The Rivers State Governorship Election Petition Tribunal sitting in
Abuja, yesterday, slated Monday to decide whether or not to dismiss
the petition that was filed against Governor Nyesom Wike by the All
Progressives Congress, APC.

The Justice Muazu Pindiga-led tribunal adjourned for ruling on a day
APC and its governorship candidate in Rivers State, Dr. Dakuku
Peterside, accused Governor Wike and the Peoples Democratic Party,
PDP, of plotting to hijack the proceeding of the tribunal.

The petitioners made the allegation following two separate applications
challenging the continued hearing of the petition seeking to annul the
April 11 governorship election in Rivers State.
The applications were filed by the Independent National Electoral
Commission, INEC, and Governor Wike.

The two defendants, through their various lawyers, yesterday,
challenged the proceeding of the tribunal, insisting that pre-hearing
session on the petition by the APC was not properly convoked.
INEC through its lawyer Mr. K.O.C. Njemanze, SAN, applied for an
order dismissing the petition as being abandoned in consequence of
non compliance with the provision of paragraph 18(1) of the First
Schedule to the Electoral Act.
INEC’s motion dated July 27, was filed pursuant to section 6(6) (a) of
the 1999 constitution, as amended, and paragraphs 18(1) (3) and (47)
of the First Schedule to the Electoral Act.

The electoral body maintained that the petitioners failed to pay the
necessary fees before they applied to the Secretary of the tribunal I
issue them Form TF007, which will okay pre-hearing on the petition.
“It is our submission that payment of filing fee for such application is
statutory and constitutes a condition precedent for the invocation of
the jurisdiction of this tribunal.’’

“In the circumstance we submit that in the eyes of the law, there is no
application for pre-hearing session. We therefore urge this tribunal Petitions
dismiss this petition as abandoned”, INEC added.

Similarly, Wike, through his lawyer Mr. Emmanuel Ukala, SAN, relied on
the case of Ihedioha vs Okorocha and argued that the failure of the
petitioners to properly apply for the pre-hearing session rendered the
case before the tribunal liable to be dismissed.

Wike noted that the Imo State Governorship Elections Petition Tribunal
had in a ruling it delivered on July 22, held that the failure of Ihedioha
to pay the N100 filing fee in respect of an application for pre-hearing
was fatal to his petition against Okorocha.

“It is clear that the application by the petitioners in this matter bears
no receipt of any payment and therefore ought to be dismissed”, Wike
argued.

The PDP through its lawyer Mr. Goddy Uche, aligned with INEC and
Wike, saying “the petition is dead and should be given a befitting
burial”.
The defendants contended that the tribunal could not take any further
step on the matter until the competence of the pre-hearing application
is determined.
Meantime, counsel to the petitioners, Chief Akinlolu Olujunmi, SAN,
yesterday, prayed the tribunal to dismiss the two applications as
lacking in merit.

Olujunmi urged the tribunal not to allow the defendants to rely on
technicalities to defeat the course of justice, saying there is no
specific provision of the law that made payment of N100 filing fee
mandatory.
Arguing that the tribunal has the discretion to proceed with hearing the
petition or to direct the petitioners to go and pay the fee, Olujunmi,
SAN, urged the panel to be wary of plot by the defendants to take over
its proceedings.

“I urge your lordships to be extra-vigilant and not allow the
respondents to high-jack the proceeding of this tribunal”, the APC
lawyer pleaded.
After listening to all the parties yesterday, the Justice Pindiga-led panel
adjourned for ruling.

It will be recalled that the proceeding of the tribunal was stalled on
Thursday owing to failure of governor Wike and the PDP to respond to
the pre-hearing application by the APC.

The application by the APC will allow the tribunal to begin full-blown
hearing on the petition seeking to annul the election that brought
governor Wike to power.

Both APC and Peterside are praying the tribunal to sack Wike from
office on the premise that the Rivers State governorship poll was not
only fraught with manifest irregularities, but was also conducted withu
total disregard to relevant provisions of the Electoral Act.

The petitioners want the tribunal to void the election and order a fresh
governorship poll in the state.
So far, four other petitions that were lodged against Wike before the
tribunal have been dismissed.


http://anambrariansnews.com.ng/?p=15760

OK. waiting, Wike we know

Wike is too wicked

jjlala:
Wike is too wicked

how?