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Wike urges tribunal to dismiss Peterside’s petition

Wike urges tribunal to dismiss Peterside’s petition
October 22
20:14 2015

Nyesom Wike, governor of Rivers state, has urged the governorship election petition tribunal sitting in Abuja, to dismiss the petition filed by Dakuku Peterside, candidate of the All Progressive Congress (APC) in the April 11 election.

APC had approached the three-man panel to nullify the election of  Wike.

The petitioners are seeking the nullification of the poll on the ground that the election was marred by irregularities and fraudulent practices.

They are also arguing that the election as conducted by the Independent National Electoral Commission (INEC) was not done in line with the electoral law.

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But Emmanuel Ukala, counsel to Wike, told the tribunal during his address on Thursday that Peterside was not qualified to contest the April 11 election.

He said Peterside’s nomination contradicted the provision of section 85 (1) of the electoral act, which is critical to the nomination of a candidate vying for election.

Ukala said the nomination of the APC candidate was not in line with the 21 days mandatory notification of the electoral act to notify INEC of its candidate before the election.

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Ukala said having fall short of time, Peterside’s nomination was illegal.

He added that out of the 5,792 forms available for the conduct of election, the APC and its candidate only tendered about 3000, which was contrary to the provision of the law.

Wole Olanipekun, one of the counsels to the PDP, who adopted the party’s final written address before the tribunal, also called for the dismissal of the petition.

According to Olanipekun, the petition lacked merit and substance and the petitioner had failed to prove the allegations against the conduct of the election.

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He pointed out that the petitioners had alleged several cases of violence and abduction of voters, which they failed to lead in the direction, or call enough witness to prove their claims.

Olanipekun argued that the petition was incompetent, while the tribunal had no jurisdiction to amend it.

In his address, counsel to the Independent National Electoral Commission (INEC), Onyechi Ikpeazu urged the tribunal to dismiss the petition.

According to Ikpeazu, the burden of proof rests with the petitioners who failed to discharge same before the tribunal.

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Ikpeazu said the few witnesses like the soldiers, mobile policemen and DSS operatives, whom the petitioners called, were not voters who could give actual account of what happened at the polling units.

In his submission, counsel to the APC and its candidate, Akinlolu Olujimi, urged the tribunal to grant his petition, saying the burden of proof also rests with the respondents.

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He said though the card readers did not replace the voters’ registers, they were vital to credible accreditation.

Olujimi urged the tribunal not to consider the election as free and fair as being raised by the respondents.

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