Tribunal Dismisses Sekibo’s Petition

The Governorship Election Petition Tribunal sitting in Port Harcourt, Rivers State, yesterday, dismissed election petition filed by the governorship candidate of the Action Congress of Nigeria (ACN), Dr Abiye Sekibo as well as the application seeking the withdrawal of the petition challenging the declaration of Governor Chibuike Amaechi of the Peoples Democratic Party (PDP) the winner of the April 2011 governorship election in the state.

In their unanimous ruling, the tribunal  dismissed Dr Abiye Sekibo and the ACN’s application on the ground that it failed to comply with the electoral act.

The tribunal chairman, Justice Amina Wambai said that the petitioners failed to apply to the pre-hearing notice within the seven days as stipulated in the electoral Act, adding that in the eye of the law it was deemed that they had abandoned their petitions before the tribunal.

According to her, where two parties filed a petition as petitioners, the electoral Act and the Evidence Act provide that the parties must file separate affidavits if they wish to withdraw their petition noting that the withdrawal sought by the petitioners shows that there was no agreement between the two parties in the matter.

‘The petitioner filed a motion for withdrawal on July 1, 2011 instead of applying pre-hearing notice.

The motion to withdraw was filed by Dr Abiye Sekibo supported with a nine paragraph affidavit without the ACN signatory, he said.

The tribunal therefore observed that the conditions laid down in law for the withdrawal of the petition by the petitioners were lacking in the application , adding that the tribunal lacks powers to uphold the withdrawal application  as it failed to meet with the rules of the law.

On the motion filed by Governor Amaechi against the withdrawal application of ACN and its governorship candidate, the tribunal also struck out the motion on grounds of insufficient affidavit

Philip Okparaji

Rivers State Governor, Rt Hon Chibuike Amaechi receiving an address from team leader Violaine Mitchel of Bill and Melinda Gates Foundation, USA, on behalf of Global Alliance on Vaccines and Immunisation (GAVI), during a courtesy visit to Government House, Port Harcourt, yesterday.