The Rivers State Governorship Election Petition Tribunal sitting in Abuja had dismissed a preliminary objection raised by Governor Wike on the territorial jurisdiction of the tribunal and the failure of the President of the Court of Appeal to consult the Rivers State Chief Judge and President of the Customary Court of Appeal before constituting the tribunals. Dissatisfied, Governor Wike approached the Appellate courts.
In a lead judgment read by Justice Sanusi (JSC), the Supreme Court held that the President of the Court of Appeal had the powers to transfer the sitting of the tribunal to Abuja to safeguard the lives of the judges and their staff.
The Supreme Court also ruled that in view of the fact that Rivers State had no Chief Judge or Customary Court of Appeal, there was no possibility for the President to have consulted them before the constitution of the tribunals.
The court unanimously held that based on the doctrine of necessity the President Court of Appeal acted in the right direction.
The Supreme Court further noted that the case of Ibori versus Ogboru cited by lawyers to Governor Wike was different from the present situation as the tribunal moved out of Delta State on its own accord and not on the strength of security.
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