Court dismisses AAC’s suit seeking fresh election in Rivers

…PDP hails court verdict, says declared results show Wike Is clear winner

Andrew Orolua and Tunde Opalana, Abuja

The Federal High Court Abuja, on Tuesday, dismissed the suit filed by the African Action Congress (AAC) seeking for a fresh election of the Governorship and House of Assembly elections in Rivers.

Justice Inyang Ekwo dismissed the suit on the grounds that it is a pre-election matter and as such the court lacks the jurisdiction to entertain it.

The AAC had in their originating summons prayed the court to stop INEC from resuming, collating and concluding the March 9 election results in Rivers State and from declaring any person or group as winners of the poll.

The plaintiffs further urged the court to order a fresh election since according to them the widespread violence that characterized the election has affected the credibility of the polls.

But ruling on the preliminary objection filed by the 2nd defendant, Justice Ekwo held that the matter, being a post-election case ought to be heard by an election petition tribunal and not the Federal High Court or any other court.

He said though the matter brought before the court concerns the credibility of the March 9 Governorship and House of Assembly election which was marred by violence and other issues, the fact remained that election has been held and jurisdiction shifted from the Federal High Court to the tribunal.

Justice Ekwo held that the reliefs sought by the plaintiffs are post-election reliefs and since election matters are statutory, the Federal High Court cannot grant them.

“Once election has been held, any dispute arising from the election are matters for the tribunal”, he held.

Justice Ekwo subsequently declined jurisdiction and ordered the dismissal of the case for want of jurisdiction.

He added that since the preliminary objection of the 2nd defendant succeeds and is hereby upheld, it would be pointless to go into the main suit.

The AAC had in the substantive suit asked the court to stop the Independent National Electoral Commission (INEC) from proceeding with the collation, conclusion and announcement of results in the March 9 Governorship and House of Assembly election in Rivers State pending the determination of their suit.

The party alongside Engr. Biokpomabo Awara and Ben-Gurion Peter, citing widespread violence and other electoral malpractices, called for the cancellation of the Rivers polls and a fresh one be conducted instead.

Respondents in the suits are the INEC and Peoples Democratic Party (PDP).

Meanwhile, the Peoples Democratic Party (PDP) has hailed the Federal High Court over its decision to quash attempt by people described as enemy of Rivers State to stop the Collation of Rivers State Governorship Election on Tuesday.

The party hailed the court for saving the nation’s democratic process by throwing out the suit by “anti-democratic forces” working for the All Progressives Congress (APC), in their desperate plot to scuttle the collation of results of the March 9, 2019 Rivers State Governorship election.

The PDP described the ruling as well as the collation exercise as the triumph of the will of the people of Rivers State, who freely gave their mandate to the PDP and its candidate, Governor Nyesom Wike.

In a statement by its spokesperson, Kola Ologbondiyan, the party noted that the sweeping victory being recorded by Govenor Wike, even in areas hitherto considered as opposition fortresses, clearly exposes the reason behind APC’s desperation to scuttle the collation process.

The party said “the court ruling rekindles the hope by Nigerians on the capacity of the judiciary to uphold the will of the people, particularly, in the overall quest by Nigerians to reclaim the Presidential mandate, which they freely gave to the PDP Candidate, Atiku Abubakar, at the February 23, 2019 Presidential polls”.