The Rivers state election petition tribunal sitting in Abuja on Monday struck out the application of Nyesom Wike, governor of the state, seeking to dismiss the petition of the All Progressives Congress (APC) challenging the April 11 election.
Wike, the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) had requested that the election petition tribunal to dismiss the petition filed by the APC and its governorship candidate, Dakuku Peterside on the grounds of “technicality” and for failing to comply with customary procedures by not paying N100 “filing fee” for pre-hearing notice.
In an application which Emmanuel Ukala, counsel to Wike, filed last Friday, he argued that the failure to pay the N100 filing fee was a breach of the electoral act and prayed that the petition be given a “befitting burial”.
However, Akin Olujimi (SAN), counsel to the petitioners, urged the court to strike out the application by the respondents for lacking merit.
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He argued that it was not prescribed anywhere in the electoral act that fees should be paid for such an action.
The tribunal upheld his argument, stating that the application of the petitioners cannot be thrown out on the grounds of minor legal fees.
It subsequently urged both counsels to present their cases for hearing.
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After the ruling, counsel of the APC, Olujimi in a motion, prayed the court to enforce its earlier judgment on granting the plaintiff access to inspect electoral materials used in the Rivers gubernatorial election.
But Ukala objected, arguing that there was already motion at the appeal court challenging the order of the tribunal granting access to the APC to inspect the electoral materials.
Ukala further argued that the tribunal was divested of jurisdiction on the matter; hence prayed for a stay of the judgment.
The tribunal has adjourned to Wednesday for ruling on the motion.
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