Celestine Omehia fails in his bid to be recognised as former Governor of Rivers State
A High Court in Port Harcourt today on Tuesday 26th March ruled that Sir Celestine Omehia is not legally recognisable as a former Governor and as such is not entitled to the recognition, pension and fringe benefits of a former Governor.
Sir Celestine Omehia in suit no PHC/3317/CS/2022 had prayed the court to determine “whether the claimant (Omehia) is a former Governor of Rivers State and therefore entitled to pension and other benefits” under the Rivers State former Governors and Deputy Governors Pension and Fringe benefits law.
In a judgement read by Justice Daketima Kio of the Rivers State High Court, the Court held that upon a broad, wholistic and proper interpretation of the Rivers State former Governors and Deputy Governors Pension and Fringe benefits law No 6 of 2012 Sir Omehia could not establish a legal right to be entitled to the declarative and injunctive relives sought. Is not a former Governor of Rivers State and therefore is not entitled to life pension and other fringe benefits accrue able to Governors under the law.
Concerning the request of the defendant for Mr Celestine Omehia to refund N696,520,355.40 which Mr Omehia claimed he has already spent and can’t refund, Justice Kio ruled that the defendants paid the funds on their own violation and cannot legitimately demand for the refund paid wrongly by themselves.
He went on to rule that the defendants counter claim can’t be entertained in an originating summons proceeding so If the defendants are interested in claiming this money they should go to court by themselves and not use the claimants case.
The Judge in his judgement went on to say that beyond the woeful failure of the claimant to prove his case, the court which is of subordinate jurisdiction has the duty to follow the decision of the Supreme Court in the case of Ameachi vs INEC which had described Mr Omehia as an impostor and pretender who was never a candidate of the PDP nor a former Governor.
The Judgement concluded with the Judge explaining that :
“Once the supreme Court takes a decision that decision has the backing of the constitution”
“This court therefore finds and holds that the perceived rights to the relief sought by the claimant is irrevocably extinguished by the Judgement of the Supreme Court in Rt Hon Rotimi Ameachi against INEC and two others which held that Omehia remains no more than a pretender to the office of Governor of Rivers State.”
“On the whole the originating summons dated the 18th day of October 2022 being destitute of any merit should be dismissed because the claimant has failed to make out a case to justify the grounds of his declarative and injunctive reliefs sought of this honourable court”
“The exhibit which the claimant sought to rely on further exposed the poverty of his case in justifying this court to dismiss his case.”
The Judgement concluded with a declaration that there would be no cost awarded as each party should bear its cost of litigation.
