• Amaechi Says No Victor, No Vanquished
THE Supreme Court Friday rejected attempt by a former governor of Rivers State, Chief Celestine Omehia to join a suit filed by Chief Cyprian Chukwu seeking to determine and possibly abridge the tenure of office of Governor Rotimi Chibuike Amaechi.
The court also reprimanded Omehia’s counsel, James Ezike for using foul language in his brief to address senior legal practitioners and counsel to Amaechi, Prince Lateef Fagbemi (SAN) and Mr. Rickey Tarfa (SAN) and asked him to apologise. But to the consternation of all present, Ezike refused to apologise.
In a unanimous verdict, the Supreme Court agreed with the submission of Amaechi’s counsel, Fagbemi, that the Court of Appeal was in error to have joined Omehia as a party at the appellate court without having fulfilled the condition precedent for it to join him as an interested party.
According to Fagbemi, under the rules, Omehia ought to have applied for leave of the court to join the suit and also seek an extension of time within which to do so. Failure to do so, he argued, rendered his joinder incompetent and ineffectual.
The apex court also agreed with Fagbemi that Omehia also failed to show what special interest he had in the matter to justify the Appeal Court entering a decision to join him in the matter.
Fagbemi submitted that equity helps only the vigilant, not the indolent and therefore said it was too late in the night for Omehia to wake up from his slumber.
Omehia was shut of the case Friday by the apex court for lacking locus stand, in an action challenging when Amaechi’s tenure of office would expire.
Chief Cyprian Chukwu had initiated the action at the Federal High Court, Abuja Division, praying the court to declare that Amaechi’s tenure ended on May 28, 2011. But in a counter claim, the governor contended that his tenure came to an end in October 2011 on the ground that he took his first oath of office in October 2007.
The trial Judge, Justice Abdul Kafarati, gave judgment against the plaintiff, who was dissatisfied and therefore approached the Court of Appeal to set the decision aside.
When hearing in the appeal began, Omehia filed an application, seeking to join as an interested party. Although Fagbemi opposed his request to be joined, the Appeal Court granted it, causing his client to lodge an appeal at the apex court.
Delivering its decision on the matter yesterday, the apex Court held that Omehia established no premise for seeking to join having not complied with well set out legal procedure as argued by Amaechi’s counsel.
In the lead judgment, Justice Muntaka Coomassie held that Omehia ought to have sought permission to be made a party first in the case before he could seek permission to file any process.
Besides, Justice Coomassie said Omehia failed to convince the court that he had a vested interest in the case. The apex court held that Omehia had no right to protect any longer having contested the 2011 governorship election along with Amaechi, lost and even explored all legal avenues to get the said election nullified unsuccessfully.
Justice Coomasie held thus: “The first respondent (Omehia) in this case is a pretender with his claim that he has interest in this case on account of his being governorship candidate in the 2011 governorship elections.
“He has to show sufficiently that he is a person whose interest is directly affected or will be affected by the court decision and not just a person with general interest like any citizen of Rivers State. Being a governorship aspirant has not conferred any right on him to seek to be joined in this case as he is not the only one who wants to be governor of the state.”
Consequently, the court voided the permission granted him by the Court of Appeal to join the suit and accordingly set aside same “for being wrong in law.”
Following this decision, the case would now return to the trial court for continuation of hearing.
It would be recalled that the People’s Democratic Party (PDP) at the Supreme Court, had pitched its tent with Chukwu against Amaechi, a twist from his initial position at the trial court, the Federal High Court.
Meanwhile, Amaechi, in his reaction, said there was no victor, no vanquished and urged Omehia, his supporters and all well-meaning people of the state to join hands with his administration and work together towards the greater good of the state and its people.
Similarly, the All Progressives Congress (APC), Rivers State chapter, through its interim Chairman, Mr. Davies Ikanya, lauded the sagacity of the Supreme Court, saying it has once more proven that the judiciary remains the last hope of the common man.
Amaechi, in a statement by his Chief Press Secretary, Mr. David Iyofor, explained that although the court ruling again vindicates his position that Omehia had no case against him.
“Now that the legal tussle is over, I want to appeal to Omehia, his supporters and all other well meaning Rivers people to join hands with my administration in building the new Rivers state that my administration has started. As for me, in this matter, there is no victor, no vanquished,” Amaechi said.
On his part, Ikanya stressed that Amaechi’s victory was by all intents and purposes, a very significant one in view of efforts “to pull him down.”
He added: “We recall that even though he was aware that Omehia had no case, Amaechi had pleaded with him for them to put an end to the litigation and behave like brothers.
“However, he refused the entreaties and turned down all the offers made by the governor, including that of nominating commissioners into the state cabinet,” he said.
“This should serve as a warning to all those who insist on the way of the moving train known as Amaechi.”
Source: Guardian/
