The supreme court on Friday, explained why it declared Nyesom Wike, candidate of the Peoples Democratic Party (PDP) in the April 11, 2015 governorship election in Rivers State, as the duly elected governor of the state.
The court held that the judgment of the appeal court affirming the judgment of the election petition tribunal sacking Wike was a nullity because the governor did not get a fair hearing as the facts he presented were not considered by the tribunal.
It said the tribunal was improperly constituted, explaining that Suleiman Ambursa, chairman of the tribunal, passed judgment in error because he did not sit over the initial hearing of the case.
Ambursa replaced Mu’azu Pindiga, who was removed in the middle of the hearing of the Rivers governorship election petitions. It held that Dakuku Peterside, candidate of the All Progressives Congress (APC) in the governorship poll and respondent in the appeal, was unable to prove that an election did not take place in Rivers State, on April 11.
The supreme court explained that the burden of proof was on Peterside to prove that the election was marred by wanton violence, and that it did not take place. The court had upturned the judgment of both the election petitions tribunal and the appeal court nullifying his victory at the April 11, 2015 poll.
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