A High Court sitting in Port Harcourt on Monday struck out the application filed by the Rivers State Governor, Mr. Rotimi Amaechi, seeking an order of perpetual injunction to prevent members of the State House of Assembly from impeaching him saying it was neither here nor there.
The trial judge, Justice Gabriel Omereji maintained that the matter is not justiceable because the governor Amaechi failed to disclose the facts after declaring that the state chairman and secretary of the PDP were planning with lawmakers of the State House of Assembly to impeach him.
The judge had earlier in October 2013, dismissed the originating summons brought by counsel for the governor, Mr. Beluolisa Nwofor (SAN), on the grounds that it (originating summons) was hostile even as he ordered that the matter be brought under a statement of claim.
However, counsel for the five anti-Amaechi lawmakers, Mr. Dike Udenna, said, in a counter-affidavit of the statement of claim, that the court could not reverse itself on a matter it on which it had ruled in the past.
Udenna also argued that the order of the court had yet to be vacated by an Appellate Court.
He stated that the claimants had not been able to prove that the State PDP Chairman, Mr. Felix Obuah and Secretary, Mr. Ibibia Opuene, respectively, were working with lawmakers of the State House of Assembly to impeach the governor.
According to him, the application by the claimants is speculative, hypothetical and an academic exercise, which should be struck out.
Ruling on the matter, Justice Omereji granted Udenna’s submissions, describing the suit as speculative, hypothetical and unfit for judicial consideration, just as he declined awarding any cost on the ruling.
Joined in the suit as first set of defendants are the Rivers State House of Assembly and Speaker, Mr. Otelemaba Dan-Amachree. [myad]
