The Court of Appeal sitting in Port Harcourt on Monday upheld the re-election of Rivers State Governor, Nyesom Ezenwo Wike as they struck out the appeal filed by the defeated Governorship Candidate of Action Democratic Party (ADP), Mr Victor Fingesi.
Victor Fingesi approached the Court of Appeal after losing at the Rivers State Governorship Election Tribunal, which delivered judgment in the governor’s favour on October 5, 2019.
Ruling on his appeal on Monday, the Court of Appeal, in a unanimous judgment, struck out the Appeal by Mr. Victor Fingesi, describing it as lacking in merit” and “incompetent”.
In a lead judgment, Justice H.N Ogunwimiji declared that the ADP Governorship Candidate failed to prove his allegation that the election that Wike won was marred by irregularities.
Justice Ogunwimiji stated that the ADP Governorship Candidate couldn’t adduce evidence that would further his case and lead to invalidation of the election of Governor Wike in the March 9, 2019 governorship polls.
The Court of Appeal further stated that “anyone who asserts must lead relevant evidence to prove such allegations.”
Furthermore, the court affirmed that INEC has the power to take action on elections when emergencies arise, stressing that the election body derived such powers from Section 26 (1) of the Electoral Act.
It also held that the petitioner lacked the locus standi to file the petition as earlier ruled by the Rivers State Governorship Election Tribunal.
