At the hearing of the petition on Friday, Counsel to INEC,Njameze (SAN)prayed for an order dismissing the petition as being abandoned in consequence of non-compliance with position of paragraphs 18 sub 1 of the first schedule of the Electoral Act 2010.
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Also, counsel to the Rivers State Governor, Nyesom Ezenwo Wike, E.C Ukala (SAN) urged the tribunal to dismiss the applications brought by the APC.
The petitioner had filed two applications which included adopting the pre-hearing before going into the application and granting him the right to inspect election materials.
Furthermore, Ukala (SAN) prayed the court to dismiss the petition on grounds that the petitioner failed to pay the mandatory filling fees for forms TF008 and TF007.
The lawyer argued that payment of filling fees is statutory for such an application and constitute a condition for precedence for the invocation of jurisdiction of this honourable court.
Also Prof.Epiphany Azinge (SAN)counsel for Wike backed Ukala by urging the court to dismiss the petition on the grounds set out on motion page supported by affidavit 12 paragraph1,and failure to comply with the provision of paragraph 18-1 of the S schedule of the electoral act which Oke (SAN)deemed as fatal to the petition.
He further cited the case of Charles Henry(2015)and Ezenwo Wike in the same court and also the Labour Party against Wike(PDP)as the relevant to their plea
Counsel to PDP Chief Obiih (SAN)also adopted Ukala’s motion and urged the court to dismiss the petition.
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However, Counsel to APC, Chief Akin Olujimi, SAN, prayed the court to dismiss the application for lacking merit.
According to him: “they said I did not pay one hundred Naira (100),they forgot that I had a tribunal security deposit of four hundred thousand naira (400,000).There is no special provisions to pay fees here.”
Another Counsel to PDP, Chief Orbiih ,SAN opined that the petition is dead on arrival and arrangement for its burial should be the order of the day.
The case was adjourned to 17th August for ruling.
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