Celestine Omehia & The Question Of Recognizing A Usurper As Ex-Governor

By Ifeanyichukwu Mmoh

To make the illegality of his actions look legal, there was need to make it appear as though it held any premise with the law. Thus, the bill that was passed to that effect in 2015 by the Nyesom Wike’s administration. Yes, the executive has powers to pardon any citizen and to even restore their privileges but such citizens’ status as ex-officio must be previously legitimate and not inconsistent with any laws of the federation.

To make the illegality of his actions look legal, there was need to make it appear as though it held any premise with the law. Thus, the bill that was passed to that effect in 2015 by the Nyesom Wike’s administration. Yes, the executive has powers to pardon any citizen and to even restore their privileges but such citizens’ status as ex-officio must be previously legitimate and not inconsistent with any laws of the federation.

The resolution taken yesterday (06/10/2022) by the Rivers state house of assembly mandating the executive governor of the state – Barrister Nyesom Wike – to derecognize Sir Celestine Omehia as a former governor of the state and an order that the affected politician return every dime he has so far collected from the state’s coffers since 2015 when a bill that recognized him as ex-governor was first enacted is indeed thought-provoking.

The move is thought-provoking for me and I believe for many Nigerians as well, for the following reasons namely:

1. What is the position of our constitution on the status of an individual of the likes of Sir Celestine Omehia that was previously removed via the courts as usurping an office?

2. Are they constitutionally recognized as ex-officio entitled to privileges just as their counterpart who are constitutionally certified as duly elected?

3. If they are by law accorded the status of ex; why did Rivers state had to pass a bill before giving Sir Omehia his privileges?

4. If they aren’t recognized by law; what punishment should be expected against the government of Rivers state?

Now, in response to the first question, when the courts remove any individual from occupying an elective office due to irregularities not supported by our electoral act, the implication is that such a candidate is a usurper. A usurper by law is simply a thief who must return everything that they have stolen. They are not to be accorded rights to any entitlement. And their removal is different from removal by impeachment where the affected is still statutorily recognized.

Since the inception of the 4th Republic, persons’ like Prof. Osunbor of Edo state, Dr. Chris Ngige of Anambra state; Rt Hon. Emeka Ihedioha, Chief Olagunsoye Oyinyola etc has been removed by the courts and not through impeachment. And the position of the law is simply that their emergence as occupant was an aberration in the first instance and thereby illegal and inconsistent with the electoral law. So, Sir Celestine Omehia is by law not an ex-governor!

And because he is never a governor in the first place since the process that brought him in was invalid or invalidated by law; Sir Celestine Omehia, Prof. Oserheimen Osunbor, or Dr. Chris Ngige etc, are not entitled to any privilege today or even forever. This answers the second question. Consequently, Nigerians are yet to hear of any state apart from Rivers that ever enacted a bill or dared to effect payments to a usurper in the name of the state!

While I couldn’t find a section (yet) of the constitution that clarified the position of the law in regard to the fate of that individual whose mandate was invalidated by the court, Section 182 subsection (1) article (d) of the constitution so closely enunciated the quality of who should be elected and by implication referred to as governor as “No person shall be qualified for election to the office of governor if he is under a sentence imposed on him by such a court or tribunal.”

Therefore, there is enough basis to surmise that although the law invalidated Sir Omehia’s mandate in 2007 and although there is no constitutional basis for the recognition of such invalid mandates as personalities entitled to any privilege as ex-officio in our laws; Barrister Nyesom Wike arrogated to himself imaginary powers by which he recognized an enemy of state as statesman and ex-officio against the laws and against the sensibility of the Rivers people.

To make the illegality of his actions look legal, there was need to make it appear as though it held any premise with the law. Thus, the bill that was passed to that effect in 2015 by the Nyesom Wike’s administration. Yes, the executive has powers to pardon any citizen and to even restore their privileges but such citizens’ status as ex-officio must be previously legitimate and not inconsistent with any laws of the federation.

If a man or a woman used to be a qualified doctor but was kicked out of office and jailed after a time of rendering their services to the state or federal government because of misconduct; the government has powers to effect a pardon and possible restoration of their former privileges because they were previously qualified by law and the ethics of their profession to be addressed as doctor. But in the case of Sir Omehia, he is not previously a validly elected governor!

For this reason, I expected an outcry from the national assembly and the judiciary as well as the media against the actions of the Rivers state governor and, particularly so because Wike will soon proceed to harass a Nigerian in the name of demanding a refund of what was collected since 2015; when we all know that the matter was simply that of a man (Omehia) who got fortunate because Fickle Luck smiled on him. But instead, everyone seemed to be unconcerned.

If anyone should cry foul, it should be the Rivers people whose tax monies were misappropriated to fund a thief. The state house of assembly members is equally liable for reprimand for conniving with their governor to rob the people. For sure, there are more persons in Rivers state whose rights ought to be restored but are not. A situation where the political class continued to violate the law and create confusion must not be condoned any longer.

If Wike was indeed large-hearted, he should’ve been magnanimous enough to assuage the perceived financial pains of Sir Celestine Omehia from his own personal pocket and not the Rivers’ coffers. Why do I now see the views of AGF Malami who once said that the governors are the real forces opposing the idea of restructuring the federation? It is about time their enormous powers are whittle if we intend to remain a democratic country going forward.

Comrade Ifeanyichukwu Mmoh writes from Abuja 08062577718.