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| Controversial Rivers REC Dame Gesilah Khan |
•Condemns dismissal of Dawari and Odili’s cases on technical grounds
The All Progressives Congress (APC) in Rivers State has alleged a
grand conspiracy between the Independent Electoral Commission (INEC)
and some judges to frustrate the party’s petitions brought before the
tribunals in respect of the March 28 and April 11 general elections in
the State.
The party made the allegation following the shocking ruling
on Tuesday by the National Assembly Election Petition Tribunal in the
matters of Dr. Dawari George and Mr. Lucky Odili of
Asari-Toru/Akuku-Toru Federal Constituency and Ogba/Egbema/Ndoni
Federal Constituency respectively. Both men had filed petitions
challenging the victory of Hon. Boma Goodhead of Asari-Toru/Akuku-Toru
Federal Constituency and Prince Nnam Obi of Ogba/Egbema/Ndoni Federal
Constituency. The Tribunal surprisingly dismissed the petitions on the
grounds that APC’s revised notice for the conduct of the party’s
primaries for the said elections was not within the stipulated 21
days.
Rivers APC Chairman, Dr. Davies Ibiamu Ikanya, said in a statement
issued on Monday in Port Harcourt: “While the party was 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 Peoples Democratic Party (PDP) against
the Rivers State Independent Electoral Commission (RSIEC), another
panel of judges presiding over the National Assembly election petition
tribunals moved again to create its own laws outside the Electoral Act
2011, denying Dr. Dawari George and Mr. Lucky Odili the right to fair
hearing in their petitions against INEC and PDP.
“The panel had after several applications filed by PDP to frustrate
the suit at the early stage, decided to strike out the suits on
grounds of technicalities. The 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 APC allegedly 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.”
Continuing, Rivers APC said: “For the avoidance of doubt, the
tribunals are charged with ONLY election matters and no pre-election
matters, which are the exclusive preserve 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.
“From all indications, there is going to be a repeat of history in
Rivers State as this is similar to 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 came up at the Supreme Court, in
the end justice was done and seen to be done.”
Dr. Ikanya noted that while APC has filed an appeal against the
strange tribunal ruling, PDP is agog on the delusion that all APC
candidates, including their nightmare, the party’s gubernatorial
candidate, Dr. Dakuku Peterside, will lose out in their subsequent
petitions. The APC Chairman described PDP’s celebration of victory
occasioned by fear of the truth on the shambolic elections in Rivers
State to be premature. “This,” he declared, “cannot be an escape route
for Caretaker Governor Nyesom Wike and his followers. This is the era
when SANITY shall overrule IMPUNITY at all cost. The die is now cast!”
Signed
Chief Eze Chukwuemeka Eze,
SSA on Media and Public Affairs to the State Chairman, APC Rivers State.
