Yesterday’s sitting at the Rivers State Governorship Election Petition Tribunal led by Justice Pindiga heard several motions filed by the Peoples Democratic Party(PDP) and it’s Governorship candidate, Ezenwo Nyesom Wike included the issue of jurisdiction of the tribunal to entertain the petition of the All Progressive Congress, APC, and it’s Governorship candidate, Dakuku Peterside.
Justice Pindiga ordered that he shall take the issue of jurisdiction first. Counsels for the Respondents, argued that since the tribunal is not established in Rivers state as required by section 285 of the Constitution, the court ought to strike out the petition for being incompetent and a nullity.
According to Njemanze SAN noted that they are seeking the interpretation of the Constitution. He argued that section 285(2) of the Constitution makes a tribunal established in Abuja for Rivers state incompetent to assume jurisdiction to hear the petition.
Also, Ifedayo Adedipe SAN, counsel to the PDP supported the motion of Njemanze urging the court to strike out the petition since it was commenced in a wrong venue.
In his own defence, Akin Olujinmi SAN adopted his earlier written address and urged the panel to dismiss the application based on his motion filed on 29th of June, 2015. He argued that the motion was based upon a MISCONCEPTION and MISCONSTRUCTION of the constitution ie. Section 285(2). He argued that the expression “There shall be established” in Section 285(2) suffices to establish the tribunal. He further argued that it is not the act of the president of the Appeal Court but the Constitution. He further argued that what the president of the Court of Appeal did was to merely appoint members of the tribunal. He further submitted that because the motion was premised on a wrong hypothesis that the tribunal has not been established, the motion was bound to suffer technical and legal failures which as a matter of law extinguish, the life of the motion.
In furtherance to his defence, Olujinmi premised his defence to the motion challenging the objection as to venue on the DOCTRINE OF NECESSITY. ( Recall that some of the state election petition tribunals including Rivers were relocated to Abuja as a result of violence and threats to life in those states).
The tribunal adjourned to Monday, 27th of July 2015 for ruling on the issue of jurisdiction.
