Rivers: Supreme Court Dismisses Appeal By Wike, PDP

The Supreme Court has dismissed the appeal filed by
Rivers State Governor Nyesom Wike and his party, the
Peoples Democratic Party (PDP), against the relocation of
the state governorship election tribunal to Abuja.
The apex court, in a unanimous judgment yesterday, held
that the appeal “lacked merit and substance”.
The court dismissed it “in its entirety”.

Justice Amiru Sanusi, who read the judgment on the
interlocutory appeal, upheld the earlier decisions by the
tribunal and the Court of Appeal, to the effect that the
relocation of the tribunal to Abuja from Port-Harcourt, was
in order having been informed by security challenges.
The tribunal last Saturday nullified Wike’s election in its
judgment in the petition by the All Progressives Congress
(APC) and its candidate, Dakuku Peterside.
Justice Sanusi held that evidence abound that there were
security challenges in Rivers State as at when the tribunal
was relocated to Abuja.
He said the court was not bound by an earlier decision in
the case involving former Delta State Governor James Ibori
to the effect that tribunals must seat in a state where
election was held to determine dispute from such election.
The judge said the Ibori case was not binding where the
relocation was effected by the tribunal’s constituting
authority the President of the Court of Appeal and the
relocation informed by security challenges.
Justice Sanusi observed that in the Ibori case, the
relocation of the tribunal was not by the President of the
Court of Appeal, and that the relocation was not on ground
of insecurity.
“But in the instant case, it was the President of the Court
of Appeal that relocated the tribunal to Abuja because of
insecurity.
“It was this situation that demanded for a doctrine of
necessity which made the President of the Court of Appeal
to relocate the tribunal to Abuja to protect the lives of the
members of the panel.
“I agree with the Court of Appeal that the President of the
Court of Appeal is right in relocating the panel to Abuja.
“On the whole, I hold that the tribunal was properly
constituted by the President of the Court of Appeal even
without consultation with the Chief Judge of Rivers State
or the President of the Customary Court , even though, as
at then, there was no chief judge, and there was no
President of the Customary Court.
“The consultation here is not as to the venue of the sitting,
but to get judges in Rivers State that will be part of the
various election petition tribunals.
“It is necessary to protect members of the panel by
relocating them from the theatre of war to where their lives
will be secured. The President of the Court of Appeal has
the power and has judiciously utilised the power.
“The panel is properly constituted and it is not bereft of
jurisdiction to hear the petition of the petitioners. The
appeal lacks merit, and it is hereby dismissed,” Justice
Sanusi said.
The Rivers tribunal was one of the tribunals relocated to
Abuja on security ground following its inability to conduct
its proceedings in Port-Harcourt, Rivers State capital.
Others are those of Akwa Ibom, Yobe, Borno, Admawa and
Taraba states.
Uncomfortable with the tribunal’s movement to Abuja,
Wike and PDP objected to its sitting in Abuja, relying on
the Supreme Court’s decision in the Ibori case.
The tribunal dismissed the objection to its jurisdiction to
hear the petition in Abuja. It held that it could sit outside
the state where election was held to decide any dispute
arising from such election where security was a challenge.
The Court of Appeal, Abuja upheld the tribunal’s decision
as it relates to its jurisdiction to sit in Abuja, following
which Wike and his party appealed to the Supreme Court.
A panel of the Supreme Court led by Justice John Fabiyi,
heard the Appeal by Wike on October 16 and fixed
judgment for yesterday.