CHIEF Sikiru Shitta-Bey, Lagos lawyer and politician, has joined the league of those criticizing the recent Supreme Court judgement which declared Chibuike Rotimi Amaechi as governor of Rivers State. He stated that while Nigerians rejoiced at the apex court’s verdict that removed Sir Celestine Omeha and installed Amaechi, the judgement has far-reaching implications on who is a contestant in an election.
According to him, nullifying the candidacy of Omehia as candidate of Peoples Democratic Party (PDP) in the April 14 election poses no problem but the declaration of Amaechi as governor of Rivers state raises questions. The questions, he stated, include: “Was Amaechi known to the electorate in the April 14 governorship election in view of the fact that knowledge of the candidate by the electorate is a major factor in a presidential or parliamentary democracy? Did Amaechi satisfy section 179 (2) of the 1999 Constitution to enable the Supreme Court arrive at a conclusion that he was validly elected during the April 14 election?”.
Shitta-Bey argued that the Nigerian Constitution recognizes a candidate sponsored by a political party in an election and that without a candidate there would be no election, saying that the PDP presented Omehia to the public as its candidate as confirmed by INEC by putting his picture on the ballot paper and the candidate (Omehia) physically campaigned for votes and the electorate knowing him voted for him not Amaechi.
“With due respect, Amaechi did not satisfy and could not have satisfied section 179 (2) of the 1999 Constitution because the said constitution clearly and unequivocally mentions ‘a candidate for an election to the office of governor”, he said, adding that it will be wrong in law to state that the party was the candidate when the law states that the party shall only be a sponsor not a candidate.
He raised other issues like the effect of the judgement on the petitions pending at the election tribunals, saying: “The interpretation of the judgement is to the effect that political parties are the real contestants and not the candidate. If this were so, what happens to the petition filed by Mohamadu Buhari, the All Nigeria Peoples Party presidential candidate in April 21 election since his party has technically conceded victory to the Peoples Democratic Party? Can Buhari legally continue the prosecution of his petition before the court?”
Nov182007