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Omehia Cannot Challenge Judgement He Benefitted From – Fagbemi
Counsel to Governor Chibuike Amaechi at the Supreme Court, Lateef Fagbemi (SAN) says governorship candidate of the All Progressives grand Alliance in 2011 general elections (APGA), Sir Celestine Omehia was shooting himself on the foot by seeking to appeal against an election he participated.
Fagbemi made the assertion in a chat yesterday after the Supreme Court in Abuja struck out Omehia’s appeal to be a joinder to the suit on Monday in Abuja.
According to him, “Apart from being a candidate in that election there are other injuries he would suffer and in any event, there are certain benefits under that judgement, were it not for that judgement which he had chosen to appeal against he would have not participated in the elections that took place in 2011. Having taken benefit of the elections he has decided to shoot at it”.
The Senior Advocate of Nigeria (SAN) submitted that Sir, Omehia lacks the prejudicial rights to challenge the decision of the federal High Court that mandated INEC to conduct the Rivers state governorship election by April 2011.
He also argued that Omehia was a beneficiary of the judgement of the lower court and cannot at the same time challenge the judgement he benefitted from.
Fagbemi had earlier argued in the Supreme Court that the appellate court was wrong to have joined Omehia as a party, arguing that the governor’s applications for joinder was not properly field.
He maintained that Omehia’s application before the court of Appeal did not comply with the law.
In Fagbemi’s words, “there is a distinction between an appeal under section 241 of the constitution and that under section 243 of the same constitution. Under section 243, if you are not a part to a proceeding, you can only launch an appeal with leave of the court.
“Under section 241, you can appeal as of right if you are already a party. But once the time within which to appeal has expired, the position is that in addition to a relief of leave to appeal as an interested party, there must be the trinity prayers”, Faghemi stressed.
The current legal battle between Amaechi and Omehia commenced in 2010 when a PDP member, Cyprian Chukwu headed for an Abuja Federal High Court to challenge the Independent National Electoral Commission’s (INEC) timetable for the 2011 general elections, which had fixed Rivers state governorship poll for August 2011.
Chukwu had argued that since the Supreme court had in the judgement, which removed Omehia and installed Amaechi held that it was the PDP that won the April 2007 governorship election in Rivers State and not the candidate, Amaechi’s tenure ought to start counting from May 29, 2007, when Omehia was inaugurated, and not October 27, 2007 when he took the oath of office after the sack of Omehia.
Meanwhile, Publicity Secretary of the new Peoples Democratic party (nPDP), Chief Eze Chukwuemka Eze has hailed the Supreme Court dismissing Omehia’s prayers.
Chief Eze called on Wike and Omehia to give peace a chance in Rivers State, “while we congratulate Governor Amaechi on his latest victory we at the same time wish to appeal to Omehia and Wike and their co-travellers in this futile macabre dance to correctly read the handwriting on the wall and give peace a chance. There is limit to every plot”.
It saluted Amaechi for remaining focused despite huge distractions, saying the governor has continued to prove his mettle as a good leader of the people and have attracted all manner of awards and recognition.
The Renewed Hope Initiative in conjunction with the Rivers State Government has empowered 500 elderly citizens in Rivers State with financial support of N200,000 each.
The empowerment programme was part of activities to celebrate the third anniversary of the Renewed Hope Initiative Elderly Support Scheme RHIESS, a social investment policy initiated by the First Lady of the Federal Republic of Nigeria, Senator Oluremi Tinubu.
Speaking at the event which held at the Government House, Port Harcourt, recently, under the theme, ‘Finding Joy in Old Age,’ Senator Tinubu said the gesture which has become traditional since 2023 was a mark of gratitude in recognition of the invaluable contributions of the senior citizens to nation building.
The First Lady who was represented by the wife of the Rivers State Governor and State Coordinator of the Renewed Hope Initiative, Lady Valerie Fubara, said the scheme was to “support two hundred and fifty (250) vulnerable elderly citizens aged 65 and above in all the 36 states of the federation, the Federal Capital Territory, and veterans from the Defence and Police Officers’ Wives Association (DEPOWA) totalling 9,500 selected beneficiaries across the nation.
She urged the beneficiaries to engage in activities that will make them find joy in old age.
“I encourage you to continue playing your part by staying healthy and active, nurture both your body and mind through regular exercise and meaningful engagement,” Senator Tinubu advised.
On her part, Lady Fubara said the State Government through the magnanimity of the governor, Sir Siminalayi Fubara, has increased the beneficiaries of the programme from 250 to 500.
She restated the commitment of the State Government towards provision of social welfare and improving the standard of living of the elderly in the State.
Also speaking, the Executive Secretary, Rivers State Contributory Health Protection Programme (RIVCHPP), Dr Vetty Agala, said the State Government has through the Health4allrivers Initiative, introduced free medical care for senior citizens in the State, in line with the Renewed Hope Initiative.
The Nigeria Union of Journalists (NUJ), Rivers State Council, has urged the Economic and Financial Crimes Commission (EFCC) to expedite the prosecution of the Director of the now distressed MBA Forex Trading, Mr. Maxwell Odum, in the interest of justice.
The Rivers State NUJ made the appeal during a courtesy visit to the EFFC’s Ag. Zonal Director, ACE Hassan Saidu, in Port Harcourt, recently.
The council’s chairman, Comrade Paul Bazia, said the appeal became imperative after it considered the number of Nigerians and others involved in the financial misconduct.
According to him, it has caused hardship among many households in the country and should be given the attention it deserves.
He said that investors cannot come into a country or invest in an economy or nation ridden with fraud.
This, he said, has made it more imperative to arrest, prosecute and convict alleged fraudsters like the MBA Forex Director, who is alleged to have defrauded thousands of unsuspecting Nigerians, to serve as a deterrent to others.
The chairman also requested that while the trial lasts, part of the swindled funds should be given to the victims that suffered loss and trauma as a result of the fraud.
The NUJ reiterated its resolve to change the narrative of reportage from crisis to developmental communication.
According to him, the NUJ’s main focus is blue economy and tourism.
He expressed the readiness of the Council to partner the agency in the area of information dissemination.
“We believe you have a responsibility to fight financial crimes. We also know that you need the Press to publicize your activities and NUJ can provide that,” he said.
Responding, the Zonal EFFC’s boss commended the NUJ’s vision to change the narrative of reporting from crisis to developmental communication.
According to Saidu, the Western world have since imbibed such culture, hence the negative stories about them are carefully sifted to allow only positive ones to be released to the outside world.
As for the trapped funds to be released, the EFCC Zonal Director stated that only the court can authorize such action, stressing that the primary responsibility of the Commission is to arrest and prosecute.
He pledged to partner with the NUJ now that the leadership has visited the Commission.
The Head of the Legal & Prosecution Department, DCE Odiase Stephen, corroborated the Zonal Director’s position and stressed that it was only when the matter has been determined by the court that such funds can be released.
He further stated that once a matter is before a court of competent jurisdiction, it cannot be discussed outside.
By: King Onunwor
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