Wike Ezenwo Nyesom V. Hon. (Dr.) Dakuku Adol Peterside & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This appeal was heard on 27th January, 2016 after hearing submissions from learned counsel. I pronounced my judgment allowing the appeal and adjourned till today to give my reasons for allowing the appeal. I now proceed to do so.

This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 16th December 2015 affirming the judgment of the Rivers State Governorship Election Tribunal (hereinafter referred to as the Tribunal) delivered on 24th October 2015, which nullified the election and return of the appellant as Governor of Rivers State and ordered the conduct of a fresh election.

Election into the office of Governor of Rivers State was conducted by the 3rd Respondent [INEC] on 11th and 12th April 2015. The appellant, who was sponsored by the 4th, respondent [PDP] was returned elected, having scored the majority of lawful votes cast. The 1st respondent also contested the election on 2nd respondent [APC].

The 1st and 2nd respondents were dissatisfied with the return of the appellant and consequently filed a petition before the

Tribunal on the following grounds:

”(i) That the 2nd respondent was not duly elected by majority or highest number of lawful votes cast at the election;

(ii) That the election of the 2nd respondent was invalid and unlawful by reason of substantial non-compliance with the provisions of the Electoral Act, 2010 (as amended), Manual for Election Officials 2015 as well as the 1st respondent’s 2015 General Elections approved guidelines and regulations.

(iii) The election was invalid by reason of corrupt practices.”

They sought the following reliefs:

(i) That it may be determined and thus determined that the 2nd respondent, WIKE EZENWO NYESOM was not duly elected or returned by the majority of lawful votes cast at the Governorship election in Rivers State held on 11th and 12th April, 2015.

(ii) That it may be determined and thus determined that the said election and the return of the 2nd respondent, WIKE EZENWO NYESOM, are void by acts which clearly violate and breach various provisions of the Electoral Act (as amended), including but not limited to rigging and manipulation of election results, unprecedented acts of violence, thuggery, abduction, coercion of opponents,

non-compliance with the provisions of the Electoral Act, manual for election and the guidelines etc, committed at the towns, villages, settlements, wards and polling stations aforementioned, as well as unlawful interference in the electoral process by political office holders.

(iii) That it may be determined and thus determined that the results of the Governorship election for the Rivers State held on 11th and 12th April, 2015 for the entire Rivers State save Eleme Local Government Area, wards 1, 2, 3, 8, 9, 11 and 19 of Port Harcourt Local Government Area as declared and announced by the 1st respondent be nullified. (iv) That a fresh election in all the polling Units and Wards of Rivers State be conducted by the 1st respondent.