PDP, INEC ask tribunal to dismiss APC’s suit challenging Wike’s victory

THE Peoples Democratic Party (PDP) yesterday prayed the Rivers State Governorship Election Petition Tribunal to dismiss the petition filed by the All Progressives Congress (APC) governorship candidate in the state, Mr. Dakuku Peterside, for want of merit and substance.

The Rivers State Governor, Nyesom Ezenwo Wike, prayed the tribunal to dismiss the petition as the petitioner did a shoddy work in his failed attempt to prove the several unfounded allegations against his election on April 11, 2015.

PDP and Wike made same prayer as Justice Suleiman Ambrosa-led Rivers State Governorship Election Petition Tribunal adjourned for judgment after counsel to the respondents and petitioners adopted their written addresses.

The Independent National Electoral Commission (INEC) also prayed the tribunal to dismiss the petition, declaring that the burden of proof resided with the petitioner, who it submitted, “failed to discharge same before the court.”

But in adopting its own address, APC prayed the tribunal to grant the reliefs sought in their petition.
In his submission, Counsel to the PDP, Chief Wole Olanipekun (SAN) submitted that the petition was incompetent and the tribunal lacked jurisdiction to amend the petition of the APC, which was replete with some bogus reliefs, which the petitioner has already abandoned mid way.

Olanipekun submitted that whereas the petitioner alleged several cases of violence and abduction of voters, he failed to lead any in that direction or call any witness to prove his claim.

Counsel to INEC, Dr. Onyechi Ikpeazu (SAN), failed to prove his allegations, by each polling unit, noting that the few witnesses called by the petitioner were not participants in the election as directed by the Supreme Court.

He said the soldiers, mobile policemen and DSS operatives invited by the APC gave generic and contradictory evidence, which have no relevance in relation to voting at the polling units, hence their testimonies are unreliable.

The INEC counsel declared that on the premise of the Supreme Court judgment in the case between Buhari and Obasanjo, INEC guidelines cannot supersede the Electoral Act, noting that accreditation is not restricted to card readers.

He added that the reports tendered by the Rivers State APC were rejected by INEC before Governor Nyesom Wike was returned. He said such reports will no longer be tenable.

In his submission, Counsel to Governor Wike, Mr. Emmanuel Ukala (SAN), declared that the Rivers State APC governorship candidate, Dakuku Peterside, was not qualified to contest the April 11 election because his nomination contravened Section 85 (1) of the Electoral Act.

He cited the case of Wike V Labour Party wherein the Appeal Court held that Section 85 (1) of the Electoral Act is critical to the nomination of a candidate.

He faulted the petition before the tribunal because the Rivers State APC gubernatorial candidate was not duly nominated.
Ukala said that the failure of the petitioner to call witnesses who conducted the election was fatal to his case.
He said out of the 5,792 forms available for the conduct of governorship election, the Rivers State APC only tendered about 3,000 forms contrary to the law, which stated that all the forms be tendered.

In his submission, Counsel to the Rivers State APC, Chief Akin Olujimi (SAN), urged the tribunal to grant his petition, pointing out that the burden of proof rests with the respondents.
He said though the card readers do not replace the voters registers, they are vital to credible accreditation.