Tuesday, 27 October 2015
Supreme court dismisses Wike’s appeal against tribunal
Supreme court dismisses Wike’s appeal against tribunal
11:02 am
The Supreme Court on Tuesday upheld the relocation of the Rivers State Governorship Election Petition Tribunal from Port Harcourt to Abuja, where it sacked Governor Nyesom Wike and ordered fresh election to be conducted.
The Justice John Fabiyi-led seven-man panel of the apex court, in its unanimous judgment, ruled against Wike, who had contended that the tribunal lacked jurisdiction because of its relocation to Abuja.
Wike had also contended that the tribunal lacked jurisdiction because the President of the Court of Appeal, Justice Zainab Bulkachuwa, failed to consult with the Chief Judge of Rivers State and the President of the Customary Court before constituting the panel of the tribunal.
In its lead judgment read by Justice Amiru Sanusi, the Supreme Court held that the President of the Court of Appeal justifiably directed the tribunal to relocate to Abuja in view of “the tense atmosphere of insecurity in Rivers State at that material time.”
The apex court also ruled that since the offices of the Chief Judge of Rivers State and the President of the Court of Appeal of the state were vacant when the panels of the tribunal were being constituted, the President of the Court of Appeal was not bound to hold discussion with the “functionaries” before setting up the tribunals.
The court also explained that the consultation, which the Constitution directed the President of the Court of Appeal to hold with the CJ and President of the Customary Court of Appeal in the state, was not about the constitution of the panel for Rivers State Election Petitions Tribunals, but about judges who are qualified from the state to serve in the various tribunals across the country.
Had the Supreme Court ruled in Wike’s favour, it could amount to setting aside the judgment of the tribunal which on Saturday nullified the election which produced him as governor.
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