APC loses Appeal to Governor Wike/PDP as Court of Appeal strikes out evidences against security agents, alleged political thugs
*Dismisses Rivers APC’s application to change Court of Appeal panel for a fresh panel to hear appeal on Tribunal’s Judgment
The Court of Appeal sitting in Abuja on Thursday expunged from Judicial records of the Rivers State Governorship Election Petition Tribunal all the evidences against named and un-named security agents and named and un-named political thugs in the petition filed by the Rivers State APC Governorship Candidate, Mr Dakuku Peterside against the election of Governor Nyesom Ezenwo Wike.
Also on Thursday, the Court of Appeal dismissed an application by the Rivers State APC asking the President of the Court of Appeal to constitute a New Panel to hear the appeal that would flow from the judgment of the Justice Suleiman Ambrosa-led Rivers State Governorship Election Petition Tribunal.
The Rivers State APC had appealed an interlocutory ruling of the Rivers State Governorship Election Petition Tribunal wherein all the evidences against named and un-named security agents and named and un-named political thugs were struck out from the records of the tribunal because the Rivers State APC failed to join the said security agents and political thugs in their petition.
The tribunal, however, took into consideration the evidences against the security agents and alleged political thugs in their judgment, relying on them despite the earlier interlocutory ruling of the tribunal.
Today’s session of the Court of Appeal was Presided over by Justice Datti Yahaya JCA while Justice Tanim Yusuf (JCA) and Justice Mustapha Mohammed (JCA ) were members of the panel.
According to the Court of Appeal, evidences that were led against security agents and political thugs whether named and un-named in the course of the hearing of the petition filed by the Rivers State APC Governorship Candidate against the election of Governor Wike where the said security agents and alleged political thugs were not joined as parties should be struck out.
The Court of Appeal further directed that all the criminal allegations contained in the petition against the said security agents and alleged political thugs be expunged as they had no opportunity to defend themselves at the tribunal .
The Court held that in cases where criminal allegations are made against institutions, agents and individuals, they were expected to be joined as parties to the suit.
On the application brought by the Rivers State APC asking the President of the Court of Appeal to constitute a New Panel to hear the appeal on the Justice Suleiman Ambrosa-led Rivers State Governorship Election Petition Tribunal, Counsel to to the PDP, Chief Wole Olanipekun, SAN, urged the Court to disregard the application as it was tantamount to disqualifying itself from hearing the appeal for no just reason.
Counsel to Governor Wike, Mr Osima Ginah said the application for the re-constitution of the Appeal Court Panel via a letter written by the Rivers State APC on October 28,2015 and brought to the attention of the Court on Thursday should be dismissed by the court.
It would be recalled that Justice Suleiman Ambrosa had in his judgment at the Rivers State Governorship Election Petition Tribunal relied copiously on the testimonies of soldiers, mobile policemen and DSS operatives who alleged electoral crimes in the course of the April 11 governorship election in the state.
Counsel to Governor Wike, Mr Osima Ginah addressing journalists after the judgment declared that the Court of Appeal judgment implies that all statements credited to the said security agents will be expunged from the records of the tribunal and will no longer form part of the appeal process.
Mr Ginah said that today’s judgment of the Court of Appeal has strengthened the case of Governor Nyesom Ezenwo Wike as the second leg Rivers State APC petition has been pulled out, pointing out that the other pillar of their case, the card reader accreditation is no longer tenable following decisions by Superior Courts on the matter.
Source: News Nugget
