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Tag: Omehia

  • Court dismisses Omehia suit seeking reinstatement as Rivers former governor

    Court dismisses Omehia suit seeking reinstatement as Rivers former governor

    The Rivers State High Court has dismissed the suit filed in the form of an originating summon by Celestine Omehia, seeking to reinstate his recognition as a former governor of Rivers State.

    The court held that by the Supreme Court Judgement on Amaechi vs INEC & two others, Omehia remained an imposter and a pretender in the office of the governor of Rivers state.

    Omehia had in 2022 filed the originating summon challenging the decision of the Rivers State House of Assembly to derecognise him as a former governor and the action of former governor Nyesom Wike to grant his assent and gazette the House decision.

    He named the Governor of Rivers State, Attorney-General of Rivers State, the Rivers State House of Assembly, and the Speaker of the Rivers State House of Assembly as defendants.

    The government stripped him of the governorship status, removed him as a beneficiary of the Rivers State Former Governors and Deputy Governors Pension and Fringe Benefit Law No 6 of 2012 and asked him to refund N696,520,355.40 it erroneously paid him.

    Omehia among other declarative reliefs he sought wanted the court to declare that upon a proper construction of provisions 1 and 4 of the pension law and the Rivers State of Nigeria Official Gazette no 5 dated March 2nd 2012, he was a former governor and entitled to pensions and other benefits.

    He sought another declaration that upon a proper construction of the provisions of sections 1 and 4 of the pension law, the defendants cannot derecognise him as a former governor.

    He prayed for an order setting aside and nullifying the resolution of the legislative sitting of the fourth session of the ninth Assembly of the third defendants made on 6th October 2022 cancelling the instruments of his derecognition.

    But Justice Daketima Kio in his judgement that lasted over two hours held that after a broad, holistic and proper interpretation of the pension and Fringe benefits law, the claimant, Omehia, failed to establish a legal right to be entitled to all the declarative and Injustice reliefs he sought from the court.

    Kio said: “The claimant never held the office of the governor in the eyes of the law as he vacated that office before the expiration of his time for that office in breach of the provision of the 1999 Constitution as altered.

     While further interpreting sections 1 and 4 of the pension law, the judge who read the entire sections ruled that its purpose was to provide pension and other fringe benefits for the former governor and deputy governor of Rivers State.

    He said: “The main issue in this case is one of interpretation and application of provisions of Section 1 and four of the Rivers State former governor and deputy governor pension and fringe benefits law 2012.

    “It is necessary to state that while sections 125 (5) of the constitution limited itself to those removed from office as a governor or deputy governor as a result of impeachment, the Rivers State pension explained the status of those, who shall not be entitled to pension under the said law if such a governor or deputy governor was removed from office for a breach of any provision of the Constitution.

    “With this overwhelming documentary evidence, I hope that upon the facts as presented, the claimant has not discharged all burdens on him to be entitled to the reliefs he sought in the originating summons.

    “The documentary evidence of the claimant could not advance his own case. The same House of Assembly that has the authority to recognise him has also withdrawn the recognition accorded to him.

    “The claimant was unable to show the existence of any legal right which was breached by the defendants. He has not established the existence of a legal right in his affidavit in support of the originating summon to be entitled to the declarative reliefs sought from this court”.

    On the request of the defendants that Omehia should be compelled to refund N696,520,355.40 they wrongly paid to him,  Justice Kio ruled that the defendants paid the funds in their own violation and could not legitimately demand the refund paid wrongly by themselves.

    Besides, the court posited that the defendant’s counterclaim could not be entertained in an originating summons of the defendant.

    He said if they were desirous of retrieving the money, they should initiate a fresh proceeding for that purpose and not make demands on the claimant’s originating summon.

    Justice Kio said: “This submission is in the form of a counterclaim which an originating proceeding should not partake in. There is nothing like counter-originating summons in law.

    “This court seems to agree with the claimant’s counsel that these funds were earned legitimately under the resolution of the House of Assembly. The claimant did not apply to be considered and recognised as a former Governor of Rivers State.

    “The House of Assembly granted the status as a former Governor with full knowledge of the judgement of the Supreme Court. The claimant cannot be made to suffer the wrongs of the defendants. Demanding the refund of the funds is not only impracticable but also amounts to doing the impossible.

    “The defendants cannot legitimately demand the refund of the money paid wrongly to the defendants in the originating summon initiated by the claimant. If the defendants are interested in reclaiming this money they should have to go to court”.

    Explaining further on his decision to dismiss the claimant’s originating summons, the judge said his court was bound to follow the decision of the Supreme Court in the case of Amaechi vs INEC, which had described Omehia as an impostor and pretender, who was never a candidate of the PDP nor a former governor.

    Read Also: Omehia, the Greek and the gift

    “Once the supreme Court takes a decision that decision has the backing of the Constitution. This court therefore finds and holds that the perceived rights to the relief sought by the claimant is irrevocably extinguished by the Judgement of the Supreme Court in Rt Hon Rotimi Ameachi against INEC and two others which held that Omehia remains no more than a pretender to the office of Governor of Rivers State.”

    “On the whole, the originating summons dated the 18th day of October 2022 being destitute of any merit should be dismissed because the claimant has failed to make out a case to justify the grounds of his declarative and injunctive reliefs sought of this honourable court”

    “The exhibit which the claimant sought to rely on further exposed the poverty of his case in justifying this court to dismiss his case.”

  • Wike can’t overrule Supreme Court on Omehia – APC

    Wike can’t overrule Supreme Court on Omehia – APC

    The All Progressives Congress (APC), Rivers State chapter, has stated that Governor Nyesom Wike cannot overrule the Supreme Court on his Thursday’s recognition of Sir Celestine Ngozichim Omehia as a former Rivers governor.

    APC, through its Publicity Secretary, Chris Finebone, asked Wike, a former Minister of State for Education and ex-Chief of Staff to former Governor Rotimi Amaechi, to stop playing to the gallery.

    The Rivers APC insisted that Omehia was never “a governor in the eyes of the law,” according to the Supreme Court, wondering why Wike would prefer to play politics with the issue already decided by the apex court.

    APC said: “The Supreme Court explicitly declared that Omehia held the office of Rivers governor in error, illegally and ordered that Rt. Hon. Chibuike Rotimi Amaechi be immediately inaugurated as the rightful governor of Rivers State.

    “Apart from Rt. Hon. Chibuike Rotimi Amaechi, the next immediate beneficiary of that development was Barr. Nyesom Wike, who was shortly appointed Chief of Staff by Rt. Hon. Chibuike Amaechi. Can Governor Wike, in all honesty, recall drawing the attention of his former boss to the need to override certain aspects of the Supreme Court judgment and defiantly restore Omehia’s rights, howbeit, as he has just done? Can governor Wike today own up to several of the anti-Omehia actions he took as Amaechi’s Chief of Staff, until he was called to order?

    “Rather than feel surprised at the charade that the governor personally carried out on Thursday, the APC feels embarrassed that an individual, who is licensed to practice law within the Nigerian territory, would in the most flagrant manner, disregard the judgment of the Supreme Court of the land, for selfish political expediency. More embarrassing is that the recipient (Omehia) is himself a lawyer as well, who had previously sought to get the Supreme Court reverse itself in related matters without success.

    “The APC will like Rivers people and Nigerians to know that the action and utterances of Wike are nothing more than standing in front of the mirror for the world to see and confirm the real Wike, who is ready to abandon civility, reason and decency on the altar of political expediency.

    “Indeed, it does not matter to Governor Wike that as a lawyer, he should be at the vanguard of defending the pronouncements of courts rather than defying them. He should defend the laws of the land, rather than break them. He should think, act and talk like a governor and not just like any other citizen.”

    APC said: “We expect that if governor Wike was genuinely interested in rehabilitating Omehia, along the line he has taken, the best would have been for him to approach the Supreme Court to reverse its earlier decision on the matter and not resorting to self help. Indeed, there are other legitimate ways to reward a political associate, without breaking the law and defying state institutions.

    “The APC rejects the attempt by a sitting governor to undermine the integrity and sanctity of the judiciary, which is what Wike did yesterday (on Thursday), against the verdict of the Supreme Court of the Federal Republic of Nigeria.”

    The Rivers APC also stated that the action of the governor of the state suggested that he had abandoned the oath of office and oath of allegiance he swore to on May 29, 2015, right on top of the podium he stood.

  • Wike restores Omeha’s rights as former governor

    Wike restores Omeha’s rights as former governor

    Rivers  State  Governor,  Nyesom Ezenwo Wike  has  formally  restored  all the  entitlements  and benefits  of  Sir Celestine  Omehia  as a former  Governor of  the  state.

    Governor  Wike  on Thursday  also formally  reinstated  the  official  portrait  of  Sir Celestine  Omehia  amongst the  line-up of former  governors  of Rivers  State  at the Government House,  Port Harcourt  Executive  Council  Chamber.

    Performing  the  exercise,  Governor  Wike  said  that  the decision  to  restore the entitlements  and privileges  of Omehia  as former  governor  stemmed from the  fact that he worked as governor  of  the  state  between  May 29, 2007 and October  25, 2007, wherein he took decisions on behalf  of  the  State  and initiated projects.

    He said: “I hereby put back his official portrait among those of former governors. He is now entitled  to  the  benefits  of  all former governors. ”

    The governor  said   that the  era of politics of bitterness  in Rivers State  was effectively  over, noting  that  it was not right to personalise  governance  as was done  by  the  immediate  past  administration.

    Responding,  former  Governor  of  Rivers  State,  Sir Celestine  Omehia  described  Thursday  as the most historic  day of his political  career.

    He said that the restoration of his rights as a former governor indicates that his dark political days are over.

    The event  was witnessed by  the  Secretary  to Rivers  State  Government,  Kenneth  Kobani,  Rivers  State  Housing  Commissioner,  Barrister  Emma  Okah and the  State Attorney-General,  Chinwe  Aguma.

  • Omehia again loses bid to unseat Amaechi

    Omehia again loses bid to unseat Amaechi

    The final bid by the sacked governor of Rivers State, Sir Celestine Omehia, to unseat the incumbent, Rotimi Amaechi, collapsed at the Supreme Court yesterday.

    His lawyer, J. Ezike, also drew the ire of the apex court which took offence at his alleged use of abusive language against Amaechi’s counsel, Mr.Lateef Fagbemi (SAN).

    Accordingly, Ezike will be recommeded to the Nigerian Bar Association (NBA) for appropriate punishment.

    In its judgment, the apex court set aside the order of the Court of Appeal, Abuja, which granted Omehia leave on December 20, 2011 to be joined in an appeal before the appellate court against the judgment of the Federal High Court Abuja which held that Amaechi’s tenure would end on May 29, 2011.

    The case at the Supreme Court was initiated against the Court of Appeal’s decision, making Omehia a party in the appeal filed against the Federal High Court decision.

    Amaechi had argued that the Court of Appeal erred in law when it opened the door for Omehia to come in as an interested party when he was not a party to the main proceeding.

    The Supreme Court held that Omehia ought not to have been made a party in the suit challenging when Amaeechi’s tenure would expire.

    A chieftain of the people’s Democratic Party (PDP) in Rivers State, Cyprian Chukwu, had approached the Federal High Court, Abuja, to determine when Amaechi’ first tenure would end.

    Justice Abdulkadir Abdulkafarati of the FHC had given judgement in favour of Chukwu to the effect that Amaechi’s tenure ended on May 28, 2011.

    Amaechi appealed Justice Abdulkafarati’s judgment.

    While the appeal was on, Omehia applied to be joined as a party. His application was granted.

    Amaechi headed to the Supreme Court to challenge the appellate court’s decision

  • Omehia again loses bid to unseat Amaechi

    Omehia again loses bid to unseat Amaechi

    he final bid by the sacked governor of Rivers State, Sir Celestine Omehia, to unseat the incumbent, Rotimi Amaechi, collapsed at the Supreme Court yesterday.

    His lawyer, J. Ezike, also drew the ire of the apex court which took offence at his alleged use of abusive language against Amaechi’s counsel, Mr.Lateef Fagbemi (SAN).

    Accordingly, Ezike will be recommeded to the Nigerian Bar Association (NBA) for appropriate punishment.

    In its judgment, the apex court set aside the order of the Court of Appeal, Abuja, which granted Omehia leave on December 20, 2011 to be joined in an appeal before the appellate court against the judgment of the Federal High Court Abuja which held that Amaechi’s tenure would end on May 29, 2011.

    The case at the Supreme Court was initiated against the Court of Appeal’s decision, making Omehia a party in the appeal filed against the Federal High Court decision.

    Amaechi had argued that the Court of Appeal erred in law when it opened the door for Omehia to come in as an interested party when he was not a party to the main proceeding.

    The Supreme Court held that Omehia ought not to have been made a party in the suit challenging when Amaeechi’s tenure would expire.

    A chieftain of the people’s Democratic Party (PDP) in Rivers State, Cyprian Chukwu, had approached the Federal High Court, Abuja, to determine when Amaechi’ first tenure would end.

    Justice Abdulkadir Abdulkafarati of the FHC had given judgement in favour of Chukwu to the effect that Amaechi’s tenure ended on May 28, 2011.

    Amaechi appealed Justice Abdulkafarati’s judgment.

    While the appeal was on, Omehia applied to be joined as a party. His application was granted.

    Amaechi headed to the Supreme Court to challenge the appellate court’s decision

  • Supreme Court validates Amaechi’s election

    Supreme Court validates Amaechi’s election

    The Supreme Court on Friday validated the election of Rivers State Governor, Rotimi Amaechi.

    The apex court dismissed the petition filed by the defeated candidate in the Rivers State governorship election, Celestine Omehia, who vied for the Peoples Democratic Party’s ticket alongside Amaechi.

    In his petition, Omehia had contended that there was no vacancy in the Rivers State Government House when Amaechi was elected.

     

     

  • How Obasanjo, others forced Omehia on me –Odili

    How Obasanjo, others forced Omehia on me –Odili

    • Speaks on perpetual injunction against his trial

    A fresh light has been cast on the dark intrigues and succession crisis that trailed the choice of Mr.Celestine Omehia as the PDP governorship candidate in Rivers State in the 2007 election to take over from Dr. Peter Odili.

    Omehia went on to win the election only for the Supreme Court to upturn his emergence, and declared Mr. Rotimi Amaechi as the rightful candidate of the party and winner of the election.

    In a new autobiography, ‘Conscience and History – My Story’, Dr. Odili said he had already settled for Mr. Amaechi to succeed him until loyalists of the then President Olusegun Obasanjo raised hell and insisted that he must replace Amaechi.

    He bowed to the pressure leading to the emergence of Omehia.

    The development soon caused a break down in the years of friendship between him and Amaechi who had served as the Speaker of the Rivers State House of Assembly for the eight years of Odili‘s tenure as governor.

    In the freshly released book which sole purpose seems to be to correct the unsavory public impression and perceptions about the author’s reign as governor, the author also explains how the then President Obasanjo did not forgive him for supporting the groundswell of opposition against his (Obasanjo’s) bid to tinker with the 1999 constitution in order to serve a third term in office.

    The 511-page amorphous compendium of Odili’s life, school years, Biafran war odyssey and his days in office as governor of Rivers State is signposted by the intrigues that was the December 16, 2006 Presidential Primary of the Peoples Democratic Party, PDP and how Odili, who was supposedly the clear front runner, was shooed off the race by a “so-called” ‘EFCC interim report’ which ostensibly incriminated him.

    In chapter G of the book under the title, THE PLOT – THE GREAT GANG UP, Odili says: “with the failure of the constitutional amendments which included tenure elongation, campaigns for the presidency in 2007 took off about the 3rd quarter of 2006, across the country. By October/November my campaign, led by Dr Raymond Dokpesi had penetrated every state in the federation and it became obvious that the Odili candidacy had attained national acceptance and had become a movement. Odili was seen as the front runner, the candidate to beat. Traditional rulers, emirs, tribal leaders, labour unions, stakeholders, etc had embraced and were favourably disposed to Odili. For some inexplicable reason, the plot to stop him, by some people, became pathologically ‘urgent’. The PDP convention for the nomination of the Presidential Candidate was slated for 16th December, 2006.

    “The commissioning of the Omoku Power plant of 150 mega Watts and 120km double circuit Transmission line to Port Harcourt by President Olusegun Obasanjo, took place on 5th December, 2006… We were lauded very generously and extolled for the unprecedented feat.

    “Exactly one week later, 12th December, a spurious and anonymous petition was posted in the internet from a questionable ‘source’ alleging CORRUPT practices against the Rivers State Government under me. These allegations were converted into a petition by the EFCC (Economic and Financial Crimes Commission) under Nuhu Ribadu’s hand, to the President same day. On the 13th of December, 2006 Mr President directed EFCC to investigate. On 14th day of December, 2006, EFCC submitted a so-called “interim report” to the then President who promptly minuted for my response on the same 14 December, 2006 but forwarded to me on 15/12/2006, a day to convention vide ref. PRES/44. I assembled what was left of my cabinet team, a few having been arrested and kept at the EFCC in Lagos within these few days of urgent dramatic action. We submitted our response on the 15th day of December, 2006 by which time it had become clear what the whole exercise was about – “Get Odili out of the race for the Presidency, at all cost.”

    More controversial however, is Odili’s revelation on page 444 of the book that Malam Nuhu Ribadu had long confessed to Odili’s innocence and to the spuriousness of this ‘interim report’ deployed to nail Odili. For instance, at a venue in Maitama Abuja, Ribadu ostensibly, “denied authorship of the so-called ‘EFCC interim report’ of 2006 December which he signed”

    Apart from enumerating and showcasing the achievements of his administration, “Conscience and History” is a repository of the about half a dozen court processes the author went through to win his controversial perpetual injunction against his investigation and trial by the EFCC. His argument is that the constitution empowers only the States House of Assembly and the state’s auditor-general to carry out such functions in the federation. Both the state and the federal high courts upheld his position. All the arguments, submissions and judgments, in the minutest details are contained in the book.

    The book does not shy from highlighting the musketeers who stood to the last minute to ensure that not only did Odili not get the presidential ticket, his name was edited from the already prepared speech of the nominee, Umaru Yar’Adua which was to declare Odili vice presidential nominee. These men of steel gloves are Chief James Ibori, Chief Lucky Igbinedion and Dr. Bukola Saraki who were his fellow governors at that time. The others are Alhaji Aliko Dangote, Mallam Nuhu Ribadu and Nasir El-Rufai. Conscience and History is a book poised to set the tone of political discourse in Nigeria in the New Year.