http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=25357:amaechi-must-vacate-office-in-2011-says-court-governor-to-appeal-verdict&catid=1:national&Itemid=559


THE Federal High Court, Abuja Division, yesterday declared that Rivers State Governor Rotimi Chibuike Amaechi’s tenure expires on May 28, 2011 and therefore ordered the Independent National Electoral Commission INEC to conduct an election to fill up the governorship position.
Although Amaechi took the oath of office and allegiance in 2008, the court held that his tenure commenced on May 29, 2007 even though it was Celestine Omehia who was sworn in as governor having been declared the winner of the election.
Delivering a judgment in an action initiated by a former Legal Adviser of the Peoples Democratic in Rivers State, Chief Cyprian Chuwku, Justice Abdul Kafarati, declared that Amaechi was not entitled to stay in office beyond May 29, 2011.
Justice Kafarati held that the governor could not inherit assets from Omehia and not takeover the liabilities thereon.
He therefore held that since Amaechi was deemed to be the candidate of the PDP at the gubernatorial polls, he would be deemed to have assumed that office on May 29, 2007 when Omehia was sworn in.
He held that since government was a continuum, the circumstances of the case had made Amaechi’s tenure a continuation of Omehia’s tenure.
“Since Amaechi is regarded as the PDP’s candidate, he merely stepped into Omehia’s shoes. He is deemed to have taken office in May 2007”, the judge held.
The judge drew a distinction between Amaechi Versus Omehia’s case and the case of Anambra State Governor, Dr. Peter Obi versus Independent National Electoral Commission, ruling that the latter did not stand on the same legal ticket with the former.
He said that because PDP won the election in Rivers and both Omehia and Amaechi were in PDP, the case of Obi did not apply.
Kafarati also held that whereas the Anambra State Governorship Election Tribunal nullified Dr. Chris Ngige’s election, the Supreme Court, in its judgment enthroning Amaechi and deposing Omehia did not nullify Omehia’s election and his Oath of Office and Allegiance.
Instead, he held that it was the case of former Oyo State Governor, Chief Adewolu Ladoja, whereupon he sought an order to allow him spend the time he was illegally removed from office by an impeachment proceeding that was voided by the Supreme Court eventually.
He said he had gone through the statute book and did not find any constitutional provision, which provides any remedy for a governor who was unlawfully substituted.
In the originating summons filed by Chukwu, he had prayed the court to declare that in the eye of the laws and as decided by the Supreme Court in the case of Amaechi V INEC (2008)5NWLR (PT1080)SC 227, the 2nd Defendant (Amaechi) is the person who has been in office as the duly elected governor of Rivers State since May, 2007 pursuant to the gubernatorial election conducted by INEC on 14th April, 2007 in which Amaechi being the lawfully sponsored candidate of the PDP was returned as the winner of the gubernatorial election.
He also prayed the court to hold that Amaechi’s terms of office would expire on May 28, 2011 and could not remain in office after 28 May 2011 save upon having contested and won a fresh election for a second term of four years commencing with effect from May 29, 2011 in accordance with section 180(2) of the Constitution.
Counsel to Amaechi, Lateef Fagbemi (SAN) said he would consult with his client on the next line of action even as he expressed the view that Amaechi took the oath of office in October 2007 and was entitled to remain in office till October 2011.
The Rivers State government said while it would continue to respect the rule of law, it would appeal the judgment.
The Information Commissioner, Mrs. Ibim Semenatari said: “While this government continues to respect the rule of law, we have reason to disagree with the judgment and will appeal it.”
Amaechi’s acting chief press secretary, Blessing Wikina described the judgment as unfair to his principal who was sworn into office on October 26, 2007.
Wikina said that there was a judgment, which clearly specified that a governor’s tenure begins the day he is sworn into office.
“We will appeal. Following these different tones concerning the tenure of governors we will have to appeal to a higher court for proper interpretation. People talk about the fact that Omehia never existed in the eyes of the law and is why we are going to appeal to get proper interpretation,” Wikina said.

The man only asked his tenure to start from October instead of May since he was sworn in in October instead of May.

Yup. . There are elections innit? Although in a free and fair election I doubt if he'll win

his suppose to vacate office by October 26, 2007.