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News analysis… Rivers: Two sides of a judgment

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The Rivers State Election Petition Tribunal sitting in Abuja on Saturday annulled the election of the state governor, Nyesome Wike and ordered INEC to conduct fresh elections into the office of governor in the state, within 90 days.

The judgment has no doubt sent the various parties, including those who never stood a chance, back to the drawing board to dig up whatever tricks they may have up their sleeves, and dust up their manual on electoral tactics, in efforts to ensure they clinch the coveted seat of governor.

Meanwhile, the tribunal’s judgment has thrown up different reactions from the two main parties in the suit, including their supporters, that is the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) who have either hailed the decision, or condemned it depending on its effect on them,

While the APC jubilates, that the Mohammed Ambrusa-led tribunal did the right thing, since the April 11, 2015 election was fraught with violence, intimidation and killings, the PDP on its part described the ruling as a travesty of justice, vowing to appeal.

As news of the ruling filtered into the state, APC supporters went wild with jubilation, while the PDP became calm wearing gloomy faces. Be that as it may, both parties went to town to prove their points, using whatever medium available to them, to convince all that they are on top of the situation.

The APC supporters hit the streets of Port Harcourt shouting ‘Change’, the party’s slogan in the last elections.

In no time hundreds of them had massed at the party’s governorship candidate’s Dr. Dakuku Adol Peterside’s Greater Together Campaign Organisation’s office on Forces Avenue, old Government Reservation Area (GRA) in the state capital for celebration.

Not wanting to be outshined, or seen to be gloomy, the PDP in no time also began a celebration of sorts, taking consolation in the fact that Wike will remain governor for now having decided to appeal over the tribunal’s verdict.

The police had to beef up security around the state to ensure that the prevailing peace was not breached. The spokesperson of the command, Grace Iringe-Koko, said in Port Harcourt that all was calm in the state.

“We have not recorded any incidents and the state is calm. Police is on top of the situation,” she said.

Mr. Wike who had apparently planned a triumphant return to Port Harcourt from Abuja if the verdict had gone in his favour flew home last night all the same, vowing never to cave in to what he called ungodly political gang-up against him in Abuja.

 

Read also: Breaking… Rivers Tribunal Sacks Gov Wike

Trying to keep hope alive, Wike told his supporters: “I have never seen a situation where a lower court overrules a higher court. The Court of Appeal has ruled on the issue of card reader which the tribunal based today’s (yesterday’s) judgment upon”.

Some political watchers are however confused by the ruling of the Rivers Tribunal as juxtaposed against those of Lagos and Akwa Ibom states based on the card readers used for the 2015 general elections. In upholding the election of Lagos State governor, Akinwunmi Ambode, the Court of Appeal sitting in Lagos held that the non-use of the card readers or the dysfunctional nature of the card readers cannot invalidate the Lagos State Governorship Election.

The court held that the Electoral Act (2010) as amended does not recognise the malfunctioning of a card reader as one of the factors that can lead to the nullification of an election. This, the appellate court held, was because the Electoral Act predates the introduction of the card reader.

In the case of Akwa Ibom State, the governorship election tribunal held that the petitioners were unable to demonstrate that card reader alone can be relied upon for accreditation.

But in nullifying the election of Governor Wike, the state governorship election tribunal held that card readers were introduced by INEC to ensure credibility and transparency, adding that the electoral commission had directed that if the card reader failed the election should be postponed to the next day. It added that ‘We don’t see any conflict between the introduction of card readers and the provisions of the Electoral Act’.

According to the tribunal, presiding officers called by the respondents as witnesses said they resorted to manual accreditation because the card reader failed.

However, in Rivers, as the jubilation and, or sulking continues, one thing is however clear, the political atmosphere in the state in the next few weeks will become charged after the storm thrown up by the Tribunal’s ruling sinks in, and settles.

Both parties will take to the trenches to restrategise, and put together their arsenal for a full blown battle to ensure they stay on top of the game, either through the judiciary, or the ballot box.

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