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Rivers Guber: Set Aside Tribunal Judgement, Wike, INEC Urge Court
The Rivers State Governor, Chief Nyesom Wike, has filed an appeal at the Abuja Division of the Court of Appeal, asking the court to set aside the judgment of the Rivers State Governorship Election Petitions Tribunal, which nullified his election on October 24, 2015.
In a notice of appeal dated November 3, 2015, and filed same day by his lawyer, Emmanuel Ukala (SAN), the governor raised 26 grounds of appeal upon which he sought to set aside the tribunal judgment.
The governor is challenging the entire judgment.
He joined the All Progressives Congress (APC) and its governorship candidate in Rivers State, Dr. Dakuku Peterside, and the Independent National Electoral Commission (INEC), and the Peoples’ Democratic Party (PDP), as respondents.
He asked the court to allow the appeal and to make an order setting aside the judgment/decision of the Rivers State Governorship Election Petitions Tribunal.
He further urged the Court of Appeal to make an “order striking out or dismissing the petition filed on May 3, 2015 by Peterside and the APC.”
The governor in his notice of appeal stated: “Take notice that the appellant being dissatisfied with the decision of the Governorship Election Petitions Tribunal for Rivers State sitting in Abuja, contained in the judgment of the tribunal led by Justice Suleiman Ambrosa (chairman), Justice Wesley Ibrahim Leha (member) and Hon. Justice Bayo Taiwo (member ) sitting in Court No. 23 of the FCT High Court dated October 24, 2015, doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3, and will at the hearing, seek the reliefs set out in paragraph 4.”
Wike, among other grounds, noted that the tribunal erred in law when it relied on hearsay and inadmissible evidence to nullify his election.
He added that the finding and conclusion of the tribunal was not supported by evidence before the court.
The governor stated in his notice of appeal: “The Governorship Election Petitions Tribunal for Rivers State erred in law when it refused to follow the decision of the Supreme Court in the case of Kakih vs PDP (2014) 5 NWLR which was duly cited to it to the effect that a party who makes non-voting or misconduct of an election the pivot of his case must call at least one disenfranchised voter from each of the polling booths or units or stations in the constituency.”
Wike also faulted the tribunal’s decision nullifying his election on the basis of card reader accreditation even though the Electoral Act recognised manual accreditation.
According to him, the proof of accreditation of voters under the law is by the production of the register of voters bearing the indications of the presiding officer as to the persons accredited to vote and not by card reader report.
The governor said: “The tribunal wrongly neglected, failed and refused to abide by and follow the binding decision of the Court of Appeal in APC vs Olujimi Agbaje : Appeal No: CA/L/EP/GOV./751A/2015 (unreported ) delivered on 26th August, which was duly cited to it and thereby came to a wrong conclusion.”
He added that the petitioners at the tribunal failed to disclose any reasonable cause of action against the respondents and the tribunal failed to conduct a pre-trial conference after the removal of the first chairman, hence the tribunal erred in its judgment.
The governor stated: “The tribunal wrongly countenanced the testimony of delegates of subpoenaed witnesses which basically constitutes an indirect alteration of or addition to the statement of facts of the petition without the leave of the court. The testimonies of these witnesses run counter to the pleaded case of the petitioners and contradict the rest of the evidence of the petitioners’ witnesses in several material particulars.”
Similarly, the Independent National Electoral Commission (INEC), has also filed an appeal against the judgment of the Rivers State Governorship Election Petitions Tribunal nullifying the election of Governor Nyesom Wike.
The electoral body filed her appeal dated 4th of November, 2015, at the Court of Appeal, Abuja Judicial Division on 5th November, 2015.
In a 12-ground appeal filed on behalf of INEC by her counsel, Dr Onyechi Ikpeazu, SAN, the electoral body challenged the entirety of the tribunal’s judgment.
The reliefs sought by INEC in her appeal include: “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 INEC, the learned justices of the tribunal erred in law when it failed to evaluate the evidence of each of the witnesses called by the petitioners before reaching its decision.
INEC stated that: “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”.
The electoral body further stated that the tribunal erred when it resorted to generic declaration like “many instances”, when the justices were obligated to specify where the evidence elicited under cross examination enhanced the case of the first and second respondents.
The INEC further stated that the tribunal erred when it used the testimonies of witnesses who were not at polling stations to nullify the Rivers State governorship election.
INEC, in her appeal, stated that: “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”.
INEC stated that the tribunal disregarded Section 49 (1) and (2) of the Electoral Act 2010 as amended, which is a statutory provision binding on it, and further added that the decision of the Supreme Court and Court of Appeal on the law, were duly cited to the tribunal, but it ignored same.
According to INEC, there was no due evaluation of the 56 witnesses called by the petitioners, pointing out that the witnesses who testified did not link their testimonies to the documents tendered.
INEC added that the tribunal erred in law 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.
The electoral body added that the tribunal erred when it failed to demonstrate the reasons why it rejected the evidences professed by witnesses of INEC, PDP and Wike.
The Port Harcourt Boat Club 1947 has elected new officers to pilot its affairs.
An elder statesman and staunch supporter of Governor Siminalayi Fubara, Sir Kingsley Fubara Hart emerged the club’s Secretary.
Sir Hart’s emergence followed an election conducted by the electoral committee over the weekend which threw up new officials to pilot its affairs at its corporate headquarters in Port Harcourt.
The election which was adjudged one of the most credible, fairest and freest elections in the annals of the Port Harcourt Boat Club 1947, saw the emergence of Dan Harrison as Chairman.
Other members elected to run the activities of the body are Chief Coker Jimmy, Dr Oma Awoh, Chief Bib- Manuel Afonya, Dawari Dingo, Dango Kala- Otaji, Bara Alagoma and Dago George.
Recall that Port Harcourt Boat Club 1947 was founded by the former Military Governor of old Rivers State, King Alfred Diete-Spiff.
Many years after its inception, the club is still waxing strong with notable personalities as members.
Former Secretary to the Rivers State Government, Chief AbiyeSekibo is also a prominent member of the club.
The elected officials including Sir Kingsley Fubara Hart were subsequently sworn in, signalling a new chapter for the revered group of bigwigs in the oil- rich region.
With the likes of an elder statesman, Sir Kingsley Fubara Hart on board, the narrative has changed for Port Harcourt Boat Club 1947 as expectations are high.
The newly elected boat Secretary, Sir Fubara Hart promised to work assiduously with the chairman and other members to chart a new course for the esteemed club.
He said efforts are in top gear to enroll new members who will contribute their quota to the advancement of the club.
Sir Hart described his emergence as an act of God, promising to support the new leadership to achieve the desired objective.
He hinted that the core values of the club would be upheld with vigour, saying working in synergy with the principles laid down by its founders remains their watchword.
He said the rules and regulations of the club shall be sustained in the interest of the club and every legitimate member.
The Akpajo Clan in Eleme Local Government Area was recently agog with activities following the coronation of HRH Emere Sunday Obo as the Oneh Eta Akpajo XII/paramount ruler of Akpajo clan in Eleme Local Government Area of Rivers State.
Emere Obo was crowned by the traditional staff bearer of the clan, Chief Joseph Goka on behalf of the land priests at the community square.
Before his coronation, the new King was an acting traditional ruler of the community since the death of his predecessor, Emere Friedrich on the 11th of January, 2023.
He was also a member of the late King’s Council of Chiefs and member of Nchia and Eleme Council of Chiefs respectively.
Speaking with newsmen shortly after his coronation,the new Akpajo monarch said his reign will usher in peace and prosperity to the Kingdom.
He said he intends to work together with the government and companies operating in the Kingdom to attract development to Akpajo clan.
According to the monarch, he will always seek the advice of his elders and other clansmen before taking any decisions.
“I have promised them that I cannot use my authority to do anything without hearing from them first,” he said.
Emere Obo also stressed the need for the youths in the area to toe the path of peace, adding that as a traditional ruler, his responsibility is to ensure that Akpajo clan remains peaceful.
He also assured the government of support and praised both past and current administrations in the State for siting projects in the community.
Also speaking , the traditional staff bearer of the clan, Chief Joseph Goka said Emere Obo’s installation was in line with the customs and traditions of Akpajo Kingdom.
He also told newsmen that the king makers have not received any protest from any quarters concerning the installation since the process started months ago.
Chief Goka equally said his crowning of the monarch was based on instructions from the clan’s land priests and expressed optimism that Emere Obo is capable of representing the clan Traditionally and other wise.
Chief Goka described Emere Obo as trustworthy and law-abiding, adding that having worked with the late traditional ruler, Emere Obo has a full knowledge of the customs and traditions of not only Akpajo clan but the entire Eleme Kingdom.
He assured the new monarch of the support of the people of Akpajo and the entire traditional institution in the area.
Also speaking, one of the community’s land priests, Levy Kattey Jumaa said the installation of the new Akpajo monarch was in line with the customs and traditions of Akpajo and Eleme kingdom.
According to him, the new King has all the qualities expected from a chief in Eleme land, stressing that Emere Obo was only ascending the throne of his fathers having come from the royal family of Akpajo Kingdom.
He urged the public to disregard any insinuations concerning the installation, ”if at all there is any,” adding that it is only the land priests families that talk about kingship installations in Akpajo and Eleme and no other persons outside the land priests families can do that.
By: John Bibor
If urgent steps are not taken by concerned authorities, the Awo Idemili community in Orsu Local Government Area of Imo State may become a ghost town, due to incessant killings, arson and kidnapping of residents by some alleged criminal elements suspected to be members of the Indigenous People of Biafra ( IPOB).
The Tide’s sourc learnt that a certain family, the Emenikes, said the only possible solution to save the lives of the family members and that of others was to seek protection in a foreign land.
According to sources, one of the family members, Mr Peter Emenike was adbucted and murdered in a gruesome manner by people believed to be members of the IPOB recently.
It was further learnt that Peter Emenike, now deceased, was the Personal Assistant to the Imo State Commissioner for Chieftaincy and Traditional Matters and was never a member of any secret organisation as to warrant the fate that befell him.
His only offence as further gathered, was an alleged intelligence leaked to the Imo Government which the IPOB framed up in order to get him and his family members nailed.
It also learnt on a good authority that Peter Emenike’s lifeless body alongside that of his wife was found at their residence in Awo – Idemili, Imo State on 14th November, 2024 .
It was also reported that few days later, some family members of the Emenike family were declared missing and as one of them was found dead by a bush path, while others were still held hostage as at when this report was filed.
The Tide’s source claimed that a letter purportedly written by the IPOB members was delivered and dropped inside the car of the deceased bearing the insignia of the IPOB with the inscription: ‘None of your family members can hide for long’.
Unconfirmed report has it that the family, out of fear could not immediately report the matter to the Imo State Police Command as the group is believed to possess some spiritual powers to identify their perceived enemies from afar.
The family members of the deceased including oneMr Daniel Emenike, Boniface Emenike , Paul Emenike and others are now under serious threat by the separatist group (IPOB), thus the urgent need for protection especially in a foreign land.
A security analyst who pleaded anolmity, warned that the assassination of Peter Emenike and the serial killings and abduction of his family members stood as a signal to a new phase of IPOB’s operations .
“ This is not an attack on one family , but on the nation and our collective safety . The government must act swiftly not just to rescue the family but to reaffirm their stance on zero tolerance to terrorism “ he said .
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