July 19, 2007
A Federal Appeal court sitting in Abuja today ruled against former speaker of Rivers State, Rotimi Amaechi on the legal challenge over his disqualification by the People's Democratic Party (PDP) after winning the primaries to become the candidate for the party.
The Appeal court ruled that PDP's excuse for disqualifying Amaechi was that he had been indicted by the EFCC , saying that was sufficient enough reason for disqualifying Amaechi.
The case is expected to proceed to the Supreme Court.
By Felix Nnamdi/Abuja
In a unanimous judgement read by Justice Audu Aboki, the Court of Appeal, sitting in Abuja this morning, upheld the judgement of the Federal High Court and struck out the appeal instituted by Hon. Rotimi Amaechi, against the nomination of the incumbent Governor of Rivers State, Sir Celestine Omehia by the state leadership of the PDP.
The court held that the appeal lacked merit and therefore struck it out.
Justice Aboki, who read the judgement prepared by Justice Adekeye held that no court had the power to impose a candidate on a party, since Rotimi Amaechi has been expelled by the PDP.
Justice Aboki also made reference to the EFCC list and held that the list provided the missing link in PDP’s letter which did not provide cogent and verifiable reasons for the substitution of Amaechi for Omehia.
He also held that the trial judge was in error for not taking judicial cognisance of the EFCC list on the indicted persons.
The court maintained that Hon. Rotimi Amaechi was properly substituted.
Reacting to the judgement, Amaechi’s counsel, Lateef Fagbemi, SAN, expressed gratitude that finally the Court of Appeal was able to come up with a judgement, no matter the angle it took.
He declared that with this judgement, the road had finally been cleared for the matter to get to the Supreme Court, where he strongly believes that his client would obtain justice.
The Court of Appeal also this morning ruled in favour of Chief Gani Fawehinmi, in a matter he instituted challenging the judgement of the Federal High Court which held that he cannot question the payment made to the former Internal Affairs Minister, Ambassador Adeniyi Adeniji and his finance counterpart, Chief (Mrs.) Ngozi Okonjo-Iweaka in foreign currency by the federal government.
In the judgement, Justice Aboki ordered the two former ministers to refund the excess of the amount they received from goverment as salary in foreign denomination currency.
Before the Appeal Court judgement was delivered, the political spectrum of Rivers State, especially the state capital, Port Harcourt, has been gripped by palpable tension as they await the Appeal Court ruling on the matter between the former speaker, Chief Rotimi Amaechi and incumbent Governor Celestine Omehia, on the legitimate candidate of People’s Democratic Party in the last April polls.
As a result, the Rivers State Police Command read the riot act to groups or persons who may want to protest for or against the ruling of the court.
Mr. Felix Ogbaudu, the Rivers State Commissioner of Police, said security agencies have been informed that some groups had perfected plans to protest and cause mayhem in the state after the ruling. He warned that the police command will deal ruthlessly with such group or persons.
On Tuesday, supporters of Omehia had turned out in large numbers to demonstrate their support for him.
They turned out in a large convoy of vehicles, unmolested by the police and were even escorted to the government House and were received by Mr. Tele Ikuru, the deputy governor who represented the governor.
The leader of the group Mr. Mike Nweilegha, an apologist of the PDP, though the chairman of the Rivers State Conference of Nigeria Political Parties, CNPP, said they came to pay solidarity to Governor Omehia and pledge their loyalty. He condemned those he called trouble makers who are fighting the governor from Abuja.
But in a swift reaction, spokesman for Amaechi’s supporters and publisher of Rivers Telegraph, Ogbonna Nwuke, denied the insinuations by the government of Rivers State that Amaechi’s supporters planned to cause mayhem.
“What Amaechi is fighting is for the rule of law to be entrenched in our democracy. And he wants to ensure that no longer can a few members of a cabal decide the fate of Rivers State and this country.”
According to him, the supporters will abide by the rule of law.
In a telephone chat this morning, he told P.M.News that whatever the ruling of the Appeal Court, it will not end the matter, until the final decision of the Supreme Court.
“Amaechi and his supporters will abide by the court ruling,” he said.
The Appeal court ruled that PDP's excuse for disqualifying Amaechi was that he had been indicted by the EFCC , saying that was sufficient enough reason for disqualifying Amaechi.
The case is expected to proceed to the Supreme Court.
By Felix Nnamdi/Abuja
In a unanimous judgement read by Justice Audu Aboki, the Court of Appeal, sitting in Abuja this morning, upheld the judgement of the Federal High Court and struck out the appeal instituted by Hon. Rotimi Amaechi, against the nomination of the incumbent Governor of Rivers State, Sir Celestine Omehia by the state leadership of the PDP.
The court held that the appeal lacked merit and therefore struck it out.
Justice Aboki, who read the judgement prepared by Justice Adekeye held that no court had the power to impose a candidate on a party, since Rotimi Amaechi has been expelled by the PDP.
Justice Aboki also made reference to the EFCC list and held that the list provided the missing link in PDP’s letter which did not provide cogent and verifiable reasons for the substitution of Amaechi for Omehia.
He also held that the trial judge was in error for not taking judicial cognisance of the EFCC list on the indicted persons.
The court maintained that Hon. Rotimi Amaechi was properly substituted.
Reacting to the judgement, Amaechi’s counsel, Lateef Fagbemi, SAN, expressed gratitude that finally the Court of Appeal was able to come up with a judgement, no matter the angle it took.
He declared that with this judgement, the road had finally been cleared for the matter to get to the Supreme Court, where he strongly believes that his client would obtain justice.
The Court of Appeal also this morning ruled in favour of Chief Gani Fawehinmi, in a matter he instituted challenging the judgement of the Federal High Court which held that he cannot question the payment made to the former Internal Affairs Minister, Ambassador Adeniyi Adeniji and his finance counterpart, Chief (Mrs.) Ngozi Okonjo-Iweaka in foreign currency by the federal government.
In the judgement, Justice Aboki ordered the two former ministers to refund the excess of the amount they received from goverment as salary in foreign denomination currency.
Before the Appeal Court judgement was delivered, the political spectrum of Rivers State, especially the state capital, Port Harcourt, has been gripped by palpable tension as they await the Appeal Court ruling on the matter between the former speaker, Chief Rotimi Amaechi and incumbent Governor Celestine Omehia, on the legitimate candidate of People’s Democratic Party in the last April polls.
As a result, the Rivers State Police Command read the riot act to groups or persons who may want to protest for or against the ruling of the court.
Mr. Felix Ogbaudu, the Rivers State Commissioner of Police, said security agencies have been informed that some groups had perfected plans to protest and cause mayhem in the state after the ruling. He warned that the police command will deal ruthlessly with such group or persons.
On Tuesday, supporters of Omehia had turned out in large numbers to demonstrate their support for him.
They turned out in a large convoy of vehicles, unmolested by the police and were even escorted to the government House and were received by Mr. Tele Ikuru, the deputy governor who represented the governor.
The leader of the group Mr. Mike Nweilegha, an apologist of the PDP, though the chairman of the Rivers State Conference of Nigeria Political Parties, CNPP, said they came to pay solidarity to Governor Omehia and pledge their loyalty. He condemned those he called trouble makers who are fighting the governor from Abuja.
But in a swift reaction, spokesman for Amaechi’s supporters and publisher of Rivers Telegraph, Ogbonna Nwuke, denied the insinuations by the government of Rivers State that Amaechi’s supporters planned to cause mayhem.
“What Amaechi is fighting is for the rule of law to be entrenched in our democracy. And he wants to ensure that no longer can a few members of a cabal decide the fate of Rivers State and this country.”
According to him, the supporters will abide by the rule of law.
In a telephone chat this morning, he told P.M.News that whatever the ruling of the Appeal Court, it will not end the matter, until the final decision of the Supreme Court.
“Amaechi and his supporters will abide by the court ruling,” he said.
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