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… Dismisses AAC, ADP’s Petitions
By Joel Anekwe
Rivers State Governorship Election Tribunal has affirmed the re-election of the state governor, Chief Nyesom Wike following the dismissal of the petition filed by the African Action Congress (AAC) governorship candidate, Biokpomabo Awara, seeking the nullification of the March 9 governorship election in the state.
The tribunal also dismissed the petition filed by the Action Democratic Party (ADP) candidate, Mr Victor Fingesi against the election of Governor Wike.
“We affirm the election of Nyesom Ezenwo Wike as duly elected,” the Tribunal declared.
It said that both petitioners failed to prove their petitions beyond reasonable doubt, stressing that they failed to adduce evidence to prove that the election was marred by violence and irregularities.
In the judgment on the AAC petition, read by Justice K. B. Olawoyin, the tribunal declared that Wike won 19 out of the 21 local government areas where elections held, while the petitioner won in two local government areas.
It said the petitioner failed to call any witness to give credible evidence that there were malpractices during the election that favoured Governor Wike and held that the first petitioner can no longer lead any general and nebulous evidence on violence.
Justice K. B. Olawoyin declared that what was suspended was the collation of results for 6 local government areas, stating that as at the time of the suspension of collation, INEC had concluded collation of results in 17 local government areas.
The tribunal stated that by participating in the collation process, the petitioner wasted his right to complain.
The tribunal said it had earlier struck out the evidence of two of the 20 witnesses called by the petitioners ruling that the results tendered by the petitioner, Awara Biokpomabo while giving evidence were inadmissible and therefore expunged from the records.
According to the tribunal, the AAC governorship candidate, Biokpomabo Awara tendered certified true copy of the state governorship election and the declaration of results by INEC and noted that neither Awara Biokpomabo nor any of his witnesses tendered any results different from that of INEC.
The tribunal said Awara failed to call his polling unit agents to testify, even though he admitted that they were all alive. The court held that PW3 to 19 who testified were alleged ward or local government agents, whose testimonies were found not to be credible.
The tribunal added that even the results tendered by Awara had no names of polling unit agents, no signatures of polling units agents and had no INEC stamp. The tribunal therefore declared the said results inadmissible and of no value.
The tribunal ruled that petitioner witness (PW) 3 is not a credible witness and his evidence was disregarded. It also held that the evidence of PW3 is contrary to the petitioner’s pleadings in his petition.
The tribunal said exhibits AA1 to A12 tendered by PW4 are inadmissible in evidence, because PW4 was not the maker. It ruled that the documents were dumped on it (tribunal), with no polling agents called to give evidence. The tribunal further expunged the exhibits from its records, adding that the evidence of PW4 has no value as it has not proved any electoral malpractice.
The evidence of PW6 of the AAC governorship candidate was discredited under cross examination, the tribunal noted. It added that the evidence of PW6 contradicted his answers during cross examination. The tribunal noted that PW6 said that the election was peaceful, adding that PW 6 is not a credible witness, as he lied under oath.
According to the tribunal, aside the names of the witnesses and their respective wards, the witness statements of all of them were the same and each had seven paragraphs.
The tribunal held that the evidence of PW7, Stanley Nweke, ward collation agent in Omuma LGA, was at variance with the pleadings of the petitioner. The tribunal held that the evidence of PW 7 was of no value and was discountenanced.
The tribunal also threw out the evidence of PW9, Henry Iyalla whose name was not found in INEC’s official list of collation agents. The tribunal described PW9 as an imposter, adding that his evidence did not contradict the fact that election held in Degema LGA.
On PW10, the tribunal held that he did not tender any results of elections in the polling units. According to the tribunal, the evidence of PW10 goes to no issue because it contradicted the results pleaded by the petitioner.
The tribunal held that most of the witnesses of the AAC were not credible, as they discredited themselves by contradictory statements.
The tribunal noted however, that PW21, the state collation agent of AAC, Mr Nenye Kocha, has been consistent in his testimony from collation to the tribunal that the AAC lost the governorship election.
The AAC governorship collation agent, according to the tribunal, is a truthful witness, whose evidence is credible. The tribunal placed probative value on his testimony.
The tribunal also accepted the testimony of PW22, Joseph Osademe, a producer with AIT, who tendered the video clip showing INEC officials declaring the Rivers State governor, Nyesom Ezenwo Wike winner of the election.
The tribunal also placed value on the document tendered by assistant commissioner of Police in Rivers State, ACP Victor Onugbo. The document tendered by the Police before the governorship election petition tribunal, authenticated the electoral victory of Governor Nyesom Ezenwo Wike during the March 9, 2019 election. The tribunal said the testimony of the assistant commissioner of Police is credible.
The tribunal further stated that the fact that the first and second petitioners were opposed to each other is another ground to dismiss petition.
