Supreme Court; Tribunal Denied Wike Fair Hearing

The supreme court on Friday explained why it declared Nyesom Wike, candidate of the Peoples Democratic Party (PDP) in the April 11 2015 governorship election in Rivers state, as the duly elected governor of the state.

The court held that the judgment of the appeal court affirming the judgment of the election petition tribunal sacking Wike was a nullity because the governor did not get a fair hearing as the facts he presented were not considered by the tribunal.

It said the tribunal was improperly constituted, explaining that Suleiman Ambursa, chairman of the tribunal, passed judgment in error because he did not sit over the initial hearing of the case.

Ambursa replaced Mu’azu Pindiga, who was removed in the middle of the hearing of the Rivers governorship election petitions. It held that Dakuku Peterside, candidate of the All Progressives Congress (APC) in the governorship poll and respondent in the appeal, was unable to prove that an election did not take place in Rivers state on April 11.

The supreme court explained that the burden of proof was on Peterside to prove that the election was marred by wanton violence, and that it did not take place. The court had upturned the judgment of both the election petitions tribunal and the appeal court nullifying his victory at the April 11, 2015 poll.

In October 2015, the Rivers state governorship election ‎petition tribunal sitting in Abuja nullified Wike’s election, and ordered the Independent National Electoral Commission (INEC) to conduct a fresh poll. On behalf of the three-man panel, Suleiman Ambursa, the chairman, said Wike was not duly elected governor of Rivers state, adding that the election was flawed based on evidence presented to it.

The tribunal held that the testimonies of Wike’s witnesses were weak, and as such could not prove the governor’s case beyond reasonable doubt. It also held that Wike’s witnesses made contradictory statements, further complicating the defendant’s case.

It dismissed the governor’s petition over the power of the tribunal to entertain the case. Wike appealed the judgment, but he lost again two months later, when the appeal court unanimously dismissed all the seven issues he raised, and upheld the decision of the tribunal on the conduct of a fresh governorship election in the state.

He had asked the appellate court to set aside the judgment of the tribunal, arguing that‎ the lower court failed to consider the evidence – that a proper election took place in Rivers state on April 11 – tendered before it. On January 27, when the supreme court sat over the case, Wike emerged winner for the first – and most important – time.

In a lead judgment by Justice Kekere-Ekun, the court unanimously validated his election on the grounds that he won with the lawfully valid votes. However, the panel, led by Justice Mahmoud Mohammed, chief justice of Nigeria, did not explain the reasons for its judgment. Instead, it said they would be given on February 12.

https://www.thecable.ng/supreme-court-tribunal-denied-wike-fair-hearing

What is going on in this country?

Is this All the Reason SC can give why postpone till thisday.God is watching in 3D

This same SC that said Rivers state was a theatre of War,I weep for Naija

Life goes on......ekiti will pay for it.....i keep wondering why fayose hasnt congratulated wike yet.......just wondering....

We all know the supreme Court gave us judgement so that peace can reign

this reason is soo not good enough.. .. u could have ordered for a retrial of the case na

With due respect, the present Supreme Court reeks of bias. The Supreme Court is the biggest threat to Nigeria's democracy.

Substituting a Judge in the middle of a case. That's their major reason 4 upholding Wike.

Well Justice served.

BlackMerchant:
With due respect, the present Supreme Court reeks of bias. The Supreme Court is the biggest threat to Nigeria's democracy.

Wat r ur reasons 4 the post? Knowing d same court upheld Lagos, Ogun, Kebbi and Oyo!

BlackMerchant:
With due respect, the present Supreme Court reeks of bias. The Supreme Court is the biggest threat to Nigeria's democracy.

Chai d thing pain am!! Lolz

It's obvious the tribunals and courts of appeal are all working for the APC, thank God we have an independent Supreme Court.

Finally an unbiased ruling!
Thumbs up for the supreme court

These SC justices are a bunch of criminals.
So they discarded reasons why the election was massively rigged and thus a sham and upheld Wike's fraudulent election just because they feel he wasn't given a fair hearing at the tribunal!
If there was any further doubt that Wike bought his victory,then this clears it all.
Nemesis would catch up with them all.
There was once a SC justice from Benue state who was accused of being fraudulent by Salami of the appeal court.Just a few months down the line,after his(SC judge)retirement,his wife was killed by a falling tree in their family compound.
God is not blind and his justice though delayed,but cannot be denied and it strikes at the heart of men!!!

donsteady:
What is going on in this country?

writing or righting the wrongs of the controlled tribunal and appellate court.
bros if u dont like wat is happening, abeg visit lagoon.
will rather prefer a rerun whr monies will be spent, election conducted n declared inconclusive and innocent voters will still be killed in quantum n at the end pdp will still be announce winner?
abi for ur warped mind u think wike for lose the rerun?

Pavarottii:

Wat r ur reasons 4 the post? Knowing d same court upheld Lagos, Ogun, Kebbi and Oyo!

I don't know about Ogun,Kebbi and Oyo.Just count Lagos out.

PDP can never win Lagos even after Christ come and go.

JK was simply kiding.

doctokwus:
These SC justices are a bunch of criminals.
So they discarded reasons why the election was massively rigged and thus a sham and upheld Wike's fraudulent election just because they feel he wasn't given a fair hearing at the tribunal!
If there was any further doubt that Wike bought his victory,then this clears it all.
Nemesis would catch up with them all.
There was once a SC justice from Benue state who was accused of being fraudulent by Salami of the appeal court.Just a few months down the line,after his retirement,his wife was killed by a falling tree in their family compound.
God is not blind and his justice though delayed,but cannot be denied and it strikes at the heart of men!!!

..After the wailing, play Ben Bruce ..

.. Ben bruce ..Ben bruce

other reason SC gave are:
1.Dakuku didn't call witness PU(polling unit) by PU.how can that be with the limited time Appeal gave
2.INEC rules cannot superceed Electoral Law: that means I can write Result and send to INeC n be declared Winner.APC will show dem pepper with this
3.Dakuku did not evidently show the election was marred with violence.the same SC that earlier ruled RIvers state was a theatre of War n that tribunal was properly constituted


I fear for naija

dunkem21:


..After the wailing, play Ben Bruce ..

.. Ben bruce ..Ben bruce

U are a dimwit. Instead of joining sane minds to condemn a fraudulent judgement,u are here throwing childish tantrums.
These are d kinds of decisions that breed dictatorship if u don't know.With the kind of pressure some people would put on PMB,particularly with revelations of how Wike met the justices,and with the irritating reason they gave today,dont be surprised to see a president that will soon start to wield his enormous powers.
It's your same type that will come out crying.I thought the certain faith of Nnamdi Kanu should have thought your type some lessons in power,but I clearly ascribed more intellect to u than u are due.

Pavarottii:

Wat r ur reasons 4 the post? Knowing d same court upheld Lagos, Ogun, Kebbi and Oyo!

The decision in the Lagos case was on the merits bro. Same wtih Ogun, Kebbi and Oyo. But the decision in the Rivers case did not consider the merits of the case. More like the case was decided on technical points, which the Supreme Court, in the past, had frowned at.

If this shameful, unintelligent and absurd nonsense really came from the Nigerian SC, then this country is in serious trouble...

themilanway:


I don't know about Ogun,Kebbi and Oyo.Just count Lagos out.

PDP can never win Lagos even after Christ come and go.

JK was simply kiding.

The same way APC can never win in Rivers.JK even had more chance in lagois than Dakuku in Rivers

modified:
d revelation by supreme court is a solid prove dat APC govt muzzled tribunals n appeal courts to take ova PDP states through d window. can anybody explain why a tribunal judge will be removed in d middle of court proceedings an replaced by an APC supporter how can wike be given fair hearing in d mids of all these impunity n lawlessness d desperation by APC govt to take ova oyel states especially rivers n akwa ibom has infact shown dat judas ameachi is hopelessly kworopt. he used rivers state funds to sponsor baba london. because of dat, APC ar desperate to nap rivers so dat their doll babe puppet, dukuku will cover their shady dealings.
weldone supreme court, d last home of d comon man.

Pavarottii:
Substituting a Judge in the middle of a case. That's their major reason 4 upholding Wike.

Well Justice served.

Pindiga was removed before the substantive case began. He was merely taking interlocutory applications and had not begun hearing evidence. He cannot be said to have been removed in the middle of the case. Starting a case de novo or afresh should be when a judge has begun taking evidence.

doctokwus:

U are a dimwit. Instead of joining sane minds to condemn a fraudulent judgement,u are here throwing childish tantrums.
These are d kinds of decisions that breed dictatorship if u don't know.With the kind of pressure some people would put on PMB,particularly with revelations of how Wike met the justices,and with the irritating reason they gave today,dont be surprised to see a president that will soon start to wield his enormous powers.
It's your same type that will come out crying.I thought the certain faith of Nnamdi Kanu should have thought your type some lessons in power,but I clearly ascribed more intellect to u than u are due.

what exactly is fraudulent about the supreme court"s judgment

doctokwus:
These SC justices are a bunch of criminals.
So they discarded reasons why the election was massively rigged and thus a sham and upheld Wike's fraudulent election just because they feel he wasn't given a fair hearing at the tribunal!
If there was any further doubt that Wike bought his victory,then this clears it all.
Nemesis would catch up with them all.
There was once a SC justice from Benue state who was accused of being fraudulent by Salami of the appeal court.Just a few months down the line,after his(SC judge)retirement,his wife was killed by a falling tree in their family compound.
God is not blind and his justice though delayed,but cannot be denied and it strikes at the heart of men!!!

eyah dis one ^^^ is in pain

kcmichael:
other reason SC gave are:
1.Dakuku didn't call witness PU(polling unit) by PU.how can that be with the limited time Appeal gave
2.INEC rules cannot superceed Electoral Law: that means I can write Result and send to INeC n be declared Winner.[b]APC will show dem pepper with this
[/b]3.Dakuku did not evidently show the election was marred with violence.the same SC that earlier ruled RIvers state was a theatre of War n that tribunal was properly constituted


I fear for naija

We are waiting for you.You can start from the next Rivers re-run.What happenend in bayeldsa would be a child 's play compared to what you will see in Rivers

But why Wike matter, dey pain una like this. The Highest court in the land has spoken, kill yasef!

kcmichael:
other reason SC gave are:
1.Dakuku didn't call witness PU(polling unit) by PU.how can that be with the limited time Appeal gave
2.INEC rules cannot superceed Electoral Law: that means I can write Result and send to INeC n be declared Winner.APC will show dem pepper with this
3.Dakuku did not evidently show the election was marred with violence.the same SC that earlier ruled RIvers state was a theatre of War n that tribunal was properly constituted


I fear for naija

The SC should have kept quiet and enter grave with this laughable and shameful judgement instead of coming up with this thoughtless, corrupt and unintelligent excuse that ridicules the SC, renders the SC worthless and frivolous..

chukwudi44:


The same way APC can never win in Rivers.JK even had more chance in lagois than Dakuku in Rivers

I don't care about Rivers or any other states barring Imo and Lagos.The ultimate aim was to kick Jonathan out and to retain Imo and Lagos,the rest for me were secondary.

JK had more chance in Lagos? .Even his uncle the Oba of Lagos told him he can only rule Lagos in his dream

Nice one

This their reason get as it be why not order for retrial of the case.