From Tony John, Port Harcourt
A High Court in Port Harcourt, yesterday, sealed the dream of Celestine Omehia to be recognised and given the benefits of a former governor of Rivers State.
Omehia, in suit no PHC/3317/CS/2022, had dragged the Rivers State government to court and prayed the court to determine “whether the claimant (himself) 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 judgment read by Daketima Kio, the court held that upon a broad, holistic and proper interpretation of the Rivers State former Governors and Deputy Governors Pension and Fringe Benefits Law No 6 of 2012, Omehia could not establish a legal right to be entitled to the declarative and injunctive relives sought.
The court maintained that the claimant was not a former governor of Rivers State and, therefore, is not entitled to life pension and other fringe benefits accruable to governors under the law.
Concerning the request of the defendant (Rivers State Government) for Omehia to refund N696,520,355.40 which Omehia claimed he had already spent and cannot refund, Kio ruled that the defendants paid the funds on their own violation and cannot legitimately demand the refund paid wrongly by themselves.
He went on to rule that the defendant’s counter claim could not be entertained in an originating summons proceeding, stating that if the defendants were interested in claiming the money, they should go to court by themselves and not use the claimant’s case for the refund.
The judge said 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 Amaechi vs INEC which had described Omehia as a pretender, who was never a candidate of the Peoples Democratic Party (PDP), nor a former governor.
The judgment 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 judgment of the Supreme Court in Amaechi 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 October 18, 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 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 judgment concluded with a declaration that there would be no cost awarded as each party should bear its cost of litigation.