₦airaland Forum

It is indeed a well-draw line of legal battle after the pronouncement/ruling of the tribunal as it relates to the nullification of the election which brought in Chief Nyesom Wike as the Governor of Rivers State. Quite alright that the battle has been on in the legal and political resolve of the Nigerian orientation. However, it is no longer suppose to be in our legal and political orientation and impression as the Election Tribunal in Rivers State has given it's judgement concerning the validity of Rivers Gubernatorial election. But as law will always create room for fair hearing, the issue of appeal and subsequent stay in office by the already stained hand Governor came into play after the Tribunal's pronouncement. The staying in office as governor inspite of the tribunal's nullification of election which brough the governor to the office is though not strange to me but quite annoying that real justice has to wait and provisions of Electoral Act has to be maneuvered once again by the opposers and the proposers. While I have thrown my weight behind the decision of the Election Tribunal, I have also condemn most legal icons interpretation of SECTION 143 of the Electoral Act 2010 which they have interpreted to be that the governor remains in office irrespective of the tribunals decision. Let's take a close look at section 143 sub 1 and 2 before making any hasty and one sided conclusion- Section 143(1)- if the election tribunal determines that a candidate returned as elected was not validly elected, then if notice of appeal is given within 21days from the date of the decision, the candidate shall nothwithstanding the contrary decision of the tribunal remain in office PENDING THR DETERMINATION OF THE APPEAL. Section 143(2)- if the election tribunal determines that a candidate returned as elected was not validly elected, the candidate returned as elected, shall nothwithstanding the contrary decision of the court, remain in office PENDING THE EXPIRATION OF 21DAYS WITHIN WHICH AN APPEAL MAY BE BROUGHT. From the above provision, it is understood that subsection 1 states that he remain in office pending the determination of the appeal but I was on the path of confusion when subsection 2 stated that pending the expiration of the period of 21days within which an appeal may be brought. The law is clear both in subsection 1 and 2 of section 143 of the Electoral Act that Chief Nyesom wike cannot remain in office for that long as envisaged by the press and his cohorts because he can only remain in office in the eyes of the law within 21days. Why? Subsection 1 provides the condition of notice of appeal been given within 21days and went further to state that he will remain in office pending when the appeal(notice) is determined. And 'determined' in this context means when the court has decided to act on the appeal. The very moment the appellate court sits, the voice of our holy temple, the tribunal must be obeyed as this is borne out of the notorious idom; 'obey before complain'. Secondly, subsection 2 of the same section stated conclusively and buttressingly that "...pending the expiration of the period of 21days within which an appeal is to be brought". This is quite like hitting the final nail on decades building of a house, since the law has made it clear that as soon as the 21days expire within which the appeal may be brought, the candidate seizes to be in office. My friend, come to think of it: 1. What is the essence of a court when it's decision cannot be respected for the time being it made a pronouncement? 2. When something is invalid from the start, do we continue in its invalidity by allowing such person in office still? 3. Don't you think that in the interest of the public and its safety, the governor should stay aside bbecause no one can tell what he can use this misinterpretation of the law to perpetrate while in office after conceiving the tribunal's judgement? NOTE: this is my opinion!!

Pdp will forever travail over apc jus calm down Mr wike

Thank you for this one......ur opinion is not in tandem with the law.

guess u didn't expect him to just leave office when the judge didn't say so.

I thought apc was a party to bring change..
Im yet to see that..
Change should not be a campaign slogan in rivers and akwa ibom..why?...the party is not just accepted over there..
In the south south apc is seen as a northern party with alliance with the west..
Ameachi is seen by his own people as a traitor..
THE JONATHAN LOSS AND THE FAXT THAT APC HAS NOT MADE ANY CHANGE EVEN MAKES IT WORSE FOR THEM..

Im from delta...and me and my family just detest the apc...

In legal parlance a matter is said to be determined when judgment is passed. it is not when the court assumes jurisdiction. Until the final appeal, Wike will remain in office. That is the law in line with etymology of the word "determined". For me, am in favour of instant effect of tribunal judgment, however, my view is personal not what the law says under Sec143 of the Electoral Act.

Allow the appeal and supreme courts to do the needful but in the interim,Nyesom Wike remains the Governor of River state.If you cant live with that then kindly explore the option of committing suicide.

What happens to the jurispudential principles called PRECEDENCE? We should not bring emotional matter which are not Law to bear on this issue. The tribunal has pronounced its decision and Wike has the right to appeal this case to as far as the Supreme Court in Nigeria and if his Fundamental Rights are breached to the African Court of Justice and or, to the World Court if need be since Nigeria are signatories. Precedence has being established long ago probably before you were born that a sitting official who loses at the Tribunal will remain in office until the case is disposed of at the Supreme through the Appeal Court.
What is expected of the tribunal with all the compromises being in the public domain, is to QUICKLY give all documents relating to its judgement to Wike and the PDP to appeal the judgement, failure to so do will mean that the complain of Mr Metuh of the PDP is true after all and the resultant effect is bringing the judiciary to public odium. Please my Broda keep your thought on S 143 (1) and (2) to yourself its not The Constitution of the Federal Republic of Nigeria 1999 as amended. Wike remains in office till the Supreme deliver its judgement. Don't drag us back to 15th century legal principles.

chukwudi44:
Allow the appeal and supreme courts to do the needful but in the interim,Nyesom Wike remains the Governor of River state.If you cant live with that then kindly explore the option of committing suicide.

What has the supreme court got to do with election related matters again.

According to the Electoral Act as Amended, the wike matter will end at the Appeal court.

Stop disgracing yourself.

franchizy:
What has the supreme court got to do with election related matters again.

According to the Electoral Act as Amended, the wike matter will end at the Appeal court.

Stop disgracing yourself.

If you understand the electoral act and the constitution as amended, you will not ask this question.

"Determined" means when the appeal is decided, not when it is heard.

You are the one that misinterpreted the statute.

If Wike files an appeal within 21 days, he remains in office until the appeal panels judgement on the matter.

Check the case of Sullivan Chime in his first tenure.

chukwudi44:
Allow the appeal and supreme courts to do the needful but in the interim,Nyesom Wike remains the Governor of River state.If you cant live with that then kindly explore the option of committing suicide.

correct man chukwudi44 anyway winter is fast approaching I miss the warm weather in biafraland

franchizy:
What has the supreme court got to do with election related matters again.

According to the Electoral Act as Amended, the wike matter will end at the Appeal court.

Stop disgracing yourself.

You are the one disgracing yourself,Gubernatorial election appeals now end at the supreme court.Fayose,Aregbesola and even Ambode's elections were decided by the supreme court.

All these write up are full of illusions and so they are hallucination. The Constitution of Nigeria is supreme Wike remains governor. Rivers is Pdp state and so APC will lose badly in any rerun election