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.