By Ikechukwu Nnochiri

ABUJA—Governor Nyesom Wike of Rivers State, has failed to persuade the Rivers State Governorship Election Petition Tribunal sitting in Abuja to discontinue further hearing on the petition against him by the All Progressives Congress, APC, and its candidate in the April 11, 2015, governorship election in the state, Dr. Dakuku Peterside.

Nyesom Wike

The Justice Muazu Pindiga-led tribunal in its ruling, dismissed separate preliminary objections challenging its jurisdiction to hear and determine the petition outside Rivers State.

Though the Independent National Electoral Commission, INEC, first challenged  the constitutionality of the tribunal sitting in Abuja,  both Wike and his party, the Peoples Democratic Party, PDP, also filed their objections.

Arguing through its lawyer, Dr. Onyechi Ikpeazu, SAN, INEC maintained that the action of the tribunal in relocating its sitting to Abuja was in gross violation of section 285(2) of the 1999 constitution, as amended.

It contended that going by the aforementioned section of the constitution under which the tribunal was established, “a tribunal sitting in Abuja cannot qualify as a tribunal established in Rivers State.”

INEC also argued that the President of the Court of Appeal, Justice Zainab Bulkachuwa, lacked the powers to voluntarily relocate the tribunal to Abuja when a state of emergency  has not been declared in Rivers State.

Both Governor Wike and the PDP supported the position of INEC, arguing that in line with the provisions of the constitution, the proceedings of the tribunal in Abuja amounted to nullity.

Wike further contended that Peterside was not validly nominated by the APC to contest the Rivers State governorship election.

He argued that  under section 85(1) of the Electoral Act, as amended, the APC ought to have given INEC 21 days notice before it held the primary election that produced Peterside as its candidate.

However, the petitioners (APC and Peterside), prayed the tribunal to dismiss all the preliminary objections for want of merit.

Counsel to the petitioners, Chief Akinlolu Olujunmi, SAN, maintained that the tribunal was legally empowered to sit in Abuja.

Delivering ruling on the matter, the Justice Pindga-led panel held that its sitting in Abuja has legal validity.

Dismissing the objections to its jurisdiction as grossly lacking in merit and substance, the tribunal, said it has not violated any provision of the law since the relocation to Abuja was based on security reasons.