• As Police Step Up Watch, Urge Restraint
• PDP Faults Tribunal’s Ruling, Vows To Appeal
• We’ve Been Vindicated, Says APC • Fayose Warns Buhari
SUPPORTERS of the All Progressives Congress (APC), yesterday, defied a downpour that lasted hours to celebrate nullification of the election that produced Rivers State governor, Chief Nyesom Wike.
Not everybody was happy, however. Peoples Democratic Party (PDP) loyalists huddled together, discussing the development, criticising the tribunal for its verdict, and mulling the party’s next line of action.
In a swift reaction, the PDP stated that it would appeal the decision of the tribunal, declaring also that Wike remains governor until appeal processes have been exhausted.
Meanwhile, to forestall breakdown of law and order, the Rivers State Police Command, has warned all sides to be calm and avoid any acts that would breach peace. A statement signed by the Assistant Police Public Relations Officer, Grace Iringe-Koko, said the command has deployed officers to maintain calm in the state.
Addressing the multitude of PDP supporters that stormed Port Harcourt airport to welcome him from Abuja, yesterday, Wike said the tribunal’s verdict was not God’s, but a gang-up against Rivers State.
He said: “Let nobody panic. As far as I am concerned, the law is on our side and the facts are on our side. We have a competent legal team that has handled this matter and that has been handling this matter until the last court of this land. If we go to the Supreme Court and they say we should do an election, you and I know, if they like, let them bring a special squad…we will tell them that it is not going to be possible. You have given us your mandate…we must secure it! We must protect it!”
On his part, APC governorship candidate, Dakuku Peterside, described the verdict as victory, not just for democracy but also for justice and the rule of law.
He said: “This judgment is resounding because, at last, we are vindicated. The journey, no doubt, was tortuous, but the suffering was worthwhile. It also shows that perseverance pays. This judgment, no doubt, also shows that we must continue to have faith in our judiciary as the last hope of the common man.
“I congratulate the good and long-suffering people of Rivers State for standing up to impunity, executive rascality and intimidation of the highest order. As we look forward to a fair contest, I urge our people to be calm and to continue to pray for our dear state.”
The River State Governorship Election Petition Tribunal sitting in Abuja, yesterday, nullified Wike’s victory in the April 11, 2015 governorship poll in the state. But according to Chris Uche, Counsel to the PDP, “The nature of the judgment delivered by the Justice Ambrosa-led tribunal makes appeal vital, as the new position adopted by the tribunal must be tested in the interest of justice.”
The tribunal noted that the election that returned Wike as winner and governor-elect was marred by irregularities and violence that played a major role in the outcome. Consequently, it ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll.
Ironically, during proceedings at the tribunal, INEC led evidence to defend the conduct of the election and Wike’s victory, insisting the poll was “free, fair and credible.”
Delivering the verdict on the petition filed by the APC and its gubernatorial candidate, Mr. Dakuku Peterside, Justice Suleiman Ambrosa held that under cross-examination, the character and testimonies of voters called by Wike left much to be desired. According to him, their evidence was “incredible and unreliable.”
On the other hand, the tribunal noted that the petitioners had discharged the burden of proof creditably, as it held that they (APC and Peterside) had proven their case beyond doubt that the election did not hold in most places, and that where it did, it was marred by irregularities and violence.
Addressing reporters after the judgment, Uche stressed: “This is the first tier in the judicial ladder. This judgment has raised several issues that must be tested on appeal. We still have the Court of Appeal; we still have the Supreme Court. We will all remember that even the Supreme Court has picked next Tuesday to deliver judgment on the jurisdiction of this same tribunal.
“Suddenly, the date was brought forward to deliver this judgment while the tribunal still had seven days to the expiration of the petition. By virtue of section 143 of the electoral act, our candidate, the governor, will remain in office until this matter has gone the whole hog to the Supreme Court. This judgment is one we must test on appeal. We have hope; we will contend with it seriously.”
Also reacting to the ruling as a travesty of justice and rape on democracy, the Rivers State PDP Chairman, Felix Obuah, said no matter the degree of conspiracy by the APC-led federal government, the falsehood and gang-up against Rivers people will amount to a nullity.
Obuah, in a statement signed by his media aide, Jerry Needam, urged people of the state not to panic over “the pre-empted judgment”, which, according to him, had been decided long before the written addresses by the parties were adopted Thursday, October 22, 2015.
Citing section 143, subsection 1 of the Electoral Act 2010, which guarantees an elected governor could stay in office and execute his duties as Chief Executive, as long as a notice of appeal is given against the judgment within 21 days from the date of the judgment, notwithstanding the decision of the election tribunal, Obua maintained that Wike remains governor.
He added: “And not minding the certainty of winning any future elections in the state against the conspirators, this is one tribunal judgment that will never stand. The PDP will go to any legal height possible to fight the injustice.
“There is no other reason why the tribunal hurriedly delivered the contraption it called judgment in less than 24 hours after adopting the written addresses on a matter that lasted over four months than pre-empting the judgment of the Supreme Court against the tribunal by the PDP, which comes up next week Tuesday.
“The good thing is that by the hurried judgment, the tribunal chairman has exposed his partiality and shot himself in the leg by defying all legal procedures and going ahead to deliver judgment on the APC petition, when there is an impending matter hinging on the appeal at the Supreme Court, just as he refused to vacate his seat as chairman of the election petitions tribunal for the State Governorship Election Petitions, despite PDP’s resentment on questions of integrity and impartiality.”
EXPECTEDLY, the APC is singing a different tune, praising the tribunal for serving justice.
In a statement, yesterday, the party’s National Publicity Secretary, Alhaji Lai Mohammed, said the judgment has clearly shown that the era of impunity and hooliganism is over, and that the only way for elections to have legitimacy is when they are free, fair and credible.
“What has come across from this judgment is that there is no shortcut to free, fair and credible elections. This is part of the wind of change that is blowing across the land and touching all arms of government under the administration of President Muhammadu Buhari.
“Elections are about the expression of the will of the people, and they must always be free to express themselves, irrespective of what some desperate politicians feel,” the statement said.
The party added that politicians, especially those seeking or occupying elective offices, must realise that they can only derive legitimacy from the people, and unless they respect the wishes of the electorate, they will not go far.
The party also commended Peterside for doggedness and conviction in the pursuit of his petition against the election of Wike, urging all APC members and supporters in the state to remain peaceful, even in the face of provocation.
“Even PDP supporters, I’m sure, in their heart of hearts knew that this day would come. Like I said to my supporters on that sad election day, justice will prevail and the truth of this day will come out,” said Tonye Princewill.
The Labour Party governorship candidate said he was not surprised that the tribunal cancelled the election and thanked the judges for upholding the law, the parties for conducting their briefs with civility and the people of Rivers State for surviving the period. He added that if he were the PDP, he would not have bothered to appeal the judgment, noting that this is a time for Rivers people to stay law-abiding, peaceful and reflect soberly.
Rivers State APC chairman, Davis Ikanya, welcomed the judgment, saying it has vindicated the party’s persistent claim that the election in Rivers State was a sham and that INEC erred in declaring Wike governor.
PDP National Publicity Secretary, Chief Olisa Metuh, in a statement, yesterday, described the verdict as completely bizarre, unacceptable and part of a script by the APC to manipulate the will of the people.
The statement reads in part: “The bias in the judgment against the PDP in Rivers as well as Akwa-Ibom is evidenced in the contradictions inherent in the trial process of the two cases and the verdicts therein, whereby the tribunals clearly disregarded standing legal norm that a petitioner must establish prove of claims. Also curious is the fact that after both the petitioner and respondent agreed before the tribunal that both card reader and manual accreditations were used for the election, the tribunal still went ahead to base its decision on issues of card reader.
“The PDP charges all lovers of democracy, particularly our members in Rivers and Akwa-Ibom States not to be daunted, as these judgments will not stand the test of the law and the will of the people. We reassure that the PDP will do all within the ambit of the law to resist this criminal attempt by the APC to steal and thwart the will of the people.”
Ekiti State governor, Mr. Ayodele Fayose, condemned the tribunal judgments nullifying the elections of Rivers and Akwa Ibom States governors, saying: “The seeming collaboration between the APC-led federal government and a section of the judiciary is worrisome and portends grave danger to the corporate existence of Nigeria. This is worse than corruption that the president claimed to be fighting.”
Fayose said desperation to take over the South South States of Rivers and Akwa Ibom through the backdoor by President Buhari and the APC, in preparation for 2019, using the judiciary, may cause anarchy in the country.
Speaking through his Special Assistant on Public Communications and New Media, Lere Olayinka, the governor accused the APC and President Buhari of another grand plot to rig the forthcoming Kogi and Bayelsa States governorship election, using the newly appointed INEC chairman, Prof. Mahmood Yakubu, and the Director General of Department of State Security (DSS), Alhaji Lawal Daura.
The governor called on Buhari to, in the overall interest of Nigeria, tread cautiously in his bid to consolidate power and prepare ground for his possible re-election bid.
The Guardian
