Rivers Election: INEC Faults Tribunal’s Judgment.

The Independent National Electoral Commission (INEC) has asked the Court of Appeal, Abuja to set aside the judgment of the election petition tribunal which annulled the governorship election in Rivers state.

In an appeal dated November 4, 2015 the commission asked the court to set aside the judgment of the tribunal, This Day reports.
INEC raised a 12-grounds appeal, challenging the entirety of the tribunal’s judgment.

In the appeal filed on behalf of INEC by her counsel, Dr. Onyechi Ikpeazu (SAN), the electoral body sought “an order allowing the appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit.”

According to the commission, the tribunal erred on many grounds such as when it failed to evaluate the evidence of each of the witness called by the petitioners before reaching its decision and using the testimonies of witnesses who were not at polling stations to nullify the Rivers governorship election.

It also erred when  it failed  to indicate  that the  petitioners  failed to  prove  their case on a polling unit by polling  unit  basis as required  by law and failed to demonstrate  the  reasons  why it rejected  the  evidences  professed by witnesses  of INEC,  PDP  and Governor Nyesom Wike.

INEC in her appeal stated: “The tribunal was obligated to making findings as to where elections were said to have held on the one part and where they were alleged not to have held on the other part.

“Evidence of reports at an election by persons who did not make them and who did not observe the proceedings, the subject matter of the reports cannot be substitute for evidence of witnesses in the polling units of Rivers State.

“Exhibits A303-A305, A307 and A2 are documentary hearsay which ought not to be relied upon as proof of the allegations of non-conduct and improper conduct of election in the polling units in Rivers State.”

The electoral body accused the tribunal of disregarding Section 49 (1) and (2) of the Electoral Act 2010 as amended which is a statutory provision binding on it.

The INEC further stated that the decision of the Supreme Court and Court of Appeal on the law, were duly cited to the tribunal, but it ignored same.

The election petition tribunal sitting in Abuja and headed by Justice Suleiman Ambrosa on Saturday, October 24 nullified the April 11, 2015 election that produced Wike as governor of Rivers state.

Wike, in a notice of appeal dated November 3, and filed by his lawyer, Emmanuel Ukala (SAN), asked the Court of Appeal in Abuja to set aside the judgment of the tribunal which nullified the April 11, 2015 governorship election.

In reaction, the All Progressives Congress in Rivers state said it is not bothered about Wike’s decision to appeal the ruling of the tribunal and it was ready to meet the Peoples Democratic Party (PDP) in court.

Source: ThisDay