When Ameachi took Omeha to court over being elected under the PDP as governor, the court acknowledged that the people voted PDP and not Omeha and by virtue of the fact that Ameachi won the primaries of the party before his travails, that he is the rightful Governor of Rivers State.

Considering his suspension by the same party that a court upheld to have been elected by the people and not the individual. Wouldn't it be in place for the party to hand over the mandate of PDP to member of the party of their choice. Remember their is a legal precedence.

Just asking... Can lawyers interpret further?

I here PDP is working out modalities to execute the principle behind the judgement and that is why the pro Ameachi members just got suspended.

Nigeria laws have many loopholes and many court rulings can be interpreted in several ways.

if Ameachi leaves pdp for example, pdp can argue that he seizes to be governor because pdp won the election. However atiku left pdp to ac but remained vp in a pdp presidency.

If pdp expel Amaechi, pdp can claim he no longer remain the governor while Amaechi can claim other wise. But in that scenario pdp will simply swear another governor, maybe the vice while Amaechi will be roaming from one court to the other trying to regain his mandate.

Just that it will be messy and gej is not really the brash type.

ogb5: Nigeria laws have many loopholes and many court rulings can be interpreted in several ways.

if Ameachi leaves pdp for example, pdp can argue that he seizes to be governor because pdp won the election. However atiku left pdp to ac but remained vp in a pdp presidency.

If pdp expel Amaechi, pdp can claim he no longer remain the governor while Amaechi can claim other wise. But in that scenario pdp will simply swear another governor, maybe the vice while Amaechi will be roaming from one court to the other trying to regain his mandate.

Just that it will be messy and gej is not really the brash type.

Ameachi should simply seek peace. It is dire to lose your mandate and then flee or deal with EFCC. So since it was applied in his instance, it can play out again.

I never thought of this until now. Well, I'm not a lawyer But this is serious. Has Amaechi considered this angle?

I think this should hit the Home page so that our lawyers can make more informed input to this discussion.

duality: I never thought of this until now. Well, I'm not a lawyer But this is serious. Has Amaechi considered this angle?

It is a quagmire for him. So many weaknesses yet he decided to fight a sitting President. Another angle is that Omeha asked a competent court to interpret the implication of Ameachi re-contesting elections when he hasn't completed his first tenure; which was three yeas gone before 2011. Constitutionally, Ameachi aired. Thus all these loop holes re amzing options the party and other stakeholders can explore.

Moderators are pro Ameachi, so it only a wishful thinking for you to think it wl hit front page.

akpomeme: When Ameachi took Omeha to court over being elected under the PDP as governor, the court acknowledged that the people voted PDP and not Omeha and by virtue of the fact that Ameachi won the primaries of the party before his travails, that he is the rightful Governor of Rivers State.

Considering his suspension by the same party that a court upheld to have been elected by the people and not the individual. Wouldn't it be in place for the party to hand over the mandate of PDP to member of the party of their choice. Remember their is a legal precedence.

Just asking... Can lawyers interpret further?

I think this comment makes sense. I will leave the legal experts to debate on this issue.

akpomeme: When Ameachi took Omeha to court over being elected under the PDP as governor, the court acknowledged that the people voted PDP and not Omeha and by virtue of the fact that Ameachi won the primaries of the party before his travails, that he is the rightful Governor of Rivers State.

Considering his suspension by the same party that a court upheld to have been elected by the people and not the individual. Wouldn't it be in place for the party to hand over the mandate of PDP to member of the party of their choice. Remember their is a legal precedence.

Just asking... Can lawyers interpret further?

His suspension from PDP won't affect his governorship.
No need trying to pull him down with flimsy legal battles.

I still maintain my stand that Nairaland if filled with unintelligent children.

@ OP since you took your time to dig out the case, why didn't you read the entire ruling before your wishful insinuations.
I'm not a Lawyer but If you did read the ruling you should have seen clearly where the Supreme Court instructed that the Ameachi Vs. Omehia case should not be cited as an example or used as a point of reference by lawyers subsequently due to its uniqueness in nature.
However in the Atiku vs Obj case however the Supreme Court held that the President, Vice President, Governor and D.Governor are elected into office as a person and not the party, there Obj could not declare the office of the VP vacant due to his cross-carpeting of parties.
Always do a little research before posting (google is your good friend).

OBAGADAFFI:

His suspension from PDP won't affect his governorship.
No need trying to pull him down with flimsy legal battles.

But that was the premise on which he took power; that the PDP won the election which Omeha contested, thus he argued that the people voted for the party and not the individual. So if the people voted for the party and not the individual, now that he is suspended, don't you agree that the party can go ahead an exercise their mandate alternatively?

hardywaltz: I still maintain my stand that Nairaland if filled with unintelligent children.

@ OP since you took your time to dig out the case, why didn't you read the entire ruling before your wishful insinuations.
I'm not a Lawyer but If you did read the ruling you should have seen clearly where the Supreme Court instructed that the Ameachi Vs. Omehia case should not be cited as an example or used as a point of reference by lawyers subsequently due to its uniqueness in nature.
However in the Atiku vs Obj case however the Supreme Court held that the President, Vice President, Governor and D.Governor are elected into office as a person and not the party, there Obj could not declare the office of the VP vacant due to his cross-carpeting of parties.
Always do a little research before posting (google is your good friend).

your opinion will go a long way without being insulting. Why are you levied? precedence are precedence. What is good for an individual, is good for another. Why are you worked up?

akpomeme:

your opinion will go a long way without being insulting. Why are you levied? precedence are precedence. What is good for an individual, is good for another. Why are you worked up?

Ok Sorry just tired of reading Ameachi dis Ameachi dat from people who have never stepped foot in Rivers State before.

duality: I never thought of this until now. Well, I'm not a lawyer But this is serious. Has Amaechi considered this angle?

I think this should hit the Home page so that our lawyers can make more informed input to this discussion.

the honourable justices of the federal high court in abuja made it clear in atiku's case that that clause only applies to the election.after election,elected officials can switch to other parties without any consequence.ohakim left ppa for pdp,same with orji in abia.yuguda also left to pdp and so on.this is a non-issue

Delafruita: the honourable justices of the federal high court in abuja made it clear in atiku's case that that clause only applies to the election.after election,elected officials can switch to other parties without any consequence.ohakim left ppa for pdp,same with orji in abia.yuguda also left to pdp and so on.this is a non-issue

How about the three years term - unfinished tenure and went ahead to contest a new election. He is currently in court with Omeha.

The OP disappointed me with his calculations and deductions. Infact, the answer to your question doesn't need a lawyer to interpret, you just have to look at precedent and antecendent.

Thoerdore Orji of Abia state contested under a new party which Orji uzor kalu formed. Immediately there was a misunderstanding, theordore orji decamp to PDP while being a governor. Nothing happened to him.

Kwakwanso of Kano defected to PDP from ANPP and nothing happened.

Gabriel Suswam defected to PDP from an opposition party.

Sen. Borrofice representing Ondo north senatorial district decamped from LP to CAN while being a serving senator