Dakuku Vs Wike: TODAY RULINGS: The issues,the clarification:


The PDP approached the Court of Appeal to decide on the followings:

*Whether the tribunal has the jurisdiction to seat in Abuja instead of Rivers state.

*Whether Dr.Dakuku Peterside was eligible to contest the election,in view of the 21-day notice.

*Asked the Court of Appeal to vacate the order granted the petitioners(Dr.Peterside and APC) by the tribunal to inspect election materials because the 2nd respondents (Wike) was not put on notice.

In its judgement, the Appeal Court:

*Dismissed the application challenging the jurisdiction of the tribunal to sit in Abuja and held that the ground(s) for which the tribunal is sitting in Abuja is tenable in law.

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On the issues of whether Dr.Peterside is eligible to contest the governorship election in view of the 21-day notice and whether the tribunal was right to grant Dr.Peterside and the APC order to inspect the materials without putting the 2nd respondents (Wike)on notice,the honourable Court of Appeal ordered the tribunal to give rulings on the two issues of :

1.Whether Dr.Peterside was eligible and

2.Whether the tribunal was right to have granted the inspection order without putting the 2nd respondents (Nyesom Wike)on notice.

Pls,take note that the tribunal had reserved rulings on the two applications above when the 2nd respondents(Wike)raised them at the tribunal and promised to give rulings on the two applications at the end of the trial.

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However,the Appeal Court ordered the tribunal to give rulings in the course of the proceedings and not at the end of it.

Yesterday Tuesday 8th Sept,counsel to the 2nd respondents(Wike),Mr.E.C Ukala and that of PDP,I.A Adedipe raised issues,urging the tribunal to deliver its rulings on those two applications as ordered by the Court of Appeal.
The tribunal therefore reserved the rulings to today Wednesday, 9th September.
In today’s ruling, the tribunal held as follows:

*On the issue of Dr.Dakuku’s eligibility:

“We are of the firm belief that the petitioner(Dr.Peterside)has satisfied the provisions of the law and hereby resolve the issue in the favor of the petitioner”

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*On the issue of ordering Dr.Peterside and the APC to inspect materials without putting the 2nd respondents(Wike)on notice,the tribunal said thus:

“The application of the 2nd respondents (Wike)against inspection or any other related matter thereto is hereby dismissed.”

Going further, the tribunal decided on another application of the 2nd respondents(Wike)and the PDP asking the tribunal to either dismiss the entire petition of the petitioners(Dr.Peterside and the APC)or strike out certain paragraphs of his petition.

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On this,the tribunal struck out certain aspects of the petition,especially,those concerning the security agencies.
Thereafter, the tribunal called for the continuation of the witnesses.
That is the situation of the case today.

By: Sir,Ikenda Clinton Elechi.



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