Amaechi seeks to quash Omehia’s appeal over governorship poll

Rivers State Governor, Rotimi Chibuike Amaechi has asked the Supreme Court to quash a Court of Appeal ruling which gave the All Progressive Grand Alliance (APGA) governorship candidate in 2011 election, Celestine Omehia, the right to challenge a judgment of the Federal High Court which declared that Amaechi’s tenure ended on May 29th, 2011.

A People Democratic Party (PDP) chieftain, Cyprian Chukwu had in 2010 asked a Federal High Court in Abuja to interpret the Supreme Court judgment which in 2007 removed Omehia from office and pronounced Amaechi as the governor of the state.

The PDP chieftain asked the court to determine whether governorship election should be held in Rivers during the general election of April last year or later since Amaechi took the oath of office in October 2007 and not May 29, when other governors were administered with the oath of office.

Justice Abdul Kafarati in his decision said that governorship election in Rivers State must hold during the general elections of April on that basis the Independent National Election Commission (INEC) included Rivers in the list of states for the general polls.

Upon delivering the judgment Omehia who was not joined as a party in the high court suit then applied to the Court of Appeal to join him to enable him file an appeal against the judgment.

In an affidavit he deposed to, Omehia said, he wanted to seek election as governor of River State under the APGA flag and that for these two reasons he deserved to be given the chance to challenge the judgment of the High Court which he described as incorrect.

The Court of Appeal found merit in Omehia’s argument and granted him the right to appeal the high court judgment.

Dissatisfied with the Appeal Court’s ruling, governor Amaechi has filed an appeal at the Supreme Court arguing that the Court of Appeal erred in law to have joined Omehia.

In his appeal he stated that Omehia deliberately refused to tell the Appeal Court justices that he actually participated in the April 2011 general election on the platform of APGA and lost and the fact that he was a party in the Supreme Court judgment which the high court judge interpreted did not confer on him the right to be made a party since no relief was sought against his interest.