The Rivers State governorship election petitions tribunal has rejected the prayer by Governor Nyesom Wike of the Peoples Democratic Party (PDP) to prevent the All Progressives Congress (APC) and its candidate in the governorship election, Dakuku Peterside, from inspecting election materials.
The tribunal, yesterday, dismissed Wike’s motion, seeking, among others, an order staying the execution of the June 11, 2015, leave granted the petitioners (APC and Peterside) to conduct forensic inspection of materials, pending Wike’s appeal.
The petitioners, were, by the June 11 ruling, required to inspect and obtain certified true copies of the materials, to be tendered as exhibits in support of their case that the election was marred by irregularities.
The tribunal held that Wike’s motion was deemed abandoned because his lawyer, Emmanuel Ukala (SAN), chose to “dilly-dally” when given the opportunity to move it on Monday.
“The motion is deemed abandoned. He (Ukala) preferred to dilly-dally with the case. It is our considered view that in the circumstance the motion will not be determined on merit and same is hereby struck out,” tribunal Chairman Justice Mu’azu Pindiga said.
It also dismissed another motion by Wike, asking the tribunal to strike out the witness statements on oath made by some witnesses.
In another ruling, the tribunal refused the petitioners’ motion for an order directing the Independent National Electoral Commission (INEC) to transfer materials used for the election to Abuja for ease of inspection.
The petitioners had complained that INEC was working with Wike and the PDP to frustrate their inspection despite the order it granted on June 11.
It said granting the motion would amount to it (the tribunal) varying its June 11 order allowing the petitioners to inspect materials, noting that they did not file any motion seeking to vary the order.
The tribunal also refused another motion by the petitioners seeking an order directing that notices of preliminary objections, filed or intended to be filed, by the respondents, should only be allowed in their final written addresses.
The tribunal held that the motion had been overtaken by event, because some of such notices of preliminary objection had been heard and decided.
It rejected a motion by INEC for an order striking out the reply of the petitioners to its (INEC’s) response to the petition.
Justice Pindiga, who adjourned till next Monday, said two pending applications by INEC and Wike would be heard during hearing of the main petition.
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