Governor Chibuike Amaechi of Rivers State on Wednesday recorded another legal victory as the Court of Appeal punctured fresh attempt to challenge his continued tenancy of Government House, Port Harcourt.

The Appeal Court sitting in Port Harcourt struck out a suit filed by Accord Party’s governorship candidate in the 2007 elections, Chief Bekinbo Soberekon seeking the substitution of Governor Amaechi with Sir Celestine Omehia in the suit and a re-run of the elections due to the omission of his photograph on the ballot papers.

Soberekon’s initial petition against the outcome of the governorship elections had been dismissed by the state Election Petition Tribunal and he wanted fresh hearing of his matter. But the appellate court in its judgment delivered amid tight security, thought otherwise.

In the view of the judges led by Justice Abubakar Jega, the appellant worked his loss by failing to timely appeal against the decision of the lower tribunal. Delivering the lead judgment, Justice Jega observed that the Accord Party’s flagbearer busied himself with the inclusion of Governor Amaechi in the suit while neglecting his right to seek the dismissal of the tribunal’s ruling.

“The remedy available to the appellant was to appeal against the dismissal which they have not done.
“There is no iota of doubt that the decision of the lower tribunal, subject matter of this appeal, was delivered in complete absence of jurisdiction,” he said. Justice Jega held that the Appeal Court lacked jurisdiction to handle Chief Soberekon’s motion before it and consequently struck it out.

“Accordingly, this appeal in its entirety is not competent and ought to be struck out”, the judge said.
Also, the court awarded N30,000 costs in favour of each of the seven respondents in the suit. Reacting to the judgment, Chief Soberekon’s lawyer, Barr. Golden Tamuno told reporters that the matter was lost to non-compliance to procedures and not necessarily the nitty-gritty of the matter.

 
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