Tuesday, September 8, 2015

Rivers: Tribunal Stalls Proceedings, to Determine Peterside’s Eligibility Tuesday

The proceedings at the Rivers State Governorship Election Petitions Tribunal sitting in Abuja were stalled monay following the judgment delivered last Saturday by the Court of Appeal.


Hon. Dakuku Peterside

Hon. Dakuku Peterside


To this end, the tribunal will today decide  on the judgment  of  the  Court  of  Appeal directing it to rule on the  eligibility of All Progressives Congress (APC) candidate on the April 11 polls, Hon. Dakuku  Peterside.


Also, the Justice  Mohammed  Ambrosa-led tribunal  will determine  its  position  on the  application  by Governor Nyesom Wike and Peoples Democratic Party (PDP) seeking  the dismissal  of Peterside’s  petition  for failing  to  join parties that he made criminal  allegations  against.


At the resumed  hearing of the petition,  counsel  to  Governor Wike, Emmanuel  Ukala  (SAN),  brought an application to stay proceedings, asking the tribunal  to  take judicial  notice  of the  appellate court’s judgment, which directed the tribunal to deliver ruling on some applications filed by them challenging the competence of the appeal.


Ukala also assured that  the certified true copy  of  the  judgment  would  be  made available  to  the tribunal today for necessary  action.


The respondents had gone to the appellate court, wherein they insisted that Peterside lacked the locus standi to file the petition, arguing that the APC governorship congress that produced him as candidate of the party violated relevant provisions of  the Electoral Act,  INEC’s guideline and the party’s constitution.


They also challenged ruling of the tribunal reserving some of the objections  raised against the competence of the petition.


The motions were argued during the pre-trial and ruling were reserved to be taken alongside judgment on the substantive petition.


But the counsel for the petitioners (APC and Peterside), Akin Olujimi (SAN), opposed the application, insisting that it was alien to the country’s jurisprudence to stay proceeding of a matter at the election tribunal.


Following the information from the Defence counsel, Justice  Ambrosa ruled that the  matter be adjourned  to today to enable  the respondents  serve the tribunal  the certified true copy of the Appeal Court  judgment.


The appellate court had held that since arguments had been taken some applications before the tribunal, there was no reason why ruling on them should deferred by the tribunal.


The appellate court also ordered the tribunal to rule on the application filed by the respondents seeking the dismissal of the petition because the APC served processes without seeking the leave of the tribunal


Also, the Appeal Court directed the tribunal to rule on the PDP application seeking the dismissal of the petition on the grounds that the APC petition relied on grounds unknown to the Electoral Act.



Rivers: Tribunal Stalls Proceedings, to Determine Peterside’s Eligibility Tuesday

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