₦airaland Forum

Foyose what's ur economic blueprint for Ekiti people? What solution have u provided for Ekiti people? U rant like an Infant.Ekiti people really need ur governance.stop displaying such imbecilic atitude.Nigeria will surely bounce back despite the challenges.

The Supreme Court in Abuja on Friday gave reasons for upholding the election of Governor Nyesom Wike of Rivers State. From the unanimous judgment read by Justice Kudirat Kekere-Ekun we identified nine [9] cogent reasons for the decision the court arrived upon. These reasons were mostly predicated upon the testimony of Prosecution Witness 49, the constitutional role of the card reader and the inability of the respondents to prove non-compliance, which is expected to have been done, polling units by polling units, according to the provision of the constitution.
1.The inability of the tribunal to be properly constituted during the determination of the matter amounted to lack of fair hearing of the governor’s case and was a good ground to set aside the entire proceedings before it, but since it was an election matter which was time-bound, according to section 289 (6) and (7) of the constitution, it was necessary to consider the appeal according to its merit.
2.On the alleged violation of documents tendered at the tribunal and the appeal court, the court held that the function of the card reader, though quite commendable in the conduct of the 2015 elections, is solely to authenticate the owner of the voter’s card and prevent multiple voting by a single voter.
3.The card reader cannot replace the voters register, recognized by the constitution.
4.The 49th prosecution witness (PW), an Assistant Director of Information Communication and Technology at the Independent National Electoral Commission, acknowledged that the report she had testified to, was prepared by a certain Mrs. Nnenna, a staff of her unit. “The position of the law is that there is a difference between admissibility (relevance) and probative value (proof) to be attached to the said evidence. Where the maker of a document is not called to testify, the document should not be accorded probative value, not withstanding its status as a certified copy document.”
5. The said witness did not take part in any stage of the accreditation of voters, and was not in any position to testify as to how the card reader functioned during the election.
6.The same witness also told the tribunal during cross examination that she was not in Rivers State during the election and did not examine the card reader after the exercise.
7.Section 139 of the Constitution states that where a petitioner complains of non-compliance with the provisions of the act, he has an onerous task of proving it, polling unit by polling unit, ward by ward and the standard of proof is on a balance of probabilities.” Out of the 11 voters registers tendered for 11 out of 23 Local Government Areas of the state, no attempt was made to link them to exhibits A9, which contained the number of accredited voters.
8. Documents before the court proved that the number of accredited voters stated in forms ECA8 was different from the number stated in exhibit A9 and was grossly inadequate in proving non-compliance, which is expected to have been done, polling units by polling units, according to the provision of the constitution.
9.Witnesses at the tribunal had testified that where the card reader failed to read a voter’s PVC, incident forms were used, but none of the forms were tendered by the first and second respondent.

Why will He tell INEC to write their will or that they will treated like armed robbers.when has he become the security agencies,Wike is now wailing.the Blood of those slain are crying for vengence over wike Head

Gov Wike is now gittering because he know he used Inec to win Election,U will be taught a lesson this time

Rivers State Governor, Nyesom Ezenwo Wike has declared that his administration will support the conduct of free and fair legislative rerun elections by the Independent National Electoral Commission, INEC, in the state.
The governor, however, stated that that the people of the state will resist any attempt to rig the forthcoming rerun elections with the aim of subverting the will of the people.
Governor Wike spoke on Friday at the Government House, Port Harcourt when he granted audience to the new Resident Electoral Commissioner of INEC in Rivers State, Elder Ikoiwak Aniedi.
The governor said: "You must have heard me say, which some people have taken out of context. I want to repeat what I said. We will support anybody that comes to conduct free and fair elections. If anybody has at the back of his mind that he is coming to do the bidding of a particular political party or interest group or that he is coming to the state to impose candidates on the state or rig election, the people will resist. Of course, you know what that means.
"You have said it here that it is the duty of the people to elect their representatives. It is not the duty of INEC and it is not the duty of security agents to impose candidates on our State. Your duty is to conduct free and fair elections and we want to believe that INEC will conduct free and fair elections ".
Speaking further, Governor Wike said: "The ruling party at the Federal level has boasted severally how they will use INEC and security agencies to manipulate the rerun elections. Don't allow any security agency to teleguide you because we have told our people that everybody should be firm, everybody should be ready. We will not take any chances, we will follow materials bumper to bumper. We will make sure we have agents in all areas".
The governor urged INEC to ensure that the forthcoming rerun elections in the state are conclusive.
Governor Wike called on the INEC Resident Electoral Commissioner to seek the opinion of the commission’s legal department on the legal implications of the rerun elections which will hold on 19th March, 2016, long after the three months stipulated in the Electoral Act and the judgment of the Court of Appeal.
He said that the new Resident Electoral Commissioner is a man who understands the terrain of the state and has the capacity to conduct free and fair elections.
Earlier, the Rivers State INEC Electoral Commissioner, Elder Ikoiwak Aniedi said that he paid the courtesy call to inform Governor Wike that rerun elections will hold in the state on 19th March for 3 Senatorial Districts, 12 Federal Constituencies and 22 State Constituencies.
Elder Aniedi applied for the governor’s approval for INEC to use state schools for the elections from March 18 to March 20, 2016.
He assured the people of the state that INEC will conduct free and fair elections in line with the law. He added that the commission will work with security agencies to ensure peaceful polls.

Rivers state has about 3000 Polling unit,how on Earth did they want Dakuku to call 3000 witnesses within 90days and court will sit to listen to these 3000 witnesses?our Electoral law needs reforms.SC ruled Rivers state was "a theatre of war" and Appeal ruled that "Tribunal was properly constituted" how come SC ruled against itself

Day dreamer,APC go show una shaggey

UGWENNA:
Wike had previously challenged the constitution of the tribunal in the appeal and supreme Court and the both courts held that the tribunal was lawfully constituted. In dismissing Wike's appeal, the supreme Court said that Rivers state was a theatre of war, thus the tribunal even with their security men could not conduct sittings in River state. In the tribunal Wike, INEC and Dakuku were all giving opportunities to present their witnesses which they did. So how could supreme Court says that Wike was not giving fair hearing because I am aware that Wike closed his case even when he still had time to call in more witnesses at the tribunal. for me, I think supreme Court has legalised electoral violence. May God save Nigeria from politicians, police and the judiciary.

Bros abeg take one chilled bottle of Kunu n Zobo don't mind those wey no dey think.sC overule itself

shammah1:
Read the thread well before commenting. SC said that APC couldn't prove their allegations that the election was plunged with violence and didn't hold. & the Ali Ambrose led tribunal did not give Wike of PDP fair hearings. That's to say that the Rivers Tribunals was bought by Buhari & Amaechi that was why they relocated it from PHC to FCT. Don't die crying. I know it's too painful for you & your types to accept but who cares?

Remember SC had Earlier ruled that Rivers state "was a theatre of War" and that "Tribunal was properly constituted" why did they Overule theirself

Na waooo so it took SC 2weeks to write a 2 page judgement? I guess they were thinking on what to write. SC court ealier ruled Rivers state "Was a theatre of War" yet overuled itself that Dakuku did not prove there was violence.when all wikes witness suddenly became BLIND,Wilke only tendered Newspaper advert as Exhibit

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

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

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

As reactions continue to trail the judgments of the Supreme Court in upholding the elections of some state governors on the platform of the Peoples Democratic Party (PDP) in spite of earlier contrary judgment by the Court of Appeal, some legal practitioners have described the use of the Permanent Voters Cards (PVC) by the Independent Electoral Commission (INEC) as unconstitutional.
According to some legal experts spoken with, the use of the PVC for the conduct of elections in the country was not recognised by the Nigerian Constitution, pointing out that the Constitution was yet to be amended to that effect.
Speaking in separate interviews with Daily Times, they stressed that the INEC only issued guidelines that enable the PVC to be used in the last general election.
According to them, the Constitution only recognised the use of manual voting for elections, stressing that in cases where the PVC failed and card readers were used, the result of the election were valid except proven otherwise.
A former Chairman Ikeja Branch of the Nigerian Bar Association (NBA) Barrister Tony Ubani noted that in spite of complaints of irregularity in the use of card readers in several states during the last general elections, the result of such election was valid until substantial evidence of irregularity was proven, adding that PVC was not recognised by the constitution.
His words: “INEC only issued guidelines for the use of PVC in the last general election, the Constitution was not amended to recognise theuse of PVC or card reader, our constitution recognises manual voting, there is no way you would replace a substantive law with a guideline”.
Speaking further, Ubani called for the immediate amendment of the constitution for the recognition of PVC, adding that only electoral reform could eliminate confusion and make political office less attractive which would aid free and fair elections in Nigeria.
In his view, Barrister Billy Dawodu stated that the resort to manual voting when there was malfunctioning of the card reader was within the law, except in case where proven that the process was manipulated.
He said: “You would recall that INEC PVC failed in several states, so when people resorted to manual voting, it is in order except when a case of manipulation is proven. But you cannot fault the Supreme Court for the judgment” Dawodu disclosed.
Already, the Supreme Court has explained why its rulings on the 2015 governorship elections failed to accord any probative value on reports relating to the Card Reader Machines deployed by the INEC, in the conduct of last year’s general elections.
It averred that while provision was made for the use of the Electronic Card Reader Machine for accreditation of voters in the Approved Guidelines and Regulations for the conduct of the 2015 general elections, the device was never “intended to supplant, displace or supersede” the Voters’ Register.
A seven-man panel of Justices of the apex court, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, who made this position known, while adducing reasons why the election of Governor Dave Umahi of Ebonyi State was upheld, observed that the issue caused various Divisions of the Court of Appeal to give divergent interpretations on election disputes that were brought before them by appellants.
According to the apex court, “True, indeed, the Card Reader Machine traces its paternity to the above Guidelines and Regulations. Regrettably, its probative pedestal in the vocabulary of electoral jurisprudence has generated conflicting interpretations from Their Lordships of the different Divisions of the Court of Appeal.”
Delivering the lead judgment, Justice Chima Centus Nweze held that, “With the intervention of this court, in its recent decision in Shinkafi v Yari (supra), it is hoped that practitioners and all other courts will begin to appreciate the position of the said Card Reader Machine, and the Reports generated there from, in election litigation.
“Prior to the authorisation of its use by the Guidelines and Manual (supra), the Electoral Act, 2010 (as amended), in sections 49 (1) and (2), had ordained an analogue procedure for the accreditation process. As a corollary to the procedure outline above, section 53(2) of the said Act (that is, the Electoral Act) enshrined the consequences for the breach, negation or violation of the sanctity of the actual poll sequel to the consummation of the accreditation procedure in section 49 (supra).
“With the advantage of hindsight, INEC, pursuant to its powers under the said Electoral Act, authorised the deployment of the said Card Readers. “Even with the introduction of the said device, that is the Card Reader Machine, the National Assembly, in its wisdom, did not deem it necessary to bowdlerise the said analogue procedure in section 49 from the Act so that the Card Reader procedure would be the sole determinant of a valid accreditation process.
“Contrariwise, from the Corrigendum No 2, made on March 28, 2015, amending paragraph 13(b) of the Approved Guidelines, it stands to reason that the Card Reader was meant to supplement the Voter’ Register and was never designed or intended to supplant, displace or supersede it.
“Indeed, since the Guidelines and Manual, which authorised the use and deployment of the electronic Card Reader Machine, were made in exercise of the powers conferred by the Electoral Act, the said Card Reader cannot, logically, depose or dethrone the Voters’ Register whose judicial roots are, firmly, embedded or entrenched in the selfsame Electoral Act from which it (the Voters’ Register) directly, derives its sustenance and currency.
“Thus, any attempt to invest it (the Card Reader Machine procedure) with such overreaching pre-eminence or superiority over the Voters’ Register is like converting an auxiliary procedure- into the dominant procedure- of proof, that is, proof of accreditation.
“This is a logical impossibility. Indeed, only recently, this court in Shinkafi vs Yari, confirmed the position that the Card Reader Machine has not supplanted the statement of results in appropriate forms; hence, the appellant still had the obligation to prove petition relating to accreditation of voters and over-voting as enunciated in several decisions of this court,” he added.
The apex court panel, while citing an example with the Ebonyi State gubernatorial dispute as an instance, noted that the Head of Unit, ICT Data Management at INEC headquarters, who testified as the PW-8 before the tribunal, explained that the Card Reader performed two roles, namely, the verification of the PVC, and the authentication of fingerprint.
It observed that the witness, who generated a Card Reader Machines Report for Ebonyi State Governorship Election, had admitted that it was not a complete report covering all the details of Polling Units in the state as some Polling Units were not uploaded and thus not included in the report.
The witness said the report she tendered before the tribunal represented data that were successfully uploaded before the chairman of INECgave an instruction for the server to be shut down. According to the Supreme Court, “Her trenchant responses, clearly, demonstrate that the Card Reader Machine Reports were neither inviolable nor sacrosanct as a host of intervening mischievous human variables could impinge on their reliability.
“Against the background of the testimonies of PW8, it is, actually, surprising, that learned counsel to the appellant chose not to utilise the Voter’ Register, to show the entire gamut of the voters, but rather built his case on what, in the unanswerable words of the lower court was an exhibit that was not accurate, sufficient and comprehensive enough to be relied upon in proof of the allegation of non-compliance with the Electoral Act, 2010, as amended.
“That is to say that the appellant (as Petitioner) failed to weave his case on the Voters ‘Registers and a fortiori did not produce such registers because if he had produced them, their contents would have been unfavourable to the allegations he made in the petition and hence his decision to withhold them.
“Thus, the appellant laboured in vain in the spirited attempt he made before this court to have the findings of the lower court vacated. He was, indeed, attempting the impossible given the anaemic evidence he adduced. In my view, the lower court, rightly, affirmed the findings of the trial tribunal in this regard”. Besides, the apex court held that the appellant, Edward Nkwegu Okereke, who was the candidate of the Labour Party during the April 11, 2015, governorship election in Ebonyi State, could not lay credible evidence to support his case against Governor Umahi of the Peoples Democratic Party.
The Supreme Court then ruled that the case of the petitioner failed owing to “irreparable damage of the testimony of witnesses” that testified for him at the lower tribunal, who it said were “thoroughly discredited in cross-examination”.
Aside the CJN, other members of the apex court panel that also agreed with the lead judgment were Justices Ibrahim Tanko Muhammad, Kumai Bayang Aka’ahs, Kudirat Kekere-Ekun, John Inyang Okoro and Amiru Sanusi.

Pls be informed that card reader was just one item in the numerous ground for nullifying Rivers guber poll,The SC just says 1/10 was a pass mark,I laugh in swahilli.Just Watch and see how APC will utilize this loophole in Rivers assembly Rerum,Wike n Co are already gittering and threatening INEC because they sat and Wrote Result in INec under gesila Khan n Passed.

Medicine after death

Declared winner of the April 11th State Assembly election for Portharcourt Constiteuncy 1 of the Rivers State House of Assembly Hon Victioria Wobo Nyeche has come under attack over her comments regarding the continuous stay in office of the 22 Caretaker Committee Chairmen appointed by Governor Nyesom Wike on 9th November 2015.
One of such is coming from Chris Itamunola, who cautioned Nyeche to be guided in her comments regarding the legality of the continuous stay in office of the Local Government CTC Chairmen.
Itamunola stated that it is either Victoria Nyeche is ignorant of the law or is being economical with the truth, because the eleven members of Rivers State House of Assembly can sit and take decisions since they are presently the composition of the assembly in the eye of the law.
Hon. Victoria Wobo Nyeche, had challenged the continued stay of Caretaker Committee Chairmen of Local Government Councils appointed by Gov. Wike. She insisted that since they were appointed on November 9, 2015 for a period of three months that they ceased to exist as CTC Chairmen of the 22 of the 23 LGAs since February 9, 2016. Arising from that, she has warned that any further act taken by the defunct CTC Chairmen is illegal and null and void.
But a political Analyst Mr Vincent said that Hon Nyeche lacks the powers to speak on anything that regards to the Rivers State House of Assembly because she has not been sworn in despite the order by the Court of APPEAL
It is not yet clear if Governor Nyesom Wike will dissolve the Caretaker Commitee Chairmen,but public opinions are of the views that the governor may be following the footsteps of his predeccessor who gave little or no regard to Judicial and legal sanctity

Rivers State Governor, Nyesom Wike,on Sundayvowed“armed robber’s treatment”would be meted on any official of the Independent National Electoral Commission (INEC) that may attempt to rig next month’s legislative rerun polls in the state.
The governor  spoke at a Thanksgiving service over his judicial victory at Saint Peter’s Anglican Church that attracted PDP leaders across the  country.
He said:“I am the executive  governor  of  Rivers State and a strong  one for that matter.  We will support INEC  to conduct  credible elections.
“However,  any official  who plans to rig will get the treatment  reserved  for armed robbers“.
He also said that the  Supreme Court’s  judgment on  his election restored the confidence  of  Nigerians  in  the Judiciary as it confirmed  the  will of  the  Rivers people.
Governor  Wike  noted that God  worked in his time by reversing what several persons thought was irreversible  with the previous  judgments  of the Election Tribunal and the Appeal Court.
He said:“Nothing  is impossible  with God. Men of God prophesied  a few days to the Supreme Court  that the  judgment  will confirm the  mandate given to us by the Rivers people.
“We won the  election  clearly as has been confirmed  by the  Supreme Court. If there was a rerun, I wouldn’t  have  contested  because  there would  have  been  bloodbath. I resolved not to be part  of  anything that  would bring  bloodbath.“
Wike  said that an evil plot  had been hatched to arrest him, detain him to discourage  Rivers people  before  the  Legislative elections  earlier  scheduled  for February 6.
According to him,  the political  powers were already  indiscriminately  arresting  PDP  members  and leaders across the state, preparatory to the  rerun elections.
Governor Wike stressed that if the Supreme Court  had nullified his election,  he wouldn’t  have  contested the  rerun  governorship election because  of  the evil plot to use security  forces to instigate loss of lives in the state.
He assured  the  people of  Rivers State that he will judiciously  use the mandate to advance  the  course of  development  in the state.
He noted that the failure  of the evil plotters means that Rivers people will return  all the Legislators whose elections  were nullified  by the Appeal Court.
Governor  Wike called for a comprehensive fight against corruption,  urging  support for the prosecution  for all those who stole Rivers money to sponsor  APC  National election  campaign.
He alleged that between  December 1 and 18 of 2014,  the former Rivers State Government used $150 million to fund the APC  elections.  He said that the State Government  will  recover all stolen  funds.
The governor  assured  the Rivers State APC Governorship Candidate, Dakuku Peterside that he will be accommodated in the process  of  developing  the  state.
He  added  that  Dakuku Peterside  is not  an orphan, saying that:“I will  be  a father to Dakuku Peterside. He is not an orphan“.
In his sermon,  Archbishop of Niger Delta Province,  Dr. Ignatius Kattey, said that the victory  of  Governor Wike at Supreme Court has brought  peace to the  state.  He called on the  governor to be father of  all the people of the state.
In attendance  were Governors Udom Emmanuel of Akwa Ibom State, Seriake Dickson  of Bayelsa State, Okezie Ikpeazu of Abia State  and the Deputy Governor of Ebonyi State.
Also present was the Former First Lady, Dame Patience Jonathan, former Rivers State  Governors Peter Odili and Celestine Omehia and National and State Legislators.

Ameachi employed 13,000 Workers in 2013/14,Wike wants to sack Workers,hmmmmm there is God ooooooooooo

amtaken:
Card reader is not even in the Nigerian Constitution.

Yea I know but they were part of INeC rules to make election credible

Consequencies of Supreme Court verdict


1.The Power of the PVC/Card Reader Has been Rendered Null & Void
2.Anyone Can win Election thro Thuggery,Rigging & Violence
3.Anyone Can Write result and submit to INEC and be declared Winner.
4.INEC guildelines n regulations are worthless
5.The Peoples will is of no consequence as the Supreme Court is now the Electorate

Just thinking aloud........

SUprewme Court I Hail una oooo,Nigerian we can sEe that U can win election by Rigging,voilence and thuggery,U can even even Write resultss and send to INEC since Card Readers are Useless

Iykopee:
Buhari crashing everytin in the country..

Product of miscalculated pregnancy

resty4:
@op if it vex u, die! Ameachi where r thou?

U are already Dead,product of miscalculated pregnancy Anuofia

The supreme Court Verdict Yesterday is likened to a notorious sinner Justified by God thro the Blood of Jesus.the world may still see him as a sinner but in Gods eye he's been washed and cleansed.All the same na God win


Just thinking aloud..
1. So the Card Reader introduction has been relegated to the background,so why use it if its non essential

2. So U can win election with Rigging, thuggery and Violence
American wonder ooooo

Rivers Tribunal @RiversTribunal 1m Judges return for judgement. Court is back in session. #RiversSupreme