Why Wike cancel recognition of Omehia as ex-govnor and wetin di law tok about am?

By Karina Igonikan

Rivers State Govnor Nyesom Ezenwo Wike don sign di instrument wey cancel di recognition of Sir Celestine Omehia as a former govnor of Rivers State.

Dis cancellation of di recognition dey follow di resolution of di Rivers State House of Assembly on Thursday, 6 October, 2022 not to recognise Sir Celestine Omehia as a former governor of di State.

Dis don generate reactions both from Rivers state and across Nigeria.

Why Rivers state goment de-recognise Omehia?

E no clear.

But na for for 2015 wen Nyesom Wike become govnor of Rivers State for im first tenure, around June 2015, im make di State House of Assembly to make a resolution to make Celestine Omehia to dey recognised as a former govnor.

But during plenary on Thursday 6 October, 2022 di leader of di House and Member representing Obio-Akpor Constituency 1, Martin Amaewhule raise motion wey call for dem to revert di resolution di house bin don make for 2015 to recognise Celestine Omehia as a former govnor of Rivers State.

Amaewhule for di motion ask di house to cancel dia resolution of 30th June, 2015 wey bin direct di Rivers State Government to recognize Sir. Celestine Omehia as former govnor of Rivers State and restore im privileges and fringe benefits.

Di Leader of the House note say to continue to recognise Celestine Omehia as former governor and to continue to grant am privileges and entitlements wey dey due to former govnors of di State no dey in line with di Supreme Court judgement for di case of Ameachi versus INEC and two odas, wey hold say for di eyes of di law, Omehia no ever be candidate for di election tok less of a winner and section 287 sub-section 1 of di constitution of di Federal Republic of Nigeria as amended.

Afta much debate, all 21 members wey bin dey present for plenary, vote in favour of di resolution.

Wetin di law tok about am?

One lawyer wey base for Port Harcourt, Henry Ekine tell BBC Pidgin say dis action of di state assembly from di position of di law no dey proper.

Ekine explain say di Rivers State House of Assembly no fit direct or justify dia action by any power wey dey vested on di house of assembly of any state drawn from di constitution.

Dis e say mean say, "no express provision for di constitution of Nigeria 1999 as amended ever give di house of Assembly power to either make law or make resolution to decide who become govnor of a state or who no go be govnor or who be di present or former govnor of a state.

So to dat extent, dat action by di assembly no get any place in law and so dey unlawful and unconstitutional."

Ekine add say di entire provisions of di constitution wey relate to di House of Assembly from Section 90 to Section 129 of di constitution of di Federal Republic of Nigeria no give any power to di State House of Assembly to determine who be govnor or deputy govnor or even former govnor or former deputy govnor, weda to hold office, di term to hold office or even di term to stop to hold office.

"Di powers if di federal Republic of Nigeria dey divided clearly for di legislative, executive and judiciary powers.

And di legislative power wey belong to di Assembly clear for Section 4 of di constitution and as e concern a house of assembly."

"Subsection 6 only give di assembly powers to make laws for good governance in dat state and dem go make laws for matas wey no dey di Exclusive list, so dem only get power to make laws for matas wey dey di Concurrent list and issues about who become govnor weda current or former in terms of recognition no fall for dis particular provision."

"So wen you look all of dis and di realities of wetin surround dis Celestine Omehia recognition in Rivers State, e dey give us reason to worry how a house of assembly go fit pass dat kain resolution." E tok.

‘Celestine Omehia no ever be govnor of Rivers State in di eye of di law'

Ekine observe say for di period wey Omehia act as govnor from 29 May 2007 to 25 October 2007, di Supreme Court decision for di Chibuike Amaechi case wey lead to di removal of Omehia from office and make Amaechi take over state clearly say Omehia no ever be govnor.

"Di effect of dat Supreme Court judgement dey very clear say di short time wey Omehia be govnor no ever exist at all in di eyes of di law.

Dat na to say Celestine Omehia no ever be govnor of Rivers State and we tok am even at dat time as lawyers say na common position of di law say any disposition wey dey void, dey void from di beginning. E no dey voidable."

Ekine note say "Wike as govnor of Rivers State implement dat motion of di House of Assembly and recognise Celestine Omehia as govnor. E gazette dat instrument and restore or rather give Omehia all entitlements and privileges of a former govnor."

"Den seven years afta, dis same house of assembly dey come tell di public say dem bin no get di full judgement of di Supreme Court, so as dem just realise afta seven years, dem wan come revert dia resolution wey recognise Omehia as govnor. "

Ekine say dia action demonstrate some kain irresponsibility.

Anoda aspect according to Ekine na di one wey di house of assembly dey ask Omehia to refund money im don already receive, afta dem recognise am as former govnor.

Ekine say Omehia no collect those money by imsef, e no be as if na case of money wey im misappropriate during di short time wen im bin dey office, im no appoint imsef to be di govnor or former govnor of Rivers State but all dis na action of di state both by di house of assembly and di govnor.

Celestine Omehia na member of di Peoples Democratic Party.

E bin serve as govnor of Rivers state briefly from May 2007 - October 2007 before di Supreme Court judgement for di case of Former Govnor of Rivers state Ameachi versus INEC comot am from office.