Posted by By GODWIN TSA, Abuja on
The Federal Government is asking a Federal high court to stop the fresh moves to unseat the Governor of Rivers State, Hon. Rotimi Ameachi, describing it as an abuse of the court process.
The Federal Government is asking a Federal high court to stop the fresh moves to unseat the Governor of Rivers State, Hon. Rotimi Ameachi, describing it as an abuse of the court process.
A former Transport Minister in the administration of President Olusegun Obasanjo, Dr. Abiye Sekibo, is challenging the restoration of Amaechi as the governor of Rivers State has impinged on the provisions of the 1999 constitution as his name was not on the ballot paper used for the April 14, 2007 governorship elections for the state.
His action is coming three months after the Supreme Court had restored Amaechi as the governor of the state.
But the Attorney General of the Federation and minister of Justice who was named as the first respondent in the suit raised objections to the suit challenging the locus standi of the plaintiff as well as the jurisdiction of the court to entertain the suit because the reliefs being sought are subject of a final decision taken by the apex court, adding that no action could be maintained against the governor in view of the immunity guaranteed by the constitution.
Also the Attorney General of Rivers State, Kelvin Ejike has closed ranks with the Federal Attorney General in asking that the suit, which they described as incompetent and an abuse of the court process, be struck out as the subjected matter has since been rested by the Supreme Court.
The two respondents relied heavily on the principles of Res judicata in praying the court to throw out the case.
It was also a ground of their objections that governor Ameachi who is named, as fifth respondent cannot be sued having been shielded by the immunity clause provided for in 1999 constitution.
The summons was accompanied by a 33-paragraph affidavit deposed to by Sekibo and it amplified the fact that he was interested in the governorship race in the state and that he was duly nominated for the governorship primary election of the PDP.
Sekibo claimed that he paid all necessary fees like N3million expression of interest form and that he spent about N50million on his campaign.
He said that the leaders later prevailed on him to step down for Amaechi but when the Amaechi was not accepted by the national body of PDP, the party at the state level unanimously nominated and accepted Celestine Omehia as the candidate and people voted for him and not for Amaechi.
'That considering my political career and interest in Rivers State that I am still interested in becoming the governor of Rivers state of Nigeria. That I know that it is in interest of justice that this suit seeking interpretation of the constitution of the federal republic of Nigeria, 1999, be heard expeditiously."
He is asking the court for the following reliefs:
*A declaration that combined provisions of section178 (5) of the constitution of the Federal Republic of Nigeria, 1999, section 58 and 70 of the Electoral Act, 2006the vote cast by the registered voters in Rivers State at the gubernatorial election of 14th April, 2007 cannot be deemed to have been cast for the 5th respondent or any person who was a candidate of the Peoples Democratic Party (PDP) for the election but not the candidate at the said election.
The Supreme Court had in its judgment held that Omehia was never the governorship candidate of the PDP for the April 14 elections.