The supreme court has come up with reasons behind its Rivers election
verdict that affirmed the election of Nyesom wike as the validly
elected governor of the state
The crux of
the judgment is that the trial tribunal and the lower appeal court were
wrongly swayed by INEC guideline on the use of card readers for the
election.
The court also said that the trial tribunal denied Wike fair hearing when it was hearing the petition.
It
held that while it commends INEC for the introduction of card readers,
the innovation, however, cannot supersede the voters register.
The
court said that extant laws of the federation provides for the use of
voters register but the card reader irrespective of its importance does
not have a place in any extant law of the land.
Hence it said that the tribunal was wrong to base it judgment on non compliance with the use of card readers.
It
advised INEC to approach the National Assembly for an amendment to
incorporate the use of card readers in the law of the land.
On
the issue of allegation of violence and hijacking, the court held that
Dakuku was not able to prove beyond reasonable doubt because he failed
to bring in witnesses from all the polling units to substantiate the
claims.
The court also held that for peterside to prove non
accreditation, he ought to have tendered the voters register and then
demonstrate it.
The court said that the voters register could not
be jettisoned for the card reader because it has a place in law while
the card reader doesn’t.
The court also held that the tribunal and
the lower court were unduly swayed by INEC’s directive on card reader
usage during the election, adding that it cannot supersede the voters
register.
However, the court while noting that INEC is empowered
to make subsidiary regulations as regards election, said the regulations
must not go contrary to constitutional provisions.
On the
evidence of INEC staff known as PW40 who described the election as a
sham and a mockery of democracy, the court held that his evidence cannot
take the place of voters as he himself under cross exermination did not
say that he personally witnessed any violence but depended on hearsay.
Finally
the court held that to warrant nullification of an election, a
petitioner has to prove that there was substantial non-compliance in all
polling units, adding that they failed to bring the issue within this
parametre.
The court commended INEC for its innovation of the
smart card readers but was quick to add that validation of voting
process through the use of voters register takes precedent over any
other process for now.

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