The Rivers State Governorship Election Petition Tribunal sitting in the Federal Capital Territory (FCT) High Court, Apo has fixed Monday August 17, 2015 for ruling on separate applications by the Peoples Democratic Party (PDP), and Governor Nyesom Wike, seeking dismissal of the All Progressive Congress (APC) petition against the governor.
In the petition, the APC and its governorship candidate for the April 11 elections, Dr Dakuku Peterside are challenging the victory of Wike at the tribunal.
But the PDP filed a motion dated July 27, 2015, praying for an order of the tribunal dismissing the petition as being abandoned in consequence of non-compliance with provisions of paragraph 18(1) of First Schedule to the Electoral Act 2010 as amended.
Wike and INEC predicated their application to dismiss the petition on the ground that the petitioner failed to pay N100 for the filing and issuance of pre-hearing notice, Form TF007.
Counsel to PDP, Ken Njemanze (SAN) submitted that the petitioners failed to pay the necessary filing fees for the application made by their counsel, Chief Akin Olujimi (SAN), for issuance of Form TF 007(application for pre-hearing session).
Njemanze argued that the payment of such fees was statutory and constituted a condition precedent for the invocation of the jurisdiction of the tribunal
“It is our submission that payment of filing fee for such application is statutory and constitutes condition precedent for the invocation of the jurisdiction of this honourable tribunal.
“In the circumstance, my Lords, in law, there is no application for issuance of Form TF007 and we urge in the circumstance to dismiss this petition” he said.
Emmanuel Ukala (SAN), representing Wike also urged the Tribunal to dismiss the petition.
Ukala argued that failure to comply with provisions of paragraph 18(1) of First Schedule to the Electoral Act 2010 as amended with regards to filing of pre-hearing notice, “is fatal to the petition”.
He cited the July 22, 2015 dismissal of Hon. Emeka Ihedioha’s petition against Governor Rochas Okorocha by the Imo State Governorship Election Petition Tribunal for failure to pay filing fee for pre-hearing notice.
Also the Counsel for the Independent National Electoral Commission (INEC) Chief F.O Orbih (SAN), adopted the submissions of Njemanze and Ukala.
But counsel for Peterside and the APC, Chief Akin Olujinmi (SAN), asked the Justice Muazu Pindiga-led tribunal to dismiss the respondents’ application for lacking in merit.
Olujinmi insisted that since the application for the pre-hearing notice was by a letter to the Secretary to the tribunal, his clients were not liable to pay for filing fee as such was not specifically provided for in any law.
He maintained that Paragraph 2 of the TF007 only made provision for the submission of the form and not filing which would have warranted payment of filing fee.
He added that even if his clients were required to pay the fee, failure to do so could only amount to a mere irregularity which the tribunal could direct them to pay at any time.
He also maintained that his clients, like other parties to the petition, had made a deposit of N500,000 security fund to the tribunal, so the tribunal could easily deduct N100 from the said money if it was a must that the N100 fee must be paid.
Olujinmi, a former Attorney-General of the Federation added, “It is now settled that a petitioner can start a pre-hearing session by oral application. If I’m passing by, I can just ask the Secretary to the tribunal to issue Form TF 007. So am I going to pay for the voice?”
He urged the tribunal not to allow the justice of the petition to be defeated by mere technicality which the respondents’ applications were predicated.
But the respondents’ lawyers also insisted in their replies on points of law that non-payment of the fee was “not a mere irregularity” and that the Election Petition Tribunal Practice Direction 2011 provided for the payment of N100 for the filing of exhibit or “any other document”.
Ukala also said that since the security fund was meant for a specific purpose, money could not be deducted from it to pay for default of paying filing fees. Agency report
