DAKUKU FLOORS WIKE AGAIN AT THE APPEAL COURT. AS APPEAL COURT NULLIFIES THE ELECTION AND ORDERS A RERUN WITHIN 90 DAYS.
APPEAL COURT JUDGMENT
ISSUE by ISSUE.
Issue 1. The appellant was giving due right of fair hearing.
Issue 2. That the tribunal had the jurisdiction to sit and hear the matter anywhere in Nigeria. Also resolved in our favour.
Issue 3. (Locus Standi of DAP) also resolved in his favour.
Issue 4. (The legality or otherwise on the change of the chairman of the tribunal)
The Appeal Court President has the power to change or re-appoint anybody to head any Election Petitions tribunals.
Issue 5. The Court further held on the DOCUMENTARY EVIDENCE tendered by the APC.
The appellant (Wike) front loaded forms without witnesses to speak life into the documents.
But the evidences of PW 41,42,43, 49, 54 are in full support of the petitioners petitions.
Therefore the issue of documents presentattions is in favour of the respondent (APC) and ruled that all documentary evidence tendered by Apc were credible hence admissible n ruled in favor of APC
Issue 6. (Card reader)
The essence of card reader is to make the elections more transparent and credible.
INEC has the power to make law to make it function effectively and efficiently.
Therefore the power of INEC to re arrange its rules to help conduct one man one vote is sacrosanct.
The court further held thus ;
"I have juxtasposed the provisions of Section 49 of the Electoral Act and the provisions of the Approved Guidelines, Manuals and Regulations of the INEC, and I see no conflict between them".
I don't see any conflict with the decisions of INEC and manual of INEC pursuant to 2015 gubernatorial elections
It is to attain double assurance of the owner of the presented PVC.
To make the voter to exercise his or her right to vote.
The section cited by the appellant is grousely misplaced.
There was never any electronic voting.
To help forestall double voting.
The introduction of card reader is situated inside the electoral act.
The petitioner in the ept showed that the 2nd respondent tried to manipulate the card reader to his favour.
And the secretary re emphasized on this guidelines.
Rivers state INEC totally failed to comply with INEC guidelines.
Therefore the ground of appeal is against the appellant,in favour of the respondent (APC).
The finding of EPT was the true situations during the elections in Rivers state.
The issue number 7 is resolved in favour of the respondent.
Therefore the findings of EPT a d their judgment stands.
INEC is hereby ordered to conduct a fresh within 90 days of this judgement.
All judges agrees to the judgement delivered.
