*Says By Court Order, Omehia Was Not A Governor of Rivers State
*Opines That Actions of Rivers State House of Assembly Amounts To Donation of Powers, Contempt of Court
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A renowned lawyer Mr. Yomi Aliyu, SAN, has reacted to the derecognition of Omehia Celestine as a former Governor of Rivers State, stating that money paid to him as entitlements as a former Governor before his derecognition amounted to misappropriation of public funds by all concerned (Rivers State House of Assembly, Gov. Wike, and Omehia himself), as by Supreme Court order, Omehia was never a Governor of the State.
TheNigerialawyer reported that the Rivers State House of Assembly recently declared that it had ‘stripped’ Omehia of recognition as a former governor, while incumbent Governor Nyesom Wike not only stopped the entitlements but also gave Omehia a seven-day ultimatum to refund the N695m reportedly paid him over the period of his recognition.
In an interview by PunchNG Aliyu SAN, established the legal position on the appropriateness of the demand for a refund being made by Wike from Omehia.
He stated that when the Rivers State House of Assembly, and Governor Wike, came into office, they donated the Governorship Title to Omehia, despite the fact that the Supreme Court had stripped him of that title when it held that he was not properly elected.
According to Aliyu SAN, this was an abuse of powers by the Rivers State House of Assembly.
“Firstly, a Governor is only elected under the Electoral Act and the Constitution of the country. There is nowhere in the 1999 Constitution (as amended), where it is stated that the House of Assembly could make somebody a governor; more so, when that person has been declared not to be properly elected by the Supreme Court, which is the highest court in the country and whose decisions and ruling cannot be appealed.
“How the House of Assembly got the power to do such is known only to them. If you look at it very well, the House of Assembly’s role does not conform with the Electoral Act”, he said.
He went on forward to opine that it was absurd that the State House of Assembly was derecognizing Omehia as a Governor when Omehia was never a governor in the face of the law.
His words read thus: “How do you remove something that does not exist? That one is another power they don’t have. They cannot pretend to possess a power they don’t have. They don’t have the power to install somebody as a governor; neither do they have the right to remove someone who was a governor from bearing the title of ‘former governor’. That is the position of the law.”
Remarking about the demand for Omehia to refund the N965m entitlements he allegedly earned, Aliyu SAN stated that the money was earned whilst Omehia was in office under the belief that he was the Governor, and as such the money was not stolen and cannot be refunded.
According to the SAN, Omehia had been sworn in as a Governor, and had been given Certificate of Return by INEC, as such the money he earned whilst under the belief that he was the Governor cannot be refunded.
To buttress this point, Aliyu SAN noted that Omehia worked in his capacity as a Governor; he had made decision, signed laws that and all this could not be declared null and void because he was removed by the Supreme Court.
In that same light, the learned silk stated that the money earned within the period Omehia acted and worked under the belief that he was the Governor couldn’t be refunded.
Reacting to the challenge by Wike that Omehia should go to court to challenge the demand of refund, Aliyu SAN noted thus:
“Omehia acted under the belief that he was a governor. He collected the salary in good faith as the Governor of Rivers State and he worked for that period. If he goes to court, I don’t see any court asking him to make any refund? Did he work? Was he sworn in? Was he given a Certificate of Return? If the answers to these questions are yes, then, there is no case.”
He established that the current actions of Rivers State House of Assembly as regards this issue had no backing of the law.
Furthermore, Aliyu SAN established that Omehia would have to refund pensions, gratuities, appendages, paraphernalia of offices (like cars from the Rivers State Government) and others, he earned as entitlements of an ex-governor, as the law did not recognize as being a Governor in the first place.
He pointed out that Wike, Omehia and Rivers State House of Assembly were liable for the offence of misappropriating public funds.
His words read thus: “What the House of Assembly did was a donation. They donated the ex-governorship power to him. Whatever the House gave to him would amount to misappropriation of public funds. So, if a public officer stole money and gave it to me and I knew that the money was stolen money and that I am not entitled to that money, I am as guilty as that officer who gave it to me. We both misappropriated public funds.
“House, the governor (Wike) and Omehia himself are all guilty of the same offence. So, he has to refund the money and benefits he collected after the judgment of the Supreme Court, whether done by the HoA or not.
“This is because the House has no right to even do that in the first place since the powers of the governor are in the Electoral Act and Constitution of the Federal Republic of Nigeria. What the House of Assembly did was even contempt of court.”
As to whether the derecognition and demand for refunds by the Government of Rivers State was an act of witch hunting, the learned Silk that even if the act should be considered malicious, it was still legal and they couldn’t be faulted for that.
Also, Aliyu SAN remarked on the number of days given to Omehia to refund the money, saying that it was reasonable and in fact an honor to him.
“There is no limitation to criminal liability. If someone steals your money and you find out that your money has been stolen, will you now give him seven days to refund your money or you report to the police immediately? Those who gave him and himself that took it are both criminals.
“This includes Wike himself, the House of Assembly and Omehia are liable to the Rivers State Government over the money they took from the state treasury. More so, Wike is a lawyer and knows the right thing to do,”he said.
He went to point that if Omehia fails to pay, he would be liable and be imprisoned as he was defrauding the State. He also reiterated that it was an offence that all parties involved was guilty of.
As to his advise to both parties, Yomi Aliyu SAN established thus: “I believe that, to clear his name, Omehia should just go and clear the debts and refund all the money and steer clear of the House of Assembly or anybody deeming him as an ex-governor in future.
“They cannot donate that power to him. He should pay the money and do the restitution. If it does not happen today, it will happen tomorrow. Someone would have asked him to do this refund.
“That Wike is the one doing it now is immaterial. He should even be happy that they are not asking for interest.”
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