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
There are indications that the much awaited swearing-in
ceremony schduled to take place all over the country on May
29, 2007 may not take place afterall as the Appeal Court in
Abuja on Wednesday failed to rule in the matter involving
Rotimi Amaechi and Omehia who are both involved in a legal
tussle over who is the rightful candidate of the PDP for the
April 14 governorship election held in the State. The Supreme
Court had lastweek ordered the Appeal Court
to hear the appeal and the cross-appeal on the merit of the
matter. The judgement which was delivered by Justice
Katsina-Alu had ruled that the Appeal Court erred in declining
jurisdiction and therefore ordered that the two appeals be
heard expeditiously. But when the matter came up for hearing at the Appeal Court
on Wednesday 22, 2007, counsel for Omehia, J.B.Daudu SAN told
the five-man panel that the court lacked juridsiction to
entertain the matter as the judgement of the Supreme Court did
not give reasons for referring the matter back to the Appeal
Court. After citing some cases, he urged that the matter be
refferred back to the apex Court. But in his arguement,
Counsel for Amaechi, Lateef Fagbemi told the Court that there
was a road Order made by the Supreme Court to the effect that
the Appeal Court must entertain the matter. He argued that it
is an Order which cannot be questioned acording to Section 28
of the Appeal Court
laws. After arguements by both Parties, the panel led by Justice
Rabiu Mohammed went on recess to enable it rule on the matter.
But in what looked like a mere delay tactis, the Court after
the short break said that it would rule on the matter on a day
convienient to the Court which would be communicated to the
lawyers. While speaking to journalists, Lateef Fagbemi said it
is the discretion of the Court to decide when to rule on the
matter but that he was optimistic that even though the road to
justice may be delayed but it would certainly come. J.B.Daudu
in his own said that the Appeal Court does not have the
jurisdiction to entertain the matter as the Supreme Court
should have ruled on the matter rather than sending it back to
the Appeal Court.
Meanwhile, this position of the Appeal Court
to suspend the matter indefinitely has heightened fears in the
camps of both contestants. Amaechi’s group believes that the
case would finally be determined in the favour of their
Principal no matter how long it takes. They adduce reasons
from the judgement of both the Appeal Court and the Supreme
Court in Araraume vs Ugwuh, wherein the two Courts ruled that
no cogent and verifiable reasons were given by the PDP and
INEC in substituting Araraume’s name with that of Ugwuh. They
also ruled that the reason of error given by PDP for the
substitution was not acceptable. Amaechi’s group argue that
aside external influence, the Court would rule in their favour.
A member of his group also warned of the consequences of
failure by the judges to uphold the Araraume judgement which
is a precedent to the case at hand. Omehia’s group are said to be banking on the support of the
governor’s wife who is also a Justice of the Appeal Court as
his Cross-Appeal may not be upheld. Though the opposition
Parties have also filed their petitions at the Election
Petition Tribunal sitting in Port Harcourt challenging the
candidature of Omehia on the judgement of an Abuja Federal
High Court presided over by Justice Murtala Nyako which had
set aside the substitution and withdrawal of Amaechi’s name
with Omehia on grounds that the action was sub judice, there
are also speculations that the Appeal Court would rule in
favour of Amaechi though the judgement if given prior to the
swearing-in would mean that the ceremony may not take place as
that would afford the opposition the opportunity of obtaining
a High Court Order restraining Omehia from being sworn-in.As
Rivers people await the determination of the matter by the
Appeal Court,
analysts say this may be a defining moment for the country’s
democracy as the Judiciary is expected to dispense justice
without fear of favour.
