Tribunal Dismisses Omehia’s Suit Against Amaechi

The Governorship Election Petition Tribunal sitting in Port Harcourt, Rivers State, has dismissed the election petition filed by the governorship candidate of the All Progressive Grand Alliance (APGA), Sir Celestine Omehia, challenging the declaration of Governor Chibuike Rotimi Amaechi of the Peoples Democratic Party, as the winner of the April 2011 governorship election in the state.

In their unanimous ruling read by the chairman, Hon Justice Amina Wambai, the tribunal dismissed Sir Celestine Omehia’s petition for failure to comply with the statutory provisions of the Electoral Act 2010 as amended under the First Schedule Paragraph 18 (1) (2) (3) & (4) and Paragraph 47 (1) & (2).

The tribunal said that on 20th June 2011, pleadings were closed between the Petitioners and the Respondents, but the petitioners failed to apply for the pre-hearing notice in a manner prescribed by law.

Hon Justice Amina Wambai said the petitioner’s counsel wrote a letter to the Secretary of the Election Petition Tribunal for the pre-hearing notice rather than through application for motion, directed to the tribunal, adding that such letter does not suffice or constitute an application for motion of pre-hearing notice as statutorily provided.

The tribunal’s chairman said  the various motions of the respondents M10 , M15 and M18 seeking the dismissal of the petitioner’s petition were consolidated because they virtually sought for the same relief of the dismissal of the petitioner’s petition for failure of compliance with the provision of the Electoral Act 2010.

The tribunal in dismissing the petitioner’s petition cited a plethora of legal authorities in arriving at their decision, stressing that the tribunal was guided by superior court decisions in similar circumstances.

Justice Wambai noted that the tribunal based its decision on the issues formulated for determination of whether a written letter qualifies for pre-hearing notice, or whether the petition is not entitled to be dismissed and whether a letter qualifies as application for pre-hearing notice of motion under the relevant provisions of the Electoral Act 2010.

The tribunal said the petitioner hinged the plank of his legal argument on paragraph 47(1) of the first schedule of the Electoral Act 2010, that a letter to the Secretary of the tribunal acted upon by the tribunal chairman was a valid compliance with the provision of the electoral law for pre-hearing notice.

But the tribunal said the respondent’s legal argument was based on the fact that by the provision of paragraph 47(2) first schedule of the Electoral Act 2010, the petitioner had strictly not complied with the relevant provision as envisaged by the Electoral Act.

The tribunal chairman noted that the tribunal resolved that an ordinary letter does not amount to application for  issuance of pre-hearing notice, adding that the tribunal is bound to comply with the provision of the law.

On the legal issue of the tribunal’s chairman acting on the said letter written to the secretary of the tribunal by the petitioner, Hon Justice Wambai said the tribunal erroneously acted on the letter and declared the action of the tribunal void.

The chairman said the issuance of forms TZ007 and TZ008  for the pre-hearing notice based on the petitioner’s letter was done without jurisdiction and therefore set aside such forms issued.

According to the tribunal chairman, the Governorship Election Petition Tribunal accordingly dismissed the election petition filed by Sir Celestine Omehia and APGA.

No cost was made by the tribunal since no party asked for cost.

Speaking to journalists after the dismissal of the petition by the tribunal, counsel to the APGA and Sir Celestine Omehia, Barrister James Ezike told newsmen that the tribunal erred in its ruling, adding that his client would appeal against the ruling.

Philip Okparaji

Wife of Rivers State Governor, Dame Judith Amaechi (middle) flanked by wife of the Deputy Governor, Dr Mina Ikuru (right) and wife of the Secretary to State Government, Mrs Stella Feyii, during the graduation of Young Women Entrepreneur at the Ministry of Women Affairs, on Wednesday.