Rivers gov. poll: APC candidate loses appeal

The Court of Appeal sitting in Abuja on Friday expunged a petition filed against some security agents by Mr Dakuku Peterside, the All Progressives Congress (APC) gubernatorial candidate in Rivers in the April 11 elections.

In the petition, Peterside had alleged that security agents engaged in some sharp practices during the governorship elections in the state.

He is seeking an interlocutory ruling on the Governorship Election Petitions Tribunal which had struck out the allegation of sharp practices against the security agents contained in his petition.

The APC candidate had indicted some named and unnamed security agents and alleged that Gov. Nyesom Wike used them as thugs to disrupt the rivers election, therefore, disenfranchising thousands of voters.

The APC candidate also sought the appellate court to constitute a new panel that would hear his appeal and continue from where the Justice Suleiman Ambursa-led tribunal panel stopped.

The presiding appeal court Judge, Justice Datti Yahaya, along with Justice Tanimu Yusuf and Justice Mustapha Mohammed, failed to agree with some sections of the appeal.

According to Justice Yahaya, the appellant was supposed to have joined the named and unnamed security agents and the named and unnamed political thugs as respondents from beginning of hearing at the tribunal.

Yahaya said that all the criminal allegations contained in the petition against the said security agents and alleged political thugs be expunged as they had no opportunity to defend themselves at the tribunal.

The court held that in cases where criminal allegations were made against institutions, agents and individuals, they were expected to be joined as parties to the suit.

He, therefore, struck out the appeal before the court.

Yahaya also dismissed the application seeking a fresh panel to hear Peterside’s petition after Wole Olanipekun (SAN), Counsel to the People’s Democratic Party (PDP), opposed the application.

Mr Osima Ginah, Counsel to Gov. Nyesom Wike, also prayed the court to disregard and throw away the application for the re-constitution of a new panel being sought by the appellant.

After the judgment, Ginah told journalists that the Court of Appeal’s judgment would help to strengthen Wike’s case when the court commenced hearing in his own appeal.