As Omehia Battles Amaechi In Court, Today…

For the umpteenth time within the last five years, the people of Rivers State will be treated to a legal battle between Governor Chibuike Rotimi Amaechi and his cousin, Sir Celestine Omehia, over who is the rightful occupier of the new Brick House.

Since 2007 when Amaechi’s name was substituted with Omehia’s as the governorship candidate of the Peoples Democratic Party (PDP) in the state, the two cousins have been engaged in both political and legal duel. In all the contest, Amaechi has been able to snatch victory out of Omehia’s jaw. The first victory was achieved on October 25, 2007 when the Supreme Court pronounced Amaechi as the legitimate gubernatorial candidate of the PDP and by implication, the winner of the April, 2007 governorship election in the state.

Amaechi secured the second victory during the April, 2011 governorship election in the state when he took the shine off Omehia and other candidates to emerge the winner of the election. Since then, Omehia and his party, All Progressive Grand Alliance (APGA) have been challenging Amaechi’s re-election.

In an election petition filed before the Election Petition Tribunal headed by Hon. Justice Amina Wambia, Omehia’s legal counsel, C. O. Ejezie Esq argued that contrary to Section 182 (1) (g) of the 1999 Constitution and the Electoral Act, Section 138 (9) 2010 as amended, the first and second respondents, being Amaechi and his deputy, Engr Tele Ikuru, respectively, were not qualified to contest the election for their failure to resign, or withdraw or retire from the public service of Rivers State thirty days to the date of the governorship election held on April 26, 2011.

He also argued that by the provision of the Section 138 (b) (c) of the Electoral Act 2010 as amended, the election of Governor Amaechi was invalid by reason of non compliance with the provision of this Act and that the 1st and 2nd respondents were not duly elected by majority of lawful votes cast at the poll.

However, on Thursday, July 28, 2011, the governorship Election Petition Tribunal sitting in Port Harcourt, dismissed the election petition filed by Sir Celestine Omehia and APGA.

In their unanimous ruling read by the chairman, Hon. Justice Amina Wambai, the tribunal dismissed Omehia’s petition for failure to comply with the statutory provisions of the Electoral Act 2010 as amended under the first schedule paragraphs 18, (1)(2)(3) & (4) and 27 (1) & (2).

The tribunal said that on June 20, 2011 pleadings were closed between the petitioners and the respondents, but the petitioners being Sir Omehia and his party (APGA) failed to apply for the pre-hearing notice in a manner prescribed by the law.

The petitioners had hinged their argument on paragraph 47 (1) of the first schedule of the Electoral Act 2010, believing that a letter to the secretary of the tribunal, acted upon by the Tribunal chairman, was a valid compliance with the provision of Election Petition Tribunal for the pre-hearing notice rather than through application for motion to the tribunal.

Such letter, the tribunal said, did not suffice or constitute an application for motion of pre-hearing notice as statutorily provided. The tribunal therefore resolved that an ordinary letter did not amount to application for issuance of pre-hearing notice and that the tribunal was bound to comply with the provision of the law.

Dissatisfied with the ruling, Omehia headed for an appeal. Again, he lost. But Omehia would not give up. He was prepared to dare all odds to achieve victory. He therefore took the matter to the Supreme Court. After listening to his petitions, the superior court ordered that a new Election Petition Tribunal be set up to consider Sir Omehia’s and APGA’s petitions.

Today, the die is cast. The reconstituted Election Petition Tribunal sitting at Okrika High Court, Port Harcourt, has provided Omehia another opportunity to prove his case against Amaechi.

The main issue for today’s ruling borders on whether or not to expunge certain paragraphs from the petitioner’s affidavit or to outrightly strike out the petition for failure to join necessary parties.

The petitioner had, in certain paragraphs of his affidavit, accused the Joint Military Taskforce (JTF), the police, State Security Service (SSS) and some electoral personnel recruited by INEC of working for the PDP during the governorship election.

But Governor Amaechi’s lead counsel, A. Adedipe (SAN) is urging the reconstituted Election Petition Tribunal to strike out the petitioner’s case or in the alternative expunge certain paragraphs of the petitioner’s affidavit in support of his petition.

The Electoral umpire, the Independent National Electoral Commission (INEC), through its counsel, Emmanuel Ukala (SAN) is similarly canvassing the removal of certain paragraphs.

On the other side, Sir Omehia’s counsel, James Ezika is urging the tribunal to dismiss the objection raised by the counsel of 1st, 2nd and 3rd respondents, based on the fact that no particular paragraph was indicated in their submission.

According to a member of Sir Omehia’s legal team, Chief Somina Elekima, “we hope to move after the ruling today, we are ever prepared for the titanic legal battle for our victory.”

But Amaechi’s legal team declined comments, saying it is subjudice for them now to make comment, “Come after the ruling today, we will then comment,” he told The Tide.

Like every other tussle, today’s battle must produce a winner. But where the pendulum swings to would only be decided in the next few hours.

Boye Salau & Philip-Wuwu Okparaji