Omehia Appeals Election Tribunal Ruling

The All Progressive Grand Alliance gubernational candidate in Rivers State in the April 2011 election, Sir Celestine Omehia has gone to appeal court to set aside the judgement of the Election Tribunal in the State.

Sir Celestine Omehia and APGA had faulted the Election Tribunal Judgement for failure to comply with the statutory provision of the Electoral Act 2010 as amended.

Sir Omehia and his political party APGA have challenged the declaration of Governor Chibuike Rotimi Amaechi of the People Democratic Party (PDP)  as the winner of the  April 2011 Governorship Election in the State.

In the notice of Appeal Sir Celestine Omehia and APGA are seeking a declaration to set aside  the Electoral petition tribunal judgement of 27th July 2011 on the ground that the tribunal erred in law in dismissing  their petition.

According to Chief Somina Elekima Esq, member of Sir Celestine Omehia and APGA Legal Team, the notice of Appeal has been filed since on the 10th August 2011 and court processes taken to serve on the respective respondents

He further  said that following the failure of the court’s  bailiff to properly served the 1st  and 2nd  respondents  Sir Omehia Legal Team has applied  for substitute service on the  respective  respondents.

He submitted that the Tribunal erred when it erroneously held that Omehia  and All Progressive Grand Alliance  (APGA) failed to comply  with the provision of the first schedule paragraph  of  (1) (2) (3)  & (4) and paragraph 47 (1) & (2) by writing a letter to the Tribunal’s secretary rather than the Tribunal for the issuance of  pre hearing notice was fatal to the Sir Celestine Omehia and APGA petition.

The learned counsel for the petitioners further added  that the judgement is legally strange in law considering  the fact that similar method adopted  by the petitioners had been held to be the proper position in law before other Election  petition Tribunals like in Benue State  and other states.

Philip Okparaji