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Wike, PDP Reject Tribunal's Ruling on Inspection of Materials

10 Jul 2015
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Nyesom Wike
Tribunal stands by its order
Tobi Soniyi in Abuja

Rivers State governor, Nyesom Wike and his party, the Peoples Democratic Party (PDP) have rejected the ruling of the Rivers State Governorship Election Tribunal refusing to vacate its earlier order to allow the All Progressives Congress (APC) to inspect materials used for the April 11 governorship election in the state.

The state's governorship election tribunal, had on June 11, following an ex-parte application by APC and its governorship candidate, Dakuku Peterside (who are challenging Wike’s election), ordered the Independent National Electoral Commission (INEC) to allow the petitioners inspect materials used for the election for the purpose of proving their case.

INEC allegedly refused to obey the order on the grounds that Wike had applied for the order to be set aside, while the PDP was challenging the court's jurisdiction.

In his application, Wike demanded the tribunal to either set aside or vary the order on the grounds that it was made without jurisdiction.
Alternatively, he applied that his agents be allowed to participate in the inspection to be undertaking by the petitioners.
The PDP supported Wike's position, while INEC said it would await the outcome of the petition to decide whether or not to obey the order for inspection.
Ruling yesterday, tribunal's Chairman, Justice Muazu Pindiga refused Wike's application on the grounds that it lacked merit.
He however ruled that all parties be present when the inspection is being done.

In a swift reaction, one of the Wike's team of lawyers, Godwin Obla, SAN said the tribunal's ruling would be challenged.
He said that order made without jurisdiction could not stand.

In dismissing Wike's application, 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.

"There is need for us to clarify the order we made on June 11. The order was made against INEC to allow the petitioners access and inspect and obtain the certified true copies (CTC) 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," Justice Pindiga said.
He adjourned to July 22 for the commencement of the pre-hearing session in the petition by APC and Peterside against Wike's election.

The parties had while arguing Wike's petition on July 7, disagreed on why INEC was reluctant to allow the petitioners to inspect the election materials as per the tribunal's order of June 11.

The petitioners' lawyer, Akin Olujinmi, SAN had argued that INEC’s continued refusal to allow his clients’ agents inspect the election materials was a manifestation of an alliance between INEC, Wike and the PDP to frustrate the hearing of the petition.

Olujinmi urged the tribunal to dismiss the application by Wike on the ground that the order was not directed at him, but at INEC, which was directed to allow the inspection.

He stated that Wike’s decision to challenge an order that did not affect him and INEC’s refusal to obey the court’s order formed part of the plot by the PDP, Wike and INEC to frustrate the proceedings before the tribunal. He urged judges of the tribunal to be firm to halt the current disregard of its order.

“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 in 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,” Olujinmi said.

Stressing that the Wikes application was without merit, Olujinmi noted the contradiction in the reasons the applicant gave in seeking to set aside the order. He noted that while Wike, in one breath, argued that the order for the inspection poses threat to national security, he on the other, urged the tribunal to allow his agents participate in the inspection.

Tags: Featured, Materials, Nigeria, Tribunal, Politics

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