The All Progressives Congress in Rivers State has alleged a conspiracy between the Independent National Electoral Commission and some judges to frustrate its (APC) petitions brought before the tribunals in respect of the March 28 and April 11 general elections in the state.
The party’s allegation is coming on the heels of last week’s ruling by the National Assembly Election Petition Tribunal in the matters of Dr. Dawari George and Lucky Odili of Asari-Toru/Akuku-Toru Federal Constituency and Ogba/Egbema/Ndoni Federal Constituency respectively.
Both men, according to the state APC, had filed petitions challenging the victory of Boma Goodhead of Asari-Toru/Akuku-Toru Federal Constituency and Prince Nnam Obi of Ogba/Egbema/Ndoni Federal Constituency.
The tribunal had dismissed the petitions on the grounds that APC’s revised notice for the conduct of the party’s primaries for the said elections was not within the stipulated 21 days.
The State APC Chairman, Dr. Davies Ibiamu Ikanya, said in a statement issued in Port Harcourt on Monday, that cases should not be thrown out on mere technical grounds.
Ikanya noted that while his party was still grappling with the sacking of 22 elected council chairmen, a panel of judges presiding over the National Assembly election petition tribunals had moved again to create its own laws outside the Electoral Act 2011.
He pointed out that the situation denied George and Odili the right to a fair hearing in their petitions against the INEC and the PDP.
Ikanya said, “The panel had after several applications filed by PDP to frustrate the suit at the early stage, decided to strike out the suits on the grounds of technicalities.
“The reason cited by the tribunal is based on section 85(1) of the Electoral Act 2011, which states that political parties shall give 21-day notice to INEC before their primaries are held to choose their candidates, an Act which APC allegedly did not comply with.
“Incidentally, the Electoral Act 2011 under this section did not stipulate any punishment for flouting the said Act. Rather than hear the matter on its merits as warned by the Chief Justice of the Federation, the judges decided to introduce their own punishment, which is to strike out the matter.”
“For the avoidance of doubt, the tribunals are charged with ONLY election matters and not pre-election matters, which are the exclusive preserve of the regular courts.
“This obvious travesty of justice negates the principle of the Rule of Law, which is borne out of the merits of a case and not mere technicalities – which is a negation of merits in election matters specifically.”
The APC Chairman described PDP’s celebration of victory occasioned by the fear of the truth as premature and declared that there was no escape route for the current governor of the state, Chief Nyesom Wike and his followers.
Ikanya, however, noted that while APC has filed an appeal against the strange tribunal ruling, PDP is agog on the delusion that all APC candidates, including their nightmare, the party’s governorship candidate,
Dr. Dakuku Peterside, will lose out in their subsequent petitions.
Ikanya said, “This is the era when sanity shall overrule impunity at all cost. The die is now cast. From all indications, there is going to be a repeat of history in Rivers State as this is similar to the case in 2007 when the Appeal Court in Amaechi vs Omehia turned down the appeals of Amaechi based on technical grounds.
“The Supreme Court ordered twice that the lower court must hear the matter on its merit. Though it was justice sought on a high price as Amaechi had to pay higher fees to the legal team each time the matter came up at the Supreme Court. In the end justice was done and seen to be done.”
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