The restoration of Mr Celestine Omehia’s status as a former governor by incumbent Governor Nyesom Wike may be revoked following a suit instigated by Mr John Williams and taken out by his counsel, Olugbenga Adeyemi.
The defendants, Wike, Omehia and the Attorney- General of the state have been dragged before ta Federal High Court in Abuja.
The court is to determine the following questions:
Having regard to the clear, mandatory and unanimous judgment of the Supreme Court in Appeal No. SC. 252/2007 between Honourable Rotimi Chibuike Amaechi v. Independent National Electoral Commission and 2 ors delivered on Friday, January18 ,2008 that declared that the swearing-in and appointment of Mr Celestine Omehia as the executive Governor of Rivers State, on May29, 2007, was illegal, null and void and of no legal effect, whether or not the 1st defendant did not act ultra vires to confer on the self-same Mr Celestine Omehia, 3rd defendant, the status of a “former governor” of Rivers State by bestowing on the said 3rd defendant all the rights and privileges of a former governor.
Having regard to the clear, mandatory and unanimous judgment of the Supreme Court in Appeal No. SC. 252/2007 between Rotimi Chibuike Amaechi v. Independent Electoral Commission and 2 ors delivered on Friday, January 18, 2008 that declared that the swearing-in and appointment of Mr Celestine Omehia, as the executive governor of Rivers State on May 29, 2007, was illegal, null and void and of no legal effect.
whether or not the 1st defendant could rightly impugn, disregard, disrespect, disobey, jettison, undermine, frustrate, sabotage or deliberately misinterpret or refuse to follow and apply the judgment of the self-same Supreme Court by the purported restoration of the 3rd defendant’s rights and privileges as a former governor of Rivers State.
Having regard to the clear, mandatory and unanimous judgment of the Supreme Court in Appeal No. SC. 252/2007 between Honourable Rotimi Chibuike Amaechi v. Independent Electoral Commission and 2 ors delivered on Friday, January18, 2008, that declared that the swearing-in and appointment of Mr Celestine Omehia ,as the executive governor of Rivers State on May29, 2007, was illegal, null and void and of no legal effect, whether the purported restoration of the 3rd defendant’s rights and privileges as a former governor of Rivers State was/is not illogical, unnatural, illegal, unconstitutional, null and void and of no effect whatsoever.
The reliefs sought include
*A DECLARATION that the 1st Defendant acted ultra vires to confer on the 3rd Defendant the status of a “former Governor” of Rivers State by bestowing on the said 3rd Defendant all the rights and privileges of a former Governor.
*A DECLARATION that the 1st Defendant cannot or could not rightly impugn, disregard, disrespect, disobey, jettison, undermine, frustrate, sabotage or deliberately misinterpret or refuse to follow and apply the judgment of the self-same Supreme Court by the purported restoration of the 3rd Defendant’s rights and privileges as a former Governor of Rivers State.
*A DECLARATION that the purported restoration of the 3rd Defendant’s rights and privileges as a former Governor of Rivers State was/is illogical, unnatural, illegal, unconstitutional, null and void and of no effect whatsoever.
*AN ORDER setting aside the purported restoration of the 3rd Defendant’s rights and privileges as a former Governor of Rivers State.
*AN ORDER of perpetual Injunction restraining the 1 and 2nd Defendants from further restoring the 3rd Defendant’s rights and privileges as a former Governor of Rivers State.
In the 17-paragraph supporting affidavit, the deponent Williams, claimed “That in or about 2006, one Rotimi Chibuike Amaechi who was the immediate past Governor of Rivers State emerged as the gubernatorial candidate of the Peoples Democratic Party (PDP) and the said party submitted his name to Independent National Electoral Commission (INEC) as the Party’s candidate.
“Within a short while thereafter, the name of the said Rotimi Chibuike Amaechi was substituted with the name of the 3rd Defendant herein on the purported basis that the name of Amaechi was forwarded to INEC in “error” and thus the 3rd Defendant contested the 2007 election on the platform of the PDP which eventually won the election. He was thereafter sworn-in as the Executive Governor of Rivers State.
“That in the meanwhile, Amaechi challenged his unlawful substitution at the Federal High Court but lost. He appealed to the Court of Appeal which Court also dismiss his case on the basis that the action had become academic in view of the fact that a Governor had been sworn-in.
“Not satisfied yet, Amaechi appealed to the Apex Court which overturned the decisions of the two lower Courts vide its judgment in Appeal No. SC. 252/2007 between Rt. Hon. Rotimi Chibuike Amaechi v. Independent Electoral Commission and 2 ors delivered on Friday, 18th January, 2008.