…Says Pursuit of Justice Continues
… Describes National APC withdrawal from the Tribunal as a wicked, unjustifiable and unjust paving way. For the unjust judgement by the State Gubernatorial Tribunal
Erstwhile National Publicity Secretary of the defunct New People’s Democratic Party and chieftain of the All Progressives Congress, Chief Eze Chukwuemeka Eze has called on progressives in Rivers State to remain calm after the Tribunal judgement of Monday, October 2, which struck out the petition of the party’s governorship candidate in the 2023 elections, Pst. Tonye Cole on flimsy and unsound reasoning.
In a statement made available to the media Wednesday, the APC chieftain said the judgement though a temporary hi-cuff to the hopes of Rivers people to a better Rivers State, assured that the pursuit of justice continues regardless.
Recall that the Rivers State Governorship Election Petition Tribunal sitting in Abuja, on Monday, dismissed the petition of Tonye Cole on the sole ground that the party – National All Progressives Congress withdrew from the matter.
Disagreeing with the judgement, Eze quoted Section 133 of the Electoral Act, 2022 which provides under subsection 1 thus:
(1) An election petition may be presented by one or more of the following persons;
A candidate in an election; or
A political party that participated in the election.
It is thus evident that only the candidate or party in an election can bring an action to challenge the conduct or outcome of an election.
From that categorical provision of the Act cited above, Chief Eze elucidated that Tonye Cole being the 1st Petitioner in the matter can sustain the case as of right, the party’s withdrawal notwithstanding.
It is settled that candidate in an election and the party that sponsors him cannot be one and the same person for the purpose of an election petition. The law gives them independent recognition and rights they can file the petition together in their individual capacities and the law does not make them one and the same for this purpose.
He said the withdrawal ought to have been discarded and the matter decided on merit and not to be used as a point to dismiss a case as strong as Tonye’s.
Eze hinted that the withdrawal was part of the Tinubu/Wike deal and noted that it is a bad precedent for Tinubu to sell out his own party just to please a fellow whose political antecedents render him unfit for any role in our body polity and tumultuous democratic journey.
He assured that the party will not give up until the state is rescued from those who have held her hostage and stagnated her advancement in the last eight years.
