Rivers State Governor, Nyesom Wike has revealed why the All Progressives Congress, APC, candidate Dakuku Peterside was not qualified to run for the April governorship election.

Wike who made this claim through his Counsel, Emmanuel Ukala, SAN, at the Election Petition Tribunal sitting in Abuja, said the Independent National Electoral Commission, INEC, rules governing nomination of candidates was not observed by the APC candidate.

“The APC did not observe the 21 days Electoral Act declaration under which it is to notify INEC of its candidate before its primary elections.
“So, the document presented by APC on Nov. 18, 2014 notifying INEC of its candidate does not in any way go with the provisions of the electoral law.

“Time is needed to be given to INEC within 21 days of notice under Section 85(1) of the electoral act to produce a candidate to be held, failing which the convention is deemed to be unlawful and a nullity,’’ he argued

Ukala therefore prayed the court to strike out some paragraphs in the petition against Wike because convention/primary elections held on Dec. 4 that produced the APC candidate to run for the 2015 general election was null and void.

In addition, Ulaka stated that President of the Court of Appeal did not consult anyone in the State before constituting members of the panel, adding that the tribunal had no territorial jurisdiction to sit in Abuja.

He also urged the tribunal to discountenance a document produced at the tribunal notifying INEC of the time the APC would conduct its convention and primary elections.

“My argument is on admissibility of this document, a certified true copy of a document can under any circumstances be admitted from the bar but that is not a gateway for breaching all rules of procedure and letting in all manners of document.
“The law governing proceedings in election petition does not contemplate the admissibility of document, the document in question is supposed to be the property of the 2nd petitioner; that is the APC.

“The petitioner has been in the possession of the document, why didn’t he present it before now; based on the fact presented by him, the document is not relevant,’’ Ukala stressed.

Both counsels to INEC, Onyechi Ipeazu and counsels to the People’s Democratic Party, PDP, Ifedayo Adedipe and Wole Olanipekun, SANs all agreed with Ukala’s submission.

Meanwhile, Counsel to Peterside, Akin Olujimi, argued that his client was duly nominated in accordance with the law of the electoral act.

Olujimi stated that the issue of proper nomination should only be resolved at a trial and not on preliminary objection, adding that the issue as raised by Wike could only come on cross petition.

He therefore urged the court to dismiss the application on grounds that it had no validity and that Section 138 of the Electoral Act backed up his argument.

According to Olujimi, the whole argument on territorial jurisdiction by all the respondents is base on misconception and misconstruction of Section 285(2) of the Constitution

“The error of the application is that they took the language of constitution wrongly and misinterpreted it.
“Once a tribunal is established, it is recognised up to the Appeal Court level, so the section of the Constitution quoted by my learned counsels is perfectly illustrated.

Wike’s victory at Rivers Tribunal: Why Peterside was ineligible to run for governor April 11 election was challenged by the APC claiming the election was rigged and marred with violence of various degrees.

The tribunal therefore adjourned sitting to rule on eligibility of the APC candidate and the issue of territorial jurisdiction to July 29 and July 31.

It also adjourned sitting till July 23 to hear some other motions before it.

Dakuku still wasting his time, what an ediot.

Rivers the last hope for the APC and the parasites.

Sorry, but Rivers will never get to you. Even Imo is not sure anymore as Rochas will eventually return to his roots.

Losers.

I don't care if its APC/PDP or indomie party all the poor Nigerians wants is good governance and able to deliver the basic social amenities like water, roads and electricity.
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