PDP in Confusion over 23 House of Assembly Seats in Rivers

After the sack of almost all National Assembly members by the Court of Appeal, the Rivers State chapter of the PDP, through its legal adviser, Benjamin Israel, on Sunday demanded the disqualification of the three appellate court justices – Ali Abubakar Gumel, Ridwan Maiwada Abdulahi and Nonyerem Okorokwo – from determining the cases of members of the State House of Assembly.

The National and State Assembly Appeals Panel for Rivers State, sitting in Abuja, last Friday and Saturday, upheld the ruling of the National and State Election Petitions’ Tribunal, which had voided the Certificates of Return given to three senators and all but one PDP House of Reps members.

The court upheld the tribunal’s ruling that a fresh election must be conducted in the three senatorial districts and all the affected federal constituencies.

But in a desperate move, the PDP has 

petitioned the President of the Court of Appeal, Justice Zainab Bulkachuwa, demanding the disqualification of the judges hearing the appeals of its 23 lawmakers in the House of Assembly, whose elections had earlier been invalidated at the tribunal.

Quoting 23 appeal numbers in an advertorial published on Sunday, the PDP legal adviser said: 

“The Peoples Democratic Party is respectively appellants and respondents in the above-listed appeals which are yet to be determined by the Court of Appeal. We demand respectfully, for an urgent change in the panel of justices who should hear and determine our appeals now pending in the Court of Appeal, Abuja Division.”

Mr. Israel, who gave the reasons for the PDP’s demand, made sweeping but unproven allegations against the Court of Appeal justices.

He said: “We have great doubts in the credulity and integrity of the panel to dispense justice as it is presently constituted. The panel consists of Hon. Ali Abubakar Babandi Gumel (Presiding), Hon Justice Ridwan Maiwada Abdulahi and Hon. Justice Nonyerem Okorokwo.

“Two weeks ago, Hon. Justice Ali Abubakar Babandi Gumel was seen with the former Governor of Rivers State, now Minister of Transport and a strong member of the All Progressives Congress, Rt. Hon. Chibuike Rotimi Amaechi, at the latter’s residence in Asokoro, Abuja. The former’s visit to Amaechi a forth night ago was however treated with levity by us.

“Only recently again, on 10/12/2015 at 10.00am, Hon. Justice Ali Abubakar Babandi Gumel, this time with his members – Hon Justice Ridwan Maiwada Abdulahi and Hon. Justice Nonyerem Okorokwo – at same Rt. Hon. Chibuike, Rotimi Amaechi’s Residence at Asokoro. The purpose of the visit of course should rather be imagined than told – to procure victory for the All Progressives Congress at the Court of Appeal, which in fact they did. This accounted for the commencement of the sitting of the court later than 4pm on 10/12/2015

“We have no confidence in the ability of the present panel to dispense justice. Our lawyers prepared and argued our cases on the assumption that the decisions of the Supreme Court of Nigeria on any point or issue of law are binding on all courts in Nigeria. We are aware of occasions when the Supreme Court has admonished all courts in Nigeria to obey and follow the decisions of the Supreme on all points and issues which the final court has already pronounced on.”

But, observers said the PDP in Rivers State had been living with the fear of their shadow. The elections of March 28 and April 11 that produced Governor Wike and state lawmakers failed integrity test.

“Were the judges in Rivers State there when the names of parties that didn’t participate in the election found their way on the result sheets?, a political analyst asked, adding that the law must take its course.