Rivers gov poll: INEC appeals tribunal judgment

The Independent National Electoral Commission, INEC, yesterday, went before the Abuja division of the Court of Appeal to challenge the nullification of the governorship election it conducted in Rivers State on April 11, 2015.
The electoral body, in the appeal it lodged through its lead counsel, Dr. Onyechi Ikpeazu, SAN, is praying the appellate court to  set aside the judgment of the Rivers State Governorship Election Petition Tribunal that on October 24, voided the election of Governor Nyesom Wike.

In its notice of appeal dated November 4, 2015, INEC insisted that the governorship election that produced Wike was conducted in total compliance to the Electoral Act, as amended.
It told the appellate court that the Justice Suleiman Ambrosa-led panel, erred in law when it refused to dismiss the petition that was filed against the governorship election by the All Progressives Congress, APC, and its candidate at the poll, Dr. Dakuku Peterside.
In its 12 grounds of appeal, INEC prayed the appellate court to among other reliefs, “make an order allowing the appeal, an order setting aside the decision of the tribunal and an order dismissing the petition as lacking in merit.“
INEC maintained that the panel erred in law when it failed to evaluate the evidence of each of the witnesses that were called before it by the petitioners before reaching its final decision to nullify the outcome of the governorship election.
According to the electoral body, “The tribunal was obligated to make 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.”
It told the appellate court that the tribunal erred in law 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.
It was further the position of INEC that the tribunal erred when it used the testimonies of witnesses who were not at polling stations to nullify the Rivers governorship election.
It said: “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.”

Source; Vanguard...