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The former Speaker of the State House of Assembly Mr. Rotimi Chibuike Amaechi, who won the Peoples Democratic Party (PDP) primaries at the weekend has asked the Supreme Court to stop the Court of Appeal from hearing the case until a motion pending before the apex court has been disposed off.
The Court of Appeal in a hearing notice dated May 31, 2007 and endorsed by one B.D. Abdullahi on behalf of the Deputy Chief Registrar has invited all the parties to appear on Wednesday June 6 for the hearing.
Not satisfied with this notice, counsel to Amaechi, Mr. Lateef Fagbemi (SAN), in a letter to Chief Justice Idris Legbo Kutigi asked the apex court to intervene to determine whether there was compliance with the mandatory provisions of Section 34(1) and (2) of the Electoral Act, 2006 "purporting to substitute his (Amaechi's) name."
Besides, Fagbemi had lodged a motion at the Supreme Court for an order granting leave to his client to serve Omehia by publishing the notice in The Guardian newspaper because Omehia's counsel had allegedly refused service of the process.
Litigation Secretary at Fagbemi's law firm, Akeem Sanni, testified to the non-receipt of the process in a 15-paragraph affidavit.
Amaechi, who is the immediate past Speaker of the Rivers State House of Assembly, won the PDP primaries to contest the governorship election in the state. The PDP forwarded his name to the Independent National Electoral Commission (INEC) as the candidate but later substituted it with that of Omehia.
Dissatisfied with this development, Amaechi went to court and when efforts to serve Omehia were unsuccessful, the Supreme Court issued an order of substituted service through the publication in The Guardian.
The apex court also directed the Court of Appeal "to hear the merit of the appeal and cross appeal expeditiously."
But Fagbemi, in his letter to Justice Kutigi, alleged that "rather than comply with the directive of this Honourable Court, the Court of Appeal stayed further proceedings in the appeal on grounds that the second respondent's counsel needed to get certain clarifications in the judgment of this honourable court.
"Notwithstanding the order for stay of proceedings, the second respondent's counsel has not filed any application in this court seeking for clarification of the judgment of this honourable court," Fagbemi added.
While asking the Supreme Court to make an order of substituted service, he noted that Omehia has been sworn-in as Rivers State governor and it was difficult to effect personal service on him.
Responding, Omehia's counsel, Mr. Joseph Daudu (SAN), told The Guardian yesterday that he could not accept service on behalf of the new governor because of Section 308 of the Constitution.
Daudu explained further that the Supreme Court's decision needed to be explained because the court was yet to give reasons for its decision.
The Court of Appeal will hear the appeal on Wednesday, June 6.
The question now is: Which of the proceedings will take precedence? Is it Amaechi's request for substituted service before the Supreme Court or the appeal listed by the Court of Appeal?
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