|
RIVERS GUBER: Omehia Appeals, Amaechi Returns
Despite several attempts by the Publicity Sub- committee of
the PDP Campaign Organization to distort the recent verdict of
a Federal High Court in Abuja which voided the attempted
Withdrawal/Substitution of the name of Rt. Hon. Rotimi
Chibuike Amaechi with that of Barrister Celestine Omehia, it
is now confirmed that Omehia has gone to the Appeal Court to
challenge the decision of the Court which was presided over by
Justice Binta Murtala Nyako. The Cross-Appeal with No. CA/ABJ/20007
and Suit No.FHC/ABJ/CS/29/2007 filed by Celestine Omehia
against Chibuike Amaechi, Independent National Electoral
Commission, INEC and the Peoples Democratic Party, PDP as
respondents was dated 27/3/07 and tendered in Court by Counsel
for Omehia by Emmanuel C. Ukala Esq. SAN as the Appeal by
Amaechi came up in Court for hearing on Wednesday, March 27,
2007. The Court which is presided over by Justice Olufunmilayo
Adekeye and two others had a difficult time as Counsel for
Omehia, Joe Agi Esq. was not prepared for the case having
tried hard to file a notice of preliminary objection where he
argued that the Court lacked the jurisdiction to entertain the
matter since he said his client was not duly served. But
Counsel for Amaechi, Lateef Fagbemi, SAN argued that the Court
had allowed him to serve Omehia’s counsel through a
substituted service by publishing the notice of records in two
National Dailies, reason being that efforts by the Court
bailiff to serve Omehia in
Port Harcourt
met a brick wall. According to Fagbemi, the bailiff on arrival
at Omehia’s residence was asked to return in an hour’s time in
which he complied but on return, the road to Omehia’s house
had been barricaded. After a two-hour session of arguments by both parties,
counsel for PDP, Mr. Joe Gadzama who had earlier filed a
Cross-Appeal asked Agi to accept service in order to help the
Court proceed on the case as time was of essence. The
presiding Judge also warned of the danger in such delays as
the case was time-bound considering the fact that election was
at the corner. Justice Adekeye who frowned at efforts by Joe
Agi to delay hearing also wondered why Omehia would file a
Cross Appeal if he had not been duly served, a point which
Fagbemi maintained that the proper thing to have been done was
for Omehia’s Counsel to go to the Court and take the
processes. After the long drama, the case was adjourned till
Monday, April 2, 2007 for hearing.
Meanwhile a copy of the Cross Appeal by Omehia shows that
he is challenging part of the decision of the Lower Court
which says, “On the issues for determination as raised by the
2nd Defendant:- The Plaintiff’s suit is justifiable because he
has gone so far in the electoral process and has moved from
the realm of purely domestic or kitchen affair of a political
Party to involve the action or role of a 3rd party outsider.
The Plaintiff may not have a constitutional right to be
sponsored for election by the 3rd Defendant but once the 3rd
Defendant had encouraged him and made him to believe that it
was going to sponsor him for an election, then he has a moral
right particularly where he has complied with all the
requirements placed before him by the 3rd Defendant…… The crux
of the Plaintiff case is that as at 2nd February 2007 when
this exhibit D was written, this case was subjidice and that
even if the 2nd and 3rd Defendants were not parties in the
suit then, the 1st Defendant was and he was bound not to act
on the said exhibit D so as to preserve the Res litigation…..
On Independent National Electoral Commission acting on exhibit
D while the case is subjudice, I find that that is
reprimandable act and the proper thing to have done is await
the outcome of the suit and on the authority of the case of
Ojukwu vs. Government of Lagos State, any action done pursuant
to exhibit D while this case is subjudice is hereby set
aside…. Secondly, any action taken by the 1st Defendant
pursuant to exhibit D while this case is subjidice is set
aside” In this case, Omehia has affirmed that by the decision
of the
Lower Court, his candidature has been nullified therefore he is
seeking that the
Appeal Court
voids the judgment. (See details of the Appeal on next page)
This is also in sharp contrast with the position of the
Publicity Committee which had published advertorials in both
National and Local tabloids denying claims by the Amaechi
group that Omehia had filed an Appeal. In a statement signed
by the Chairman of the Committee, Opunabo Inko-Tariah, he said
that it is only the sick that have need for a physician and
since Omehia had won the case at the Lower Court, there was no
need to Appeal.
Meanwhile, there are also fears by Omehia’s counsel who
have somewhat in their Appeal avowed that by the said judgment
of Justice Nyako wherein she cited the case of Ojukwu vs. the
Military Governor of
Lagos State,
status quo has been maintained. They argue that the power of
the Court to restore status quo is discretionary and that the
two cases are not the same going by the facts and
circumstances of the present case.
Having admitted that status quo has been maintained,
Omehia’s lawyers have confirmed the position of the PDP
SUCCESS MOVEMENT. The groups who are working for the emergence
of Yaradua and Jonathan in a release made available to The
Beam have described Inko-Tariah’s position as ‘politics of
deceit’. While the legal battle continues, Omehia has
continued his campaigns while enjoying the support of the
state governor who described Omehia’s loyalty to him as
‘unconditional’ during a rally at Buguma, the headquarters of
Asari Toru Local Government Area. It is not certain how the
battle would end as the Court says it would rule on the matter
before the Easter break preceding the election week.
Supporters of Amaechi are hopeful that he would emerge
victorious and may not need much campaign in order to win the
election considering his popularity. The Omehia group also
believe that even if the case is decided in favour of Amaechi,
INEC may not obey the Court Order considering the way and
manner which they have been flouting Court Orders in recent
times. In view of this, Counsel for Amaechi has written Prof.
Maurice Iwu, Chairman of INEC over the judgement of the
Lower Court.
In a letter dated 16th March, 2007, Lateef Fagbemi SAN,
informed the Commission of the judgement which had set aside
the substitution of AMAECHI’S NAME WITH Omehia while the case
was in Court. Fagbemi had asked the Court to set aside the
action by INEC as it was sub-judice. They are also asking the
Commission to abide strictly by the pronouncement of the Court
which means that Amaechi remains the lawful candidate of PDP
in respect to the April, 2007 Governorship election in Rivers
State. (See attached copy of the letter) There are also fears by some political analysts in the
state that the PDP may not field a candidate in the state if
the matter is not properly handled. The Beam also gathered
that there are plans for a political solution to the matter as
the case may be eventually withdrawn from the Court. It is
believed that the Speaker of the Rivers State House of
Assembly, Chibuike Amaechi may return next week to the
country. He was alleged to have left the shores of the country
due to undue pressure from different quarters. Some say he was
being pressurized by the Economic and Financial Crimes
Commission, EFCC, to impeach Gov. Odili over alleged corrupt
practices. Amaechi’s refusal to do the bidding of the crime
busters also caused him the PDP ticket after he had won the
Party’s Primaries with an overwhelming majority.
back to top^^
|
