Legal fireworks will
begin at the Supreme Court on Wednesday, 27 January as the apex court starts
hearing on the appeal brought by Governor Nyesom Wike of Rivers
State,challenging the judgment of the Court of Appeal which upheld the
nullification of his election by the Election Petition Tribunal.
Wike has filed 20 grounds of appeal to the Supreme Court,
alleging that the election tribunal, high court and appellate court relied on
hearsay and legally inadmissible evidence to arrive at its judgment as well as
violated his constitutional right of fair hearing.
The governor wants
the Supreme Court to hold that the lower courts wrongly refused to follow the
decision in Agbaje versus Ambode’s case, which stated that the use or non-use
of Card Reader cannot be a ground for questioning or nullifying an election.
It would be recalled
that when Wike approached the Supreme Court to stop the Governorship Election
Tribunal from sitting in Abuja, Nigeria’s capital, he lost.
Wike, however,
appears to have braced up for the worst after he urged his supporters to make
sure they get their Card Readers and be ready to vote him again, boasting that
the main opposition party in the state, All Progressives Congress (APC) will
not win a unit.
The Supreme Court upheld the decision of the two lower courts
which dismissed Wike’s appeal challenging the relocation of the Election
Tribunal from Port Harcourt, Rivers State capital to Abuja.
All the three senators on
the platform of the Peoples Democratic Party, PDP, from Rivers state
lost their seats at both the Election Tribunal and Appeal Courts and a rerun
election was ordered within 90 days.
Also, the Appeal
Court sitting in Abuja had in its various judgements ordered rerun in 22
Assembly constituencies out of the 32-member House that make up the Rivers
State House of Assembly.
The PDP has
maintained nine seats while the APC is left with just a seat, leaving the
Assembly with a total of 10 legitimate members including the Speaker.
The law requires only
11 out 32-member house to be able to form a quorum necessary for any
legislative seating. But so far, only 10 members are left and the House cannot
form a quorum.
Therefore, by law the
assembly members cannot continue with their legislative functions at least for
now.
The House of Assembly
has adjourned indefinitely obviously in anticipation of the results of the
rerun of elections as ordered by the Court of Appeal.
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