Supreme Court Throws Out Wike's Appeal Against Tribunal

BEVERLY HILLS, October 27, (THEWILL) – Embattled Rivers State governor, Nyesom Wike, Tuesday, lost in his bid to challenge the relocation of the State Governorship Election Tribunal to Abuja instead of sitting in Port Harcourt.

This is as the Supreme Court upheld the decision of the President of the Court of Appeal, Justice Zainab Bulkachuwa, in relocating the Tribunal to Abuja on grounds of alleged insecurity in Rivers State.

Last weekend, the tribunal had sacked Wike by nullifying the April 11 governorship election which produced him as governor and ordered the Independent National Electoral Commission (INEC) to conduct a fresh election within 90 days.

Wike who contested the April election on the ticket of the Peoples Democratic Party (PDP) had earlier challenged the tribunal’s jurisdiction to sit outside the State but his objection was dismissed . Not satisfied with the decision, he took the matter to the apex court where a full panel of the apex court, Tuesday, unanimously dismissed the appeal for lacking in merit.

Justice Amiru Sanusi, who read the lead judgement, held that evidence abound that there were security challenges prevailing in Rivers state as at the time the panel was constituted, adding that the court could not be bound by its earlier decision in Ibori’s case which was cited by the appellant.

The Supreme Court further noted that it was not the President of the Court of Appeal that relocated the court in the Ibori’s case and that there was no security challenges then.

“But in this case, it was the President of the Court of Appeal that relocated the tribunal to Abuja because of insecurity. It was this situation that demanded for a doctrine of necessity which made the President of the Court to relocate the tribunal to Abuja to protect the lives of the members of the panel.”

“I agree with the lower court that the PCA is right in relocating the panel to Abuja.”

“On the whole, I hold that the tribunal is properly constituted by the President of the Court of Appeal even without consultation with the Chief Judge of Rivers state or the President of the Customary Court‎.”

“Even though, as at then, there was no Chief Judge, and there was no President of the Customary Court. The consultation here is not as to the venue of the sitting but to get judges in Rivers state that will be part of the various election petition.”

“It is necessary to protect members of the panel from the theatre of war to where their lives will be secured.”

“The President of the Court of Appeal, has the power and has judiciously utilise his power.”

“The panel is properly constituted and it is not bereft of jurisdiction to hear the petition of the of the petitioner. The appeal lack merit and it is hereby dismissed”, the court held in its ruling on Tuesd