There is palpable tension and anxiety in Rivers State as the election of Governor Nyesom Wike was nullified by the Rivers State Elections Petition Tribunal, sitting in Abuja, yesterday.
The three-man tribunal, headed by Justice Suleiman Ambrosa, upheld the petition filed against the election by the All Progressives Congress (APC) and its gubernatorial candidate in the state, Hon. Dakuku Peterside. While the supporters of the All Progressives Congress (APC), yesterday, defied a downpour that lasted hours to celebrate and hail the nullification of the election, those of the Peoples Democratic Party (PDP) huddled together, discussing the development, criticizing the tribunal for its verdict, and mulling the party’s next line of action. The Independent National Electoral Commission (INEC) said it will decide what to do after receiving a copy of the judgment.
The tribunal maintained that the petitioners successfully proved that the governorship poll was characterized by violence and corrupt practices. “We are satisfied with evidence of the petitioners to the effect that substantial number of the electorate in Rivers State were disenfranchised as a result of massive and widespread irregularities,”it said. “We are further convinced that the election was characterized by corrupt practices. Consequently, we hold that the second respondent (Wike) was not validly elected. We hereby order the first respondent (INEC) to conduct a fresh election in Rivers State”.
The tribunal contended that the Independent National Electoral Commission, INEC, did not conduct the election in substantial compliance with the Electoral Act and its guidelines for the poll. It noted that whereas the electoral body had, in a statement, prior to the election, stressed that Card Reader Machines must be used to accredit voters, evidence adduced before it showed that INEC officials resorted to manual accreditation.
The tribunal observed that INEC’s directive, that election should be postponed in any polling unit where the Card Reader Machine malfunctioned, was not adhered to. “Guidelines that were issued by INEC for the conduct of the election were clear and unambiguous to the effect that where Card Reader fails, poll should be postponed rather than resort to manual accreditation. It was not for anybody to go outside the guidelines,”it stated. “We have also considered the potency of the evidence tendered by petitioners’ witnesses and we are satisfied that the petitioners succeeded in proving that the election was characterized by wide spread irregularities, violence and ballot snatching. “We are satisfied that the petitioners were able to discharge the burden of proof placed upon them by the law. The petitioners were able to prove that electorates were disenfranchised”.
The tribunal held that witnesses brought by both INEC and Wike “were full of inconsistencies”. It observed that most of the witnesses called by the electoral body, during cross-examination, admitted that where the Card Reader Machines failed, they resorted to manual accreditation.
The tribunal said that it found out that in some polling units, number of voters exceeded the number of those accredited with the Card Reader. Similarly, the tribunal noted that witnesses called by Wike, despite their evidence that the election was peaceful, when they were shown INEC document containing the guideline that election should be postponed wherever the Card Reader failed, declined to read it.
“While some claimed that they could not see, others insisted that they would not read documents that were presented to them because they were not the author”, it said. “We were not impressed by the conduct of the respondents’ witnesses upon cross examination by the petitioners’ counsel. “We are in agreement with counsel to the petitioners that the evidence of respondents’ witnesses were unreliable and untenable.
“In view of this, the respondents have failed to convince this court on the credibility of their claim that election substantially took place in Rivers State on April 11, 2015”. Consequently, it ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll.
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.”
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.
In order 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.
The PDP candidate can still seek redress at the Appeal Court and the Supreme Court
