Weekly ISSN: 1596-4280 is Published by THE BEAM
Productions Limited, #64/66 Nsukka Street, Mile 1 Diobu, Port
Harcourt, Abuja-Ground Floor, Coscharis Plaza Opp Union Bank, Area 3,
Garki Abuja All Correspondence to the
Editor, Festus Ugworah
The battle over who flies the PDP flag for the Governorship
election in Rivers State seems to have been settled when on
Thursday, March 15, 2007, a Federal High Court in Abuja
presided over by Justice Binta Murtala Nyako delivered her
judgement over a suit, FHC/ABJ/CS/29/2007, filed by Rt. Hon.
Chibuike Rotimi Amaechi challenging the substitution of his
name with that of Barrister Celestine Omehia by the Peoples
Democratic Party, PDP, through the Independent National
Electoral Commission, INEC. Justice Nyako in a judgement which
may have appeared ambiguous had ruled that it is the ultimate
decision of the Party to change its candidate through the
right procedure which the PDP had undertaken within the
stipulated time frame of 60 days as required by the Electoral
Act of 2006. But she ruled that the act of substitution done
by the 1st defendant, INEC, was done while the case was in
court for determination and was therefore set aside. By this,
it means that the purported substitution of Amaechi’s name
with Omehia is declared null and void. It reads, ‘‘On the
Independent National Electoral Commission acting on exhibit D,
while the case is subjudice, I find that that is a reprimand
able act and the proper thing to have done is await the
outcome of the suit and on the authority of Ojukwu Vs
Government of Lagos State, any action done pursuant to exhibit
D while this case is subjudice is hereby set aside’’ Exhibit D
contains the letter written to Prof. Maurice Iwu, the INEC
Chairman by the PDP dated February 2, 2007 and signed by Sen.
Dr. Ahmadu Ali-National Chairman and Ojo Maduekwe-National
Secretary. It reads, ‘‘RE: Forwarding of PDP Governorship
Candidate and Deputy-
Rivers State. Barrister Celestine Ngozichim Omehia and
Engineer Tele Ikuru are PDP Governorship and Deputy
Governorship Candidates for RiversState.
Barrister Celestine Omehia substitutes Hon. Rotimi Amaechi
whose name was submitted in error. This is for your necessary
action. The said exhibit D also contains the Notice of
withdrawal/Substitution of Candidate in Pursuant to section 34
&36 of the electoral Act 2006 and the INEC form for the
submission of the name of a candidate for a political party.
This aspect of the judgement contained on the sixth page is
the actual spinner that gave Amaechi victory for a second
time.
Though there are fears that the PDP and INEC may not comply
with the ruling, the Judge had also pointed out that that the
inability of a Party to follow the procedure would also mean
that they would not be able to field a candidate at all.
Meanwhile there is confusion in the state chapter of the Party
as there are fears that if the matter is not properly handled,
the odds may be against the Party as that would give the other
opposition Parties may become the ultimate beneficiaries of
the crisis. It is not yet clear what the next action would be
for Omehia who seems to be enjoying the full support of Gov.
Odili and the leadership of the Party. But there are
indications that his lawyers led by Okey Wali Esq may have
headed to the Appeal Court
requesting the upper Court to set aside the judgement of the
lower Court. Counsel for Amaechi, L.O. Fagbemi has also headed
for the Appeal Court
to seek a declarative statement by the Upper Court that his client remains the authentic candidate of
the Party. Despite an earlier claim by Omehia that he has been
declared the only authentic candidate of the PDP for the
governorship election, there are growing fears that he may be
docked for contempt as we gather he was misled by one of his
lawyers who had quickly put a call through to him immediately
after the judgement was read, saying that it was in his favour.
A mild drama had ensued in Court the next day while both
parties waited to pick up copies of the judgement. Counsel for
PDP, Gadzama, had on seeing the copy of the judgement
expressed shock that it was not in their favour. Though the
INEC Chairman was on air to claim that the case was closed
against Amaechi, we gathered that he may have been misinformed
or worst still may be playing the script of his paymaster.
Though many legal luminaries have believe that the Judge did
not make a declarative statement, but based on her judgement
that the substitution was done while the case was already in
Court, they also believe that it would be futile for the
defendant to go on Appeal as the Court cannot set aside the
issue of contempt as committed by INEC. This judgement may
have also caused a divide within the already cracked Party as
unconfirmed reports say those responsible for legal matters in
the state have also advised against further pursuant to the
case. It is not yet certain when the Speaker would return to
kick-off his campaign but his supporters believe that since he
is the popular choice, it would not be a hard nut to crack.
The crisis in the State chapter of the PDP some say may also
be a way by supporters and members of the Party to pay back
the Party for denying the Governor the closest opportunity of
becoming the President of the country thus realising the dream
of the people of the South-South.
