The Supreme Court on Friday gave reasons for its January 27 judgment upholding the election of Rivers State Governor, Nyesom Wike.
The apex court said the decision was informed by its findings that the petitioners at the tribunal – the candidate of the All progressives Congress (APC) in the election, Dakuku Peterside and his party – failed to prove their case of malpractices and non-compliance as required.
A seven-man panel of the court, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, held that the election petitions tribunal and Court of Appeal, which earlier voided the election, were wrong to have based their decisions on the petitioners claim that the Independent National Electoral Commission (INEC) officials’ failed to adhere to the commission’s manual, guidelines and directives on the exclusive use of the card reader for accreditation and the hearsay evidence presented by the petitioners.
The court reiterated its position that card reader was not a sufficient replacement for manual accreditation. It further held non-compliance with INEC’s manual and guidelines by its officials in the conduct of election was not a sufficient ground to void the election.
The apex court also believed that Peterside and his party failed to discharge the burden of proof placed on them having listed alleged misconduct including violence, disenfranchisement and non-compliance with election guidelines.
The court held that the tribunal denied Wike and his party, the right to fair hearing by allowing a wrong panel to deliver ruling on an application they filed, challenging the competence of the petition.
Justice Kudirat Kekere-Ekun, while giving reasons for the position she took in the lead judgment, held that it was wrong for Justice Suleiman Ambrosa, the later chairman of the tribunal, to have chaired the panel that delivered the ruling on the application by Wike and PDP when he was not the chairman when the application was argued.
Of the 11 issues considered in the appeal, Justice Kekere-Ekun resolved seven in favour of Wike and the PDP and four in favour of Peterside and APC who were listed as respondents in the appeal marked: SC/1002/2015.
The issues resolved in favour of Peterside and APC were those related to preliminary issues of service and locus standi.
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