Rivers Guber Polls:Dismiss APC’s Application, INEC Urges Tribunal

Surveyor- General, Rivers State, Mr Noel Elenwo (left), explaining the Port Harcourt masterplan to former Commissioner of Police, Rivers State, Mr Chris Ezike, during the working visit of Nigeria Institution of Surveyors, Rivers State branch to the State Police command in Port Harcourt on Wednesday. With them is Mr. Hebron Wisdom
Photo: Nwiueh Donatus Ken

The Independent National Electoral Commission (INEC) has urged the governorship Election Petition Tribunal for Rivers State to dismiss the application of the All Progressive Congress for forensic analysis of materials used for the governorship elections in the state.
Counsel to the Independent National Electoral Commission (INEC), the 1st respondent, Mr Ken Njemanze, (SAN) who urged the tribunal to dismiss the application at the resumed sitting of the three-member tribunal  at the Apo High Court complex, Abuja, said that the petitioner ought to have affected the issue of scanning and cropping when he told the tribunal in his earlier motion about the issue of inspection of materials.
According to Njemanze, there is an 11-paragraph affidavit before the tribunal to support the prayers of his client.
“The second prayer on the motion paper of the petitioner particularly on scanning and cropping of the ballot papers is alia to the Electoral Act.
“Section 151 of the act permitted only inspection and nothing more, therefore, the prayer of the petitioners is not in line with the makers of the act, so the tribunal should dismiss it, he said.
The Counsel to Wike, Mr Emmanuel Ukala also urged the tribunal to dismiss the application by the petitioners.
He said that his client had already filed a 14-paragraph on Aug. 22 to support the prayer and urged the tribunal to abide with its ruling of June 11 on only inspection and not scanning and cropping.
“The ruling of Aug. 19 has closed the issue of inspection, no matter how it was carved in another language, especially the language by the petitioners on the ‘whole wall of defense’.
“The tribunal cannot make another order on inspection.
‘’The issue of scanning and cropping of the materials is new words from the petitioners after it had already move a motion on earlier date similar to this.
“The tribunal cannot go beyond its order of June 11 on inspection of materials, more so, the issue of scanning and cropping arising outside the order of June 11 is now a subject matter in the Court of Appeal.
“All the parties in this matter were as before the Appeal court on Monday Aug. 24.
‘’The court has adjourned to hear the matter on Aug. 31, therefore, the tribunal should leave the parties to resolve the issue at the Appellate court, ’’ Ukala said.
According to Ukala, scanning and cropping of the materials will mean allowing private individuals to have access to such document and that it will pose danger and security to trivialise the issue.
Ukala stressed that scanning and cropping the materials could pose a danger in which the individuals would identify the pattern of voting and the party they voted for.
He also told the tribunal that such an idea was contrary to the principle of democracy which guaranty confidentiality of electoral process.
“The application by the petitioners is contrary to Section 77 of the electoral act, it is inappropriate and does not aid the petitioners application.
“Section 77 of the electoral act does not talk of scanning and cropping, no provision of the electoral act provides for that therefore the application should be struck out.’’
Also, Counsel to the People’s Democratic Party (PDP), Chris Uche, (SAN) urged the tribunal to dismiss the petitioners’ application, adding that the party had filed a 12-paragraph affidavit to support the prayer.
He said that the present application for scanning and cropping by the petitioners after the order June 11 was a complete gross abuse of the process of the tribunal.
According to Uche, Section 151 of the Electoral Act emphasises three times on inspection and not otherwise.
He also maintained that Section 77 was not available to the petitioner and that it only imposes duty on election for public office before a tribunal or court could be sought.
According to Uche, before tribunal or court can come in reference to Section 77, there must be an indication that such public officer could not perform the statutory duty express in the section.
He said that the application by the petitioners for scanning and cropping of election materials was bereaved.
Justice Muazu Pindiga, the Chairman tribunal adjourned on Aug. 28 to further rule on the application and to conduct question and answer for all the parties in the petition.
The All Progressive Congress (APC) has urged the Governorship Election Petitions Tribunal for Rivers to grants its application for forensic analysis of materials used for the governorship elections in the state.
Earlier, the party and its candidate in the April 11 elections, Dr Dakuku Peterside, had sought the nullification of the election of Governor  Nyesom Wike on grounds of alleged irregularities and fraudulent practices associated with the elections.
Moving the motion, Chief Akinlolu Olujinmi (SAN), Counsel to APC said that the petitioners sought forensic analysis of the document to proof allegations of falsification and allotment of votes for Wike.
He argued that the earlier order of the tribunal granting his client to inspect the election materials on June 11 would not suffice in proving the case.
Olujinmi alleged that the integrity of the inspected materials had been downgraded and therefore required a forensic analysis to ascertain their authenticity.
He also cited the provision of Section 77 of the Electoral Act as mandating the Resident Electoral Commissioner (REC) to give out the documents relating to the election at any point of demand.
“There is a whole wall of defense with the ruling on June 11, and the application we filed now is different.
‘’What we are seeking for now is to see the ballot papers of the election in question.’’