Malachy Uzendu and Iheanacho Nwosu
26 October 2007
Abuja — SUPREME Court of Nigeria yesterday ordered Chief Celestine Omehia, who was sworn on May 29, 2007 as Rivers State governor, to vacate the office immediately.
The apex court also ordered that immediate past Speaker of the state's House of Assembly Hon. Rotimi Chibuike Amaechi be sworn in immediately as state governor because he was the authentic candidate of the Peoples Democratic Party (PDP) which was returned as winner of the April 2007 election in the state.
Already, Amaechi has welcomed the Supreme Court ruling affirming him as the authentic candidate of PDP for the April 2007 governorship election in the state as victory for democracy and the rule of law.
Amaechi, in a statement signed by the state's commissioner for information during Governor Peter Odili's regime Magnus Abe said there was "no victor, no vanquished", in the case.
Abe said that Amaechi had expressed readiness to work with everybody in the state explaining that the legal battle on the governorship matter was not on personal grounds but for the preservation of democracy.
He commended the people of the state for their steadfastness and prayers, promising to serve the state in a way that the residents would be happy and fulfilled.
Meanwhile, the Supreme Court's decision removing Omehia and installing Amaechi came in a unanimous ruling on a lingering petition brought by Amaechi challenging his party's substitution of his name as the nominated governorship candidate with that of Omehia.
Presiding Justice Aloysius Katsina-Alu who gave the order in a unanimous judgment of seven justices of the apex court, noted that PDP did not follow the prescriptions set out in section 34 (2) of the Electoral Act, 2006, in substituting Amaechi's name for Omehia in the said election.
After hearing the submissions made by leading counsel in the appeal filed by Amaechi, Justice Katsina-Alu, who led his colleagues to immediately make the court's verdict known, said the reasons for arriving at the decision would be made public on January 18, next year.
He stated that the narrow issues canvassed by the counsel bordered on an earlier decision of the court in the case involving Chief Charles Ugwuh and Sen. Ifeanyi Araraume, Imo State, in which the court decided that substituting the name of a candidate within 60 days must fully comply with the letters of section 34 (2) of the Electoral Act, adding that simply stating that it was an error did not satisfy the letters of the Act.
"In this case, the same reasons were relied upon by the counsel to which this court declared that inscribing the word "error" did not satisfy the requirements of the Electoral Act.
Deciding on the arguments put forward by the counsel to Omehia, PDP and Independent National Electoral Commission (INEC) that Amaechi was indicted by a panel of inquiry, the Supreme Court declared that "the submissions of the respondents are untenable because no indictment against Amaechi exists or is known to law.
"There is no indictment that applied against the applicant (Amaechi); indeed, he was never charged before any court of law.
"He (Amaechi) remains the governorship candidate of PDP in Rivers state in the 14th April, 2007, governorship election," the Supreme Court declared.
Giving its judgment on the arguments canvassed by the respondents that Omehia was covered by constitutional immunity (Section 308 of the constitution); "the section is not tenable because the wrong upon which the action emanated, did not inure to the 2nd respondent (Omehia)".
On why the apex court had to take a final decision on the matter, Justice Kastina-Alu stated that having declared the appellant (Amaechi) the candidate of PDP in the election, every legal consequential question should be answered.
"It is my view that the candidate of the PDP in the election was the appellant (Amaechi). In the eyes of the law, he was the candidate and should be deemed to have won the election.
"The court has the right to grant reliefs to do substantial justice without regard to technicalities. The only way to ensure that his rights are restored is to declare that he (Amaechi), not the 2nd respondent (Omehia) must be deemed to have won the election.
"The decision of the court of appeal fails and is hereby set aside. I hereby declare the appellant (Amaechi) the one entitled to be on the seat of the governor of Rivers state.
"Chief Celestine Omehia should immediately vacate the office of the governor of Rivers state while the appellant, Mr. Chibuike Amaechi, should immediately be sworn in as governor of the state. I make no order as to costs. The reasons for arriving at this decision will be given on 18th January, 2008", Justice Katsina Alu said.
Reacting to the decision, leading counsel to Amechi, Chief Lateef Fagbemi (SAN), said the judgment was an indication that the judiciary remained the last hope of the common man.
On his part, Messrs. Joseph Daudu (SAN), Omehia's lawyer and Joe Kyari Gadzama (SAN), INEC's lawyer, said they would abide by the court's decision as they have no other option.
Thousands of political watchers who thronged the court including Mr. Emmanuel Onwubike, a governing council member of the National Human Rights Commission (NHRC), applauded the Supreme Court justices for their forthrightness and exhibition of independence.
Sacked Rivers State governor, Sir Celestine Omehia, has described the Supreme Court ruling removing him from office as an act of God.
Reacting to the apex court judgement, Omehia through his Commissioner for Information, Emma Okah, said that he bore no grudge against anybody over the turn of event.
He called on the people of the state to support the government of Hon. Rotimi Amaechi, stressing that the interest of the state was above personal ambitions.
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