The Rivers State Governorship Election Petition Tribunal sitting in Abuja yesterday threw out the motion of Governor Nyesome Wike challenging the power of the tribunal to sit in Abuja instead of Port Harcourt. The tribunal headed by Justice Muazu Pindiga ruled that the motion by Wike and the Peoples Democratic Party (PDP) lacked merit and substance.
Wike and PDP had filed an application challenging the powers of the President of the Court of Appeal to allow the tribunal to sit in Abuja instead of the state where the election in dispute was conducted. They claimed that the sitting of the tribunal in Abuja was in breach of section 285 (2) of the 1999 Constitution and provisions of the Electoral Act 2010. In the motion argued through their counsel, Godwin Obla (SAN), the applicants asked the tribunal to relocate to Port Harcourt in compliance with provisions of section 258. However, in his ruling, Justice Pindiga held that the tribunal has not violated any provision of the law since the relocation to Abuja was based on security reasons.
The tribunal disagreed with the claim of the governor on proximity and accessibility as the two major factors that ought to have determined the venue of the sitting. Pindiga added that proximity and accessibility cannot be determined in the absence of security of the tribunal members and litigants. He held that the President of the Appeal Court acted within the ambit of the law, which he said, laid emphasis on conducive atmosphere for the tribunal to hold proceedings.
The All Progressive Congress (APC) governorship candidate in the last gubernatorial election, Dr. Dakuku Peterside, had dragged Governor Wike and the PDP before the tribunal challenging his declaration as the elected governor. Peterside, who joined the Independent National Electoral Commission (INEC) as a co-defendant, alleged that the election was marred with irregularities, fraud, violence and malpractices. He then sought for the cancellation of the poll for a fresh one to be conducted by INEC.
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