in a
counter-argument to Wike’s application, urged the tribunal to, among others,
urged the tribunal to dismiss the application on the grounds that the order
allowing the inspection of the electoral materials was not directed at him
(Wike), but at INEC.
He said, “We have
shown that INEC has not objected to the tribunal’s order and today, they have
confessed before the tribunal that they disobeyed the order for inspection
because the 2nd respondent (Wike) filed a motion seeking the setting aside of
the order.
“Even the order
for inspection was obtained and directed at INEC, but INEC has not formally
complained to the tribunal with regard to that order. But they chose, on their
own, to decide not to obey the order. This again shows the Shenanigan
underlying this application to set aside the order for inspection.
“It is designed
to legalise the conspiracy between the 1st and 2nd respondents (INEC and Wike)
to frustrate the tribunal’s order. The law is that if the court is told that
the order it made is being disparaged, dishonoured, disobeyed and disrespected,
the court has a duty to take firm and decisive steps to ensure the order is
obeyed.”
He also said
Wike’s opposition to the tribunal’s order was fraught with contradiction as he
(Wike), in one breath, argued that the order for the inspection poses threat to
national security, he on the other hand, urged the tribunal to allow his agents
participate in the inspection.
Olujinmi urged
the tribunal to disregard Wike’s prayers on the ground that it acted within its
powers under Section 151 of the Electoral Act, which empowered it to order INEC
to allow any party to election petition to inspect materials used during the
election being challenged.
