TVC E, POLITICS – The Supreme Court has given reasons for its verdict validating the election of Nyesom Wike as the elected Governor of Rivers state.
Justice Kudirat Kekere-Ekun read the unanimous decision of seven judges, giving a step by step explanation of the court’s assessment of the decision of the lower courts and how it came to its conclusion.
Justice Kekere-Edun said the tribunal was improperly constituted, pointing out that the chairman of the tribunal, Suleiman Ambursa, passed judgment in error because he did not sit over the initial hearing of the case.
Ambursa had replaced Mu’azu Pindiga, who was removed in the middle of the hearing of the Rivers governorship election petitions.
The apex court further held that the candidate of the All Progressives Congress, Dakuku Peterside, was unable to prove that an election did not take place in Rivers state
The Supreme Court explained that the burden of proof was on Peterside to show that the election was marred by violence, and he failed to do that because he failed to bring in witnesses from all polling units to substantiate his claims
The court also held that for Peterside to prove non-accreditation, he ought to have tendered the voters register and demonstrated it.
Finally the court held that to warrant nullification of an election a petitioner has to prove that there was substantial non compliance in all polling units.
While it commended INEC for introduction of the card reader, the Supreme Court held that the innovation cannot supersede the voters register and that it was wrong for the the tribunal to base its judgment of non-compliance with the use of card readers
It also advised INEC to approach the National Assembly for an amendment to incorporate the use of card readers.
