The Rivers State Governorship Election Petition Tribunal has reserved judgment in the petition filed by the defeated Governorship Candidate of Action Democratic Party (ADP), Mr Victor Fingesi against the re-election of Governor Nyesom Wike.
The Chairman of the Rivers State Governorship Election Tribunal, Justice Kingsley Orjiako said that the tribunal would inform the parties when judgment would be delivered.
The tribunal reserved judgment after all the parties adopted their final written addresses following the hearing of the petition.
However, lawyers to the Independent National Electoral Commission (INEC), the Rivers State Governor, Chief Nyesom Wike and the Peoples Democratic Party (PDP) have asked the Rivers State Governorship Election Tribunal to dismiss the petition filed by the Governorship Candidate of Action Democratic Party (ADP), Mr Victor Fingesi because the petitioner failed to lead evidence to prove his petition.
In his final written address, INEC’s lawyer, Garba Tetengi, stressed that the electoral commission presented the accurate and authentic results.
He said that the 2019 Governorship Election was conducted in substantial compliance with the Electoral Act and INEC guidelines, and noted that after the collation of results, Wike emerged victorious.
In his final written address, Counsel to Wike, Emmanuel Ukala (SAN) urged the tribunal to dismiss the petition because the ADP Governorship Candidate failed to prove the three grounds on which his petition is premised upon.
Ukala told the tribunal that the petitioner failed to prove his case beyond reasonable doubt as required by law.
Ukala said: ”One of the grounds requires he proves that illegal votes were credited to the winner of the election, which the petitioner is asking the court. There is nowhere that the petitioner showed that Wike obtained illegal votes. He couldn’t show that the results were not in line with the Electoral Act and INEC guidelines”.
Ukala said that the petitioner, in line with the Supreme Court judgment, ought to have called witnesses from the 4,442 polling units to prove that voting did not hold.
He said: “The allegation of non compliance in voting process needed to be proven beyond reasonable doubt. The Supreme Court had already provided a standard of proving no voting and the petitioner would have called voters in each of the pulling units in the entire state.
“There are 4,442 polling units in the governorship election, how many witnesses did they bring before the tribunal to prove their petition as required by law? They brought only two witnesses, one from Okrika LGA and the other from Etche LGA. This means they did not comply. It falls below the standard of the law”.
The counsel said that the petitioner led no evidence to prove that there were corrupt practices during the governorship election, adding that the petitioner’s evidence was lacking in quality and quantity, and so, should be dismissed by the tribunal.
Counsel to the PDP, Chief Godwin Obla said that the ADP failed to prove during the hearing of the petition that the election was marred by irregularities.
He said as long as collation of results was carried out, the petitioner has no locus standi to challenge the victory of the governor, and urged the tribunal to dismiss the petition.
Obla stated that the petitioner tendered certified true copies of the collated results for the 2019 governorship election and made no attempt to prove that the results were not the true reflection of the election, adding that the petitioner failed woefully to prove his case.
Similarly, the African Action Congress (AAC) State Collation Agent for the 2019 Rivers State Governorship Election, Mr Nenye Kocha has confirmed that Governor Nyesom Wike emerged victorious on the strength of the governorship collation between April 2 and 3, 2019.
Kocha, who appeared as star witness of AAC at the Rivers State Governorship Election Tribunal, last Monday, said all through the collation of results, there was no time that the defeated AAC governorship candidate led in the race.
Kocha, who is also the secretary of AAC, said that he was a registered member with party card registration number: AAC8016ONL, adding that he joined the AAC in August, 2018.
The AAC state collation agent told the tribunal that the party had only 418 agents across the 4,442 units in the state, emphasising that as a new party, they were able to clear only four House of Assembly candidates and one governorship candidate for the March 9, 2019 elections.
He revealed during cross examination by counsel for 2nd respondent (Wike), Emmanuel Ukala (SAN) that one Donatus Barikor from Gokana LGA and Henry Iyala from Degema LGA, who testified for Awara as the party collation agents, were imposters and not AAC members.
He further noted that there were no results collated for Gokana and Abua/Odual local government areas during the State Collation of the Rivers State Governorship Election.
The AAC witness said: “We had just four House of Assembly candidates and one governorship candidate. Out of the 32 seats in the Assembly, we only had four candidates. No candidate for National Assembly. We had collation agents in only 418 polling units across the 4,442 polling units in the state.
“No result was declared for Abua/Odual and Gokana LGAs as at the time of collation. INEC conducted the election in strict compliance of the Electoral Act and INEC guidelines”.
The AAC collation agent declared that he would not dent his integrity because of mere politics, emphasising that he was at the tribunal to declare the truth.
He said: ”Donatus Barikor for Gokana and Henry Iyala for Degema were not AAC party agents.
“This is the first time I am in politics, coming from industry I am in politics for integrity. APC adopted our governorship candidate two days to the election”.
Kocha admitted that at the party no longer has a deputy governorship candidate following the withdrawal of Chief Akpo Bomba Yeeh from the ticket.
He said that the AAC won in only two local government areas – Akuku-Toru and Oyigbo LGAs as clearly declared by INEC during the collation of results.
Nenye added that most of the witnesses presented in court by Biokpomabo Awara initially were not members of AAC, stressing that the AAC started in August, 2018 and only prepared for the election two days to the polls after it was adopted by the leadership of the APC.
Also, last Monday, a certified video clip presented by the African Action Congress through its subpoenaed witness, an African Independent Television (AIT) staff, Osademe Joseph, proved Governor Nyesom Wike as the winner of the 2019 Governorship election in Rivers State after the collation of results between April 2 and 3 of 2019.
Osademe told the Rivers State Governorship Election Tribunal that he was one of the producers of the live broadcast of the Rivers State Governorship election results collation held between April 2 and 3, 2019, at the state headquarters of the Independent National Electoral Commission (INEC), in Port Harcourt.
In the video clip played in court, INEC declared Wike winner of the poll with 888, 264 votes ahead of the AAC Gubernatorial candidate, Biokpomabo Festus Awara, who came second in the list with total of 173, 859 votes.
The video also confirmed the collation and declaration of Obio/Akpor LGA election results and non-declaration of Gokana and Abua/Odual LGAs by INEC.
Meanwhile, a serving Assistant Commissioner of Police in Rivers State, ACP Victor Onugbo, yesterday, tendered a document before the Governorship Election Petition Tribunal, authenticating the electoral victory of Governor Nyesom Wike during the March 9, 2019 election.
Onugbo, who serves at the State Criminal Investigation Department (SCID), Port Harcourt, appeared before the tribunal based on the court subpoena on the state commissioner of police.
Responding to questions from counsel to African Action Congress (AAC), Henry Bello, Onugbo told the tribunal that the document he presented was the incident reports of all that occurred during election, and added that the report was sealed by the Rivers State police command.
Onugbo also told the court that the then commissioner of police, CP Usman Belel, signed the documents of the results sheets after declaration of the winner of the March 9 election.
Also responding to questions from counsel for Governor Wike, Emmanuel Ukala (SAN), on whether it was a practice in the police that certified copies of the documents are kept in the custody of the command, Onugbo said all the documents were certified and kept in the custody of the Officer in Charge of Legal Matters at the command.
Onugbo also told the court that he was an observer during the election, and dismissed evidence that the police wwere indicted in the alleged electoral violence in the state.
Also, the AAC has closed cross examination of its witnesses with appearance of the ACP in court.
The tribunal adjourned till, today, for the Independent National Electoral Commission to present its witnesses.
However, speaking with newsmen outside the courtroom, the AAC counsel, Henry Bello, noted that his client has closed its case with the cross examination of the police officer who tendered evidence documents before the Tribunal.
He said: “It is not the number of witnesses you call that is important but the materiality of the evidence given by the witnesses. I am an advocate for change of a lot of things concerning the conduct of election litigation in Nigeria. Most of the things we do in election are basically documentary.
“It is my considered opinion that AAC as with these vital witnesses demonstrated a lot of things before the tribunal. We will await the decision of the tribunal on the points we have made before the tribunal.
“I had 1650 witnesses, I donated some of them to the 1st petitioner and they were able to call 20 out of the 500 we gave them”.
On his part, counsel to INEC, Woyike Livingstone, said “Today, the court has heard evidence from the PW23 in the capacity of the Assistant Inspector General of Police who was subpoenaed to come and give evidence in this regard and he has given evidence to the effect that the report which he tendered as an exhibit which was marked as Exhibit X1 were reports authenticating the victory of the Governor of Rivers State, Chief Nyesom Wike
“He has also given evidence to the effect that the report never in anyway indicted the security agencies or even INEC as an agency.
“And so today the 2nd Petitioner has closed their case and we optimistic by tomorrow when the tribunal reconvenes, INEC which is the commission which I represent will open their case for witnesses”.
Also speaking, one of the counsels representing the second respondent, Governor Nyesom Wike, Dike Udenna, noted that: “The 2nd Petitioner, AAC, a political party, they have closed their case today after calling a total of three witnesses, which has brought the total number of witnesses called by the petitioner to 23. So, it is now for the 1st respondent (INEC) to open and conduct their own defence’.