It is now confirmed that there is a grand conspiracy between the so-called Independent Electoral Commission, INEC and some Judges to frustrate the petitions of the APC in Rivers state at its embryo stage.
While the party is still grappling with the seeming partiality of Justice Lambo Akanbi of the Federal High Court in Port Harcourt which deliberately denied the 22 elected Local Government Chairmen the right to fair hearing in a matter brought before it by the PDP against the Rivers State Independent Electoral Commission, RSIEC; another panel of Judges presiding over the NASS election petition tribunals moved again on an accident bound expedition in a bid to create it’s own laws outside the Electoral Act 2011 to deny Dr. Dawari George and Mr. Lucky Odili right to fair hearing in their petitions against INEC and the PDP.
The panel had after several applications filed by the PDP to frustrate the suit at the early stage, decided to strike out the suits on grounds of technicalities.
Reason cited by the tribunal is based on section 85(1) of the Electoral Act 2011 which states that political parties shall give 21 days notice to INEC before their primaries are held to choose their candidates, an ACT which the APC did not comply with.
Incidentally, the Electoral Act 2011 under this section DID NOT stipulate any PUNISHMENT for flouting the said Act.
Rather than hear the matter on its merits as WARNED by the Chief Justice of the Federation, the Judges decided to introduce their own punishment which is to strike out the matter.
For the avoidance of doubt, the Tribunals are charged with ONLY election matters and not for pre-election matters which are the duties of the regular courts.
This obvious travesty of justice negates the principle of the Rule of Law which is borne out of the MERITS of a case and not mere technicalities which is a negation of merits in election matters specifically.
Sincerely, there is going to be a repeat of history in Rivers State as was the case in 2007 when the Appeal Court in Amaechi vs Omehia, severally turned down the appeals of Amaechi based on technical grounds and the Supreme Court ordered twice that the lower court MUST hear the matter on its merit.
Though it was justice sought on a high price as Amaechi had to pay higher fees to the legal team each time the matter appeared at the Supreme Court, in the end, justice was done and seen to be done.
While the APC has filed an appeal against the tribunal ruling, the PDP is agog on the delusion that all APC candidates including their nightmare, Dakuku Peterside will lose out in their subsequent petitions. What premature celebration of victory occasioned by fear of the truth on the shambolic elections in Rivers state.
This cannot be an escape route for Wike and his followers.
This is the era when SANITY shall overrule IMPUNITY at all cost.
The die is now cast!
Oby Ndukwe is the Publisher of THE BEAM MAGAZINE
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