Rivers Guber : APC'S failure to discharge the burden of proof

(Nigeria) By Simeon Nwakaudu 

The  adoption  of final written  addresses  by parties at the Rivers State Governorship Election Petition Tribunal sitting in Abuja  threw up a very critical  issue. The obvious  failure  of the APC and her governorship candidate,  Mr Dakuku Peterside to discharge  the burden of  proof which  rests on  them because  of  their numerous  false allegations that bordered on violence, electoral fraud  and irregularities. 
During  the  adoption of written addresses, it was a shocker to everyone when the lead counsel  to the petitioner, Chief Akin Olujimi, SAN,  argued that  the  burden of proof should  be  transferred to the Respondents. 
This position  was a last resort by the desperate  petitioner as it was obvious  that  he neither  called  the  relevant witnesses,  nor tendered the right documents to prove his case. This failure is what has fatally  decimated the  petition.  Other than the earlier  propaganda  promoted by sponsored  media agents of the APC,  nothing was done practically  to adduce evidence in court. 
Therefore,  the Rivers  State APC and her candidate in the course of  a political game want the rules to be changed. Pray, why did the Rivers State APC allege that violence marred the  governorship election when they had no proofs? How on earth  would  they expect the weakness  of  their  case to be  rewarded by the tribunal?  A man who  asserts must prove! Frivolous  allegations  hold no water.
What the counsel to  Governor Wike, Emmanuel  Ukala, SAN,  said  is instructive. 
According to him : "You can see that based on the  evidence  that they called,  we had no reason  whatsoever to bother to  put in any witness. In a whole  state they called only three voters, in respect of which the decisions of the Supreme Court have always  said that  you must call one voter from every polling  unit. There are 5972 polling  units  and points in Rivers State. They called  only three voters and from  three different local government areas for that matter.  How could  they ever  dream to have started to  prove  their case?"
Ukala further  declared  that  the  Rivers State  APC Governorship  Candidate,  Mr Dakuku Peterside was not qualified to contest the April 11 election because  his nomination  contravened Section  85 (1), of the Electoral Act. 
He said  the  petition  is not properly  before  the  tribunal because  the Rivers State APC Gubernatorial candidate was not duly  nominated. 
The  Peoples Democratic Party, PDP, urged the  Rivers State Governorship Election Petition Tribunal to dismiss  the  petition  filed by Rivers State All Progressives Congress, APC, Governorship Candidate, Mr Dakuku Peterside because  it  lacks merit and substance. 
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.
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 Nyesom Wike was declared.  He said  such reports  will no longer  be  tenable.  
If not for propaganda  purposes,  why would  a political  party  approach  a tribunal  when it had no data to prove its allegations?
Despite  the  failure  of  the  petitioners,  the Independent National Electoral Commission, INEC, Governor Wike and the PDP  ensured that credible  witnesses  who participated  in  the  election  testified  at the tribunal  while all the relevant  documents  used for the election  were tendered and duly  admitted in evidence. 
With the  benefit  of  all the election  petition  tribunals  that have passed judgment  so far, either  in  the  governorship  or legislative  elections,  none has shifted the  burden  of  proof  to the Respondents. All the  tribunals  have  maintained  that the Petitioners are expected  to  prove their  cases on a polling  unit by polling  unit  basis with evidence  and credible  witnesses.  That is the position  of  the  law. Your guess is as good as mine.

Simeon Nwakaudu is Special Assistant  (Media )to the Rivers State Governor.