Tribunal okays Peterside’s request to inspect poll materials

The Rivers State Governorship Election Petition Tribunal sitting in Abuja on Thursday reaffirmed its ex parte order made on June 11, 2015, granting permission to the All Progressives Congress and its candidate in the April 11, 2015 governorship election in the state, Dr. Dakuku Peterside, to inspect the electoral materials used for the poll.
Peterside and the APC had on May 3, 2015, filed their petition before the tribunal to
challenge the victory of the Peoples Democratic Party and its candidate, Nyemson Wike,
in the poll.
The Justice Mu’azu Pindiga-led tribunal, in a ruling on Thursday, dismissed Wike’s
application asking for
the setting aside of the June 11, 2015 order.
Wike had argued that the tribunal’s order was wrongly made and asked that the tribunal
could alternatively allow its agent to participate in the inspection to be undertaken by
the petitioners.
He also asked the tribunal to vary the order in such a manner that the petitioners would
not be allowed to make copies of some of the materials.
The PDP supported Wike’s application, while the Independent National Electoral
Commission said it would await the outcome of the application to decide whether or
not to obey the order for inspection.
Ruling on Thursday, Justice Pindiga rejected Wike’s application on the grounds that it
lacked merit.
The judge noted that the order made on June 11 was in accordance with the provision
of Section 151 of the Electoral Act and was directed at INEC, and not Wike.
The judge ruled, “There is the need for us to clarify the order we made on June 11. The
order was made against INEC to allow the petitioners access, inspect and obtain the
certified true copies of election materials in respect of the governorship election in the
state.
“The order was made in accordance with the provision of Section 151 of the Electoral
Act. The order still stands.”
He adjourned till July 22 for the commencement of the pre-hearing session in the
petition.
During the hearing of Wike’s application on July 6, 2015, Peterside and the APC had
accused the Independent National Electoral Commission of frustrating their bid to
inspect the electoral materials used for the poll.
The petitioners’ lawyer, Akin Olujinmi (SAN) told the tribunal that INEC had continued to
refuse his clients’ agents to inspect the election materials, a development which he
described as a manifestation of an alliance between INEC, Wike and the PDP to
frustrate the hearing of the petition.
But INEC, Wike and PDP, while justifying the refusal of INEC to allow the petitioners to
inspect the electoral materials, argued that it would have been wrong for the electoral
umpire to allow the inspection when Wike’s applications challenging the tribunal’s
jurisdiction and the propriety of the June 11 order, were pending.
Olujinmi, in a counter-argument to Wike’s application, urged the tribunal to, among
others, urged the tribunal to dismiss the application on the grounds that the order
allowing the inspection of the electoral materials was not directed at him (Wike), but at
INEC.
He said, “We have shown that INEC has not objected to the tribunal’s order and today,
they have confessed before the tribunal that they disobeyed the order for inspection
because the 2nd respondent (Wike) filed a motion seeking the setting aside of the
order.
“Even the order for inspection was obtained and directed at INEC, but INEC has not
formally complained to the tribunal with regard to that order. But they chose, on their
own, to decide not to obey the order. This again shows the Shenanigan underlying this
application to set aside the order for inspection.
“It is designed to legalise the conspiracy between the 1st and 2nd respondents (INEC
and Wike) to frustrate the tribunal’s order. The law is that if the court is told that the
order it made is being disparaged, dishonoured, disobeyed and disrespected, the court
has a duty to take firm and decisive steps to ensure the order is obeyed.”
He also said Wike’s opposition to the tribunal’s order was fraught with contradiction as
he (Wike), in one breath, argued that the order for the inspection poses threat to
national security, he on the other hand, urged the tribunal to allow his agents participate
in the inspection.
Olujinmi urged the tribunal to disregard Wike’s prayers on the ground that it acted within
its powers under Section 151 of the Electoral Act, which empowered it to order INEC to
allow any party to election petition to inspect materials used during the election being
challenged.

Via Punch