The Declaration of Hon. Rotimi Amaechi As Governor of Rivers State Is Wrong


The Supreme Court of Nigeria was right in the judgment to nullify the Election of Mr. Celestine Omehia as the governor of Rivers State in Southern Nigeria, but was wrong to install the former Speaker of the state House of Assembly, Hon. Chibuike Rotimi Amaechi as the new governor of the state.

There is no need to write a thesis on this matter, because even a layman with common sense should be able to know that the Supreme Court of Nigeria has no constitutional or legal right to install someone who never contested the gubernatorial election as the governor of Rivers state.

The installation of Hon. Rotimi Amaechi contradicts the jurisprudence of the Rule of Law and democracy.

If the ruling People's Democratic Party (PDP) erred in law by the selection of Mr. Celestine Omehia to contest for the post of governor and he actually contested, then the proper judgment would be to nullify his election and not the installation of Hon. Rotimi Amaechi who never contested the gubernatorial election.

The PDP rigged the last April elections in Rivers State and should have been disqualified for fielding Mr. Celestine Omehia.

The governorship candidate of the Action Congress party, Mr. Tonye Princewill has already taken his case to the Election Petition Tribunals and asking for the nullification of the last April gubernatorial election in Rivers state. The nullification of the election of Mr. Celestine Omehia should be enough evidence to nullify the gubernatorial election in accordnace with section 45 of the Electoral Act and sections 15(2), 17(2) (19) and 42 of the 1999 Constitution.

The Nigerian Supreme Court erred by declaring Hon. Rotimi Amaechi the winner.
The right constitutional judgment should be to conduct another gubernatorial election in Rivers state.

The installation of Hon. Rotimi Amaechi as the new governor of Rivers state is unconstitutional and undemocratic.

Who is fooling whom?

I couldn't have put it better.

@ Orikinla, you have stated my fears with that verdict in very clear tems, unconstitutionality cannot cancel another unconstitutional act. It is such a Joke.

I was most worried when i heard the verdict. I hope in a bid to ascertain its independence the juduciary (supreme court) is not falling into the trap of the executive (previously).

Yes there was an illegality in PDP which should be corrected, but how can you declare someone a governor that didnt contest an election. This is such a dangerous precedence cos it suggest that people voted for the political party and not the individual.

I hope some independent lawyer takes up this arguement.

We need to wake up in Nigeria and be very objective, the judgement is a tragedy to democracy.

Unfortunately, rather than these politicians in both houses sorting out such inconsistencies they are busy fighting amongst themselves over crazy contracts.

Unless PDP is telling Nigerians that the election was about the party and not the individual I see no reason why someone that was never voted for would take over the position of a governor simply because there were irregularities in the way INEC and the party conducted themselves.

The relevant legal questions are

what are the status and powers of political parties when fielding candidates for an elections

I can't comment on the fairness of the supreme court ruling without an understanding of the laws that they based their ruling.


The supreme court was not asked to rule on the validity of the election. If and when the current election petition gets to the supreme court they might still rule against Amechi.

The supreme court shouldn't have asked for Amaechi to be sworn in, it should have ended its judgement with the disqualification of Celestine.

I think the supreme court is becoming inconsistent with some of its verdicts and should be careful to avoid sensationalism.

The truth of the matter is in Nigeria like Britain we vote  Political parties not individuals. So if the Supreme court is working on the assunmption that if the PDP won the last election in River State then whoever is PDP party leader becomes the Governor, then the judgement is in order. That is why Gordon Brown replaced Tony Blair as Prime Minister by default after replacing Blair as party Leader without election.
So on that argument replacing Amaechi as Governor without being voted in is right because what the people voted for is PDP and not Amaechi or Omehia!!!!!!!

But the inconsistency is, just some months ago when Atiku left PDP we argued that what people voted for was PDP and thus if Atiku has left PDP he looses his position as VP. This same Supreme court said that Atiku's loyalty is to country and not party. Now the question is since Omehia has sworn his loyalty to State when he was sworn in as Governors, is ousting him as PDP party leader in River State enough to oust him as Governor??
That is the question our Supreme court need to answer in other not to confuse issues.

But for those arguing that PDP did not win election, that is a different matter all together as a court does not grant reliefs not prayed for by either plaintiff or defendant. I will not be suprised to hear a re-election in River State if Tonye Princewill wins his case.

But Kudos to Celestine Omehia to have stood down regardless the credibility of the verdict. A civilised society respects the apex court order whether it is in our interest or not.

The thinking of the Supreme court, based on the Judicial precedence in Imo State is clearly the fact that "The PARTY rather than the Candidate is voted for in Nigerian Elections".
This does not sound reasonable but it is Legal and logical until we amend our electoral act to clearly state who we are voting for , Party or Person!!

These Supreme court judges are very experienced and learned. They would have caused more harm if they kicked Omehia out without clearly naming his replacement. (remember how long it took OBJ to UNDERSTAND the Supreme court verdict relating to the Lagos State council funds. Obj held to the "unclear" area and cleverly ignored the ruling.)
I remember the public was not happy with the supreme court for handing down and ambiguous judgement.

Further, having declared Omehia an usurper, the only logical thing the supreme court would have done was to declare another person the Governor, who would this have been , Odilli, Asari, the runner up of the primaries??, Amechi is the best person given the present circumstances.

Finally for Rivers state its business as usual and a LOOSE LOOSE situation whether Amechi or Omehia, they both have NOTHING to offer, its quite early to criticise Amechi but his Administration has charted a dangerous course with the Quality of persons he has quickly appointed!!!!!! his SSG and Head of service are tested and confirmed no do goods

Chikena

As others have noted, Hon. Rotimi Amaechi should not have been sworn in as the new governor of Rivers state.

There are things I see in Nigeria and I feel really ashamed of flying the Nigerian flag in the global village.

The Patricia Ette's scandal in the lower house and how a very ignorant and senseless man died whilst screaming in defence of the shameless woman, makes me feel that I am more intelligent than these Nigerian politicians.
Will Patricia Ette take over the welfare of the man's family?
See how fools die useless deaths.

That is why, I am disappointed that Mr. Richard Mofe-Damijo joined the hypocritical opportunists and has taken up a politcal appointment after condemning the last April elections.
The dog has gone back to eat it's vomit!
What a shame.

How people trade their dignity and integrity for cheap fame and ill-gotten fortune.

Most of these Nigerian politicians are just opportunists and what they really deserve is to be sacked.

We need a Jerry Rawlings in Nigeria, because we cannot use democratic means to remove these criminals in the corridors of power.

The Metropolitan Police have published a document on the crimes of Chief. James Ibori, the ex-governor of Delta state and the accomplices are still in government, including the present governor of the state.

I expect the same hammer that fell on Mr. Celestine Omehia to fall on the other PDP governors in Edo, Delta and Ondo.

Everyone who witnessed the last April elections in Nigeria would have known that majority of the so called elected governors, senators, representatives and others should be on trial and jailed for gross violations of the Federal Constitution and Electoral Laws of Nigeria.

In a civilized country, there would have been a commission of inquiry on those who were killed during the last April elections and all the suspects would be prosecuted. But what is the Nigerian Judiciary doing?
The President of Nigeria, Alhaji Umaru Yar'Adua has said that he would rule in accordance with the direction of the party, the notorious People's Democratic Party (PDP) and his statement is enough proof of his complicity in the criminal and unconstitutional acts of the PDP and should be facing prosecution and not sitting pretty in the State House in Abuja.

I repeat that we need a Jerry Rawlings in Nigeria to sack the illegitimate government of the ruling People's Democratic Party (PDP).
Finis.

McKren:

I think the supreme court is becoming inconsistent with some of its verdicts and should be careful to avoid sensationalism.

The truth of the matter is in Nigeria like Britain we vote Political parties not individuals. So if the Supreme court is working on the assunmption that if the PDP won the last election in River State then whoever is PDP party leader becomes the Governor, then the judgement is in order.

If the above is true then we are really living in dangerous times. Yar Adua can simply stand in for president and then step down for Babangida after the elections?

The supreme court was wrong, Amechi was not voted for and a byelection shld have been called.

McKren:

I think the supreme court is becoming inconsistent with some of its verdicts and should be careful to avoid sensationalism.

The truth of the matter is in Nigeria like Britain we vote  Political parties not individuals. So if the Supreme court is working on the assunmption that if the PDP won the last election in River State then whoever is PDP party leader becomes the Governor, then the judgement is in order. That is why Gordon Brown replaced Tony Blair as Prime Minister by default after replacing Blair as party Leader without election.
So on that argument replacing Amaechi as Governor without being voted in is right because what the people voted for is PDP and not Amaechi or Omehia!!!!!!!
[/b].

Just a bit of clarification, the UK operates the parliamentary system and has a prime minister not a president, so that is why Gordon Brown can replace Tony Blair because the party elected Gordon Brown as party leader.

On your point of sensationalism, my friend i totally agree with you. The supreme court should be very careful, as i stated in my first post they face the risk of becoming like the executive previously, who must have their way whether its right or wrong. Reading the dalies this morning the arguement is that the supreme court wanted to ensure that its judgement was obeyed, it is not in his place to ensure that, it should give a right and legal verdict and not the Nonsense irrational declaration they just did.

Please see the link below, Gani has suggested that the ruling was wrong and gave his reason, it tells us of the lawyers we have in Nigeria, where all the sycophant lawyers, Keyamo & Co were applauding an illegal judgement, because they want to look politically correct.

http://www.thisdayonline.com/nview.php?id=93651

Revealed: Why Supreme Court Installed Amaechi
• Apex court erred, says Gani as NLC, Atiku hail judgment
By Ademola Adeyemo in Lagos and Onyebuchi Ezigbo in Abuja, 10.29.2007

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Even as fresh questions are being raised over last week’s judgment by the Supreme Court which led to the removal of Sir Celestine Omehia as the Governor of Rivers State and the swearing-in of Hon. Rotimi Amaechi as his replacement, indications emerged at the weekend on what might have informed the apex court’s decision.
Highly-placed sources told THISDAY last night that the Supreme Court justices refrained from ordering fresh elections in the state because they feared that the PDP might bar Amaechi from contesting. He had been expelled by the party for resorting to legal action after his controversial substitution by the PDP on February 2, 2007.
The party did not state reasons for his disqualification then, although it was annou-nced at the Court of Appeal last month that Amaechi’s disqualification was based on an indictment by the Economic and Financial Crimes Commission (EFCC).
But the EFCC indictment came on February 20, two weeks after Amaechi’s substitution.
“The Supreme Court justices were wary of a situation similar to the Ifeanyi Araraume case in Imo State when the PDP disobeyed its ruling that he was the authentic candidate of the party for the governorship election,” the source said.
The PDP had substituted Araraume with Engr. Charles Ugwuh as its candidate, but the Supreme Court ruled that the substitution did not fulfill the requirements of the 2006 Electoral Act, which stated that “cogent and verifiable reasons” must be given for the substitution of candidates.
The party subsequently expelled Araraume and withdrew from the governorship race in the state by failing to field any candidate.
“The Supreme Court believed that the PDP wilfully disobeyed its judgment by failing to field Araraume under a guise, and it clearly did not want a situation where its ruling would be wilfully disobeyed through some other manipulations. That is why it stated unequivocally that Amaechi was the candidate and should be sworn in,” the source explained.
Lagos-based lawyer, Chief Gani Fawehinmi (SAN), however disagrees with the Supreme Court over its ruling. Fawehinmi, in a press statement made available to THISDAY yesterday, said the order “installing Amaechi who never contested the governorship election as governor of River State” was wrong.
According to the radical lawyer, the assumption of office by Amaechi is a “judicial imposition” on the Rivers State people who he said did not vote for Amaechi on April 14, 2007.
Fawehinmi said: “I have no quarrel with the decision of the Supreme Court in so far as it nullified the election of Celestine Omehia on the ground that he was not the appropriate candidate of that party.
“My disagreement with the judgment is the order made by the court that Rotimi Amaechi who never contested the governorship election should be sworn in as governor of River State.”
Gani further submitted: “I consider the assumption of office by Rotimi Amaechi as a judicial imposition on the electorate of Rivers State who when they were voting on April 14th April, 2007 did not have in view or consideration Rotimi Amaechi who was not a candidate in the eyes, in minds and in the hearts of the electorate of Rivers State.”
According to the legal practitioner, the essence of democratic elections is that the electorate should decide who should be their leaders.
“On April 14 2007, the electorate of Rivers State decided through their votes that Celestine Omehia should be their governor, he campaigned as the candidate of PDP for that election. Now that his candidacy has been adjudged by the Supreme Court as illegal, he could not be the governor of that state. Simply put the Rivers State electorate cast their votes for an illegal candidate, consequently their votes for Celestine Omehia counted for nothing. I have no quarrel with that.”
Fawehinmi further stated: “The electorate of Rivers State did not have the opportunity to vote for Rotimi Amaechi as he was not a candidate for the 14 April, 2007 election of Rivers State. Simply put no vote in law could be attributed to Rotimi Amaechi when the election was held.”
He further cited Section 177 of the 1999 Constitution to buttress his argument saying that, the section provides that no governorship candidate could be validly returned as an elected governor where there are more than two contestants unless he has the highest votes cast in that election according to section179(2) of the constitution.
“Rotimi Amaechi could not have satisfied the constitutional provisions in section179 (2) as he did not contest the governorship election of Rivers state on April 14th, 2007.”
By the judgment of the Supreme Court, Gani expressed regrets that the electorate of Rivers State were denied the opportunity of electing their governor and that Rotimi Amaechi was imposed on them by judicial fiat and not through the ballot.
Gani said that in his own opinion, the appropriate order was for the court to have ordered a fresh governorship election in Rivers state with Amaechi as the PDP candidate as it “is only by this that the electorate of Rivers state would not have been denied their constitutional right to choose their governor.”
However, the Nigeria Labour Congress (NLC), in a statement by its acting President, Mrs, Ladi Iliya, said it was particularly grateful to the Supreme Court which in this landmark judgment which decided to dwell on 'substantial justice without regard to technicalities'.
The NLC commended the people of Rivers State “who have been forced to live under an illegal government, insecurity and an endless curfew. We commend Mr. Amaechi for his tenacity, single mindedness and courage, and hope that he would bring these qualities as well as transparency to bear on his administration."
"The people of Rivers State have suffered much and the new governor needs to heal wounds and move the people towards a better life,” the statement said.
NLC also called on all workers and Nigerians to support the Supreme Court judgment and assist the new administration in Rivers State to take off smoothly.
"This judgment is one more nail driven into the coffin of arbitrariness and impunity, which has seized our body polity. In this wise, we call on all those aggrieved or short changed in the fatally flawed 2007 elections to remain steadfast in their pursuit of justice," it said.
According to the NLC, the Supreme Court judgment and the inelegant role of the Independent National Electoral Commission (INEC) in the elections once again raises the issue of how long the Prof. Maurice Iwu leadership of INEC will be allowed to remain in office. “Clearly, free and fair elections will be impossible in the states where elections may be re-conducted if the Iwu-led INEC is the body charged with their conduct,” it said.
Former Vice-President, Alhaji Atiku Abubakar, commended the judgment on his return to the country yesterday after spending three months abroad, reportedly to undergo treatment for his leg injury which he sustained in a domestic accident last April.
Speaking with journalists at the airport, Atiku hailed the Nigerian judiciary for bold verdicts it had given recently on the disputed April elections at various levels.
He said the decisions by the Supreme Court, the election tribunals and courts so far have shown that “politicians no longer needed the military to sort out politics when they mess things up. We have gone past that stage.”
He praised the judiciary as the last hope of the common man, adding that he felt justified in his consistent and unbending trust in the country’s judiciary.
Among notable associates on hand to receive him at the airport were former governor of old Kaduna State, Alhaji Lawal Kaita, the Director General of Atiku Presidential Campaign Organisation, Senator Iyorchia Ayu, former national chairman of Peoples Democratic Party (PDP), Chief Audu Ogbeh, former Foreign Affairs Minister, Chief Tom Ikimi and the National Publicity Secretary of the Action Congress (AC), Alhaji Lai Mohammed.

While we criticise the Supreme Court for its verdict, let us not forget that PDP is more or less a rogue party. If the justices had disqualified Omehia and ordered another election, would Rotimi Amaechi be able to run on the platform of the PDP? No. This is a party that cheated this man for no just cause and went ahead and expelled him for seeking judicial redress.

A similar thing occured in Imo State when Senator Ifeanyi Ararume won the primaries and PDP replaced him. He went to court and the Supreme Court ruled tha he was the validly elected candidate of the party instead of Charles Ugwu that the party imposed on the electorate. Instead of the party to field Ararume for the governorship elections, they decided to expel Ararume and refused to field any candidate thereby allowing another party to win. Isnt that madness of the highest order? A tactical way of disobeying the court and Im sure the judges of the Supreme Court would not want a replay of such an absurdity. And thank God Bayo Ojo is no longer the AGF who would have helped the party in interpreting the judgement inspite that the judgement would have been delivered in english language.

Just a bit of clarification, the UK operates the parliamentary system and has a prime minister not a president, so that is why Gordon Brown can replace Tony Blair because the party elected Gordon Brown as party leader.

Am obviously clear about the above

But I don't think what decides whether the electorate votes individual or party is whether the Government is Presidential or Paliamentry.
It is rather the Position of the country's electoral laws.

Out of curiousity why is it impossible to have independent candidates during election in Nigeria since it is all about the individual.

The Supreme Court has become authoritarian and dictatorial in an attempt @ Judicial Activism. The judgement is wrong.

If the Parties are sacrosanct in Nigerian Elections then Why do we have bye-elections to fill up seats that have been vacated in the Legislature?

I have not read the constitution but I have listened to interviews where lawyers point out that the Nigerian Constitution says it is the party that is voted for and not an ndividual. This goes to clarify why the judges gave such a judgement.

funlover:

How can a candidate that did not participate in an election and who therefore did not win the mandate from the people be declared the Governor over them?

Funlover,
I am shocked and scared.

I am really afraid of the future of my children is such a country as Nigeria.
Something is wrong with the psyche of the elders and leaders in Nigeria.

My children will not be safe in this country.
I don't want them to be traumatized by the political madness and social sickness plaguing Nigeria.

I was born and bred in Nigeria, so I can bear the burden of the social and political contradictions in this country. But, I cannot subject my innocent children to the hysterics of twisted Nigerian politics.

Switzerland would be the most suitable place to bring up my children.
We all deserve to live in a civilized society no matter the location on earth.