PDP, INEC, Wike urge tribunal to dismiss APC petition

(Nigeria) The  Peoples Democratic Party, PDP, has urged the  Rivers State Governorship Election Petition Tribunal to dismiss  the  petition  by Rivers State All Progressives Congress, APC, governorship candidate, Mr Dakuku Peterside because it  lacks merit and substance. 
Also, Rivers State Governor,  Nyesom  Wike called  on the tribunal  to dismiss the petition  as the petitioner  failed  to  prove the several unfounded  allegations  against his election  on April 11, 2015.
This is as the Justice Suleiman Ambrosa-led  Rivers  State  Governorship  Election Petition Tribunal adjourned  for judgment  after counsels to the Respondents  and Petitioners adopted  their  written  addresses  on Thursday. 
The Independent National Electoral Commission, INEC,  also urged the  tribunal  to dismiss  the  petition  declaring  that the burden of  proof  rests with  the  petitioner, who failed to  discharge  same before the  court.
The APC, however,  urged the  tribunal  to grant the  reliefs sought in their  petition .
In his submission,  Counsel  to  the  PDP, Chief Wole  Olanipekun  ( SAN ) noted that  the  petition  is incompetent, pointing  out  that  the  tribunal  has no jurisdiction  to amend the  petition of the APC, especially the outlandish reliefs already  abandoned by the  defeated political  party. 
He stated  that  whilst  the petitioner  alleged  several  cases of violence  and abduction  of  voters, the petitioner  failed  to  lead any in that direction  or call any witness  to prove  his claim.
Counsel  to  INEC,  Dr Onyechi Ikpeazu, SAN, failed  to  prove  his  allegations polling unit by polling  unit, noting  that  the  few witnesses  called  by the  petitioner were not participants  in the  election  as directed  by  the  Supreme  Court. 
He said  the  soldiers,  mobile policemen and DSS  operatives  invited by the  APC gave generic and contradictory evidence which have no relevance  in relation  to voting  at the polling  units,  hence their testimonies  are unreliable. 
The INEC counsel  declared that on the premise of  the  Supreme  Court  judgment  in the case between  Buhari  and Obasanjo,  INEC  guidelines  cannot  supercede the Electoral Act,  noting  that  accreditation  is not restricted  to  card readers.
He added that  the  reports tendered  by the  Rivers State APC were rejected  by  INEC before the  return of Governor Wike was declared.  He said  such reports  will no longer  be  tenable. 
In his submission, counsel to Wike, Mr Emmanuel Ukala, SAN, declared  that  the  Rivers State  APC governorship  candidate,  Peterside was not qualified to contest the April 11 election because  his nomination  contravened Section  85 (1), of the Electoral Act. 
He cited the case of Wike V Labour Party wherein the  Appeal  Court  held that Section  85 (1) of  the  Electoral Act  is critical  to the  nomination  of  a candidate. 
He said  the  petition  is not properly  before  the  tribunal because  the Rivers State APC Gubernatorial candidate was not duly  nominated. 
Ukala said that the  failure  of  the  petitioner  to call Witnesses  who conducted the election  was fatal  to his case. 
He said  out of the 5792 forms available for the conduct  of  governorship  election, the Rivers State APC only tendered  about  3000 forms contrary  to  the  law which stated that  all the  forms be tendered. 
In his submission,  counsel to the Rivers State APC,  Chief Akin Olujimi  (SAN ), urged the  tribunal  to  gant  his petition,  pointing  out  that  the  burden of  proof  rests  with  the  respondents. 
He said  though  the  card readers do not replace  the  voters registers,  they are vital to credible  accreditation.