The Court of Appeal sitting in Port Harcourt yesterday asked the Rivers State election petitions tribunal to conduct fresh hearing on the petition brought before it by the governorship candidate of the All Progressives Grand Alliance (APGA) in the state, Sir Celestine Omehia.
Omehia is challenging the declaration of Governor Chibuike Rotimi Amaechi of the Peoples Democratic Party (PDP) as the winner of the April 26, 2011 governorship election in the state. The APGA governorship candidate came second during the election polling a total of 112, 528 votes.
Delivering judgement on the appeal, the presiding justice, Hon. Justice Tayo Awotoye said the court could allow the case, but it has to be retried at the lower court based on its merit.
Sending the case back to the election tribunal, Awotoye said the case would be heard by a new panel, prompting jubilation from supporters of Omehia who were in the court in their thousands.
In his reaction, counsel to Amaechi, Mr. Oluseyi Diya, said the judgement of the Appeal Court would be communicated to his client for necessary action.
It would be recalled that the state election tribunal chaired by Justice Amina Wambai had, on July 28, 2011, thrown out Omehia’s petition due to lack of proper filing, insisting that the petition was not filed as? a motion but a letter written to its through its secretary.
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