Omehia Not A Former Governor, Cant Be Compelled To Refund Unsolicited Pension Benefits -Court Rules

A Port Harcourt  High Court has ruled that Celestine Omehia is not a former governor of Rivers State and as such not entitled to the pensions meant for former governors and their deputies.

Justice DAKETIMA KIO in his judgment in a suit filed by CELESTINE OMEHIA against Rivers State governor, Attorney General of the State, Speaker and House of Assembly held that OMEHIA can not be made to suffer the wrong of the defendants in the suit.

Ruling on the matter brought before the court by Omehia, Justice Daketima Kio in a 97-page judgment that took almost three hours to read, however, said that the counterclaim by the state government demanding that Omehia repay N695m was lacking in merit as he hadn’t compelled anyone to pay him the money.

The court ruled against the demand by Rivers State government and House of Assembly for Sir CELESTINE OMEHIA to refund over six hundred and ninety six million naira paid to him as pension and other benefits by the state government till his derecognition.  But the court held that Sir CELESTINE OMEHIA from proper interpretation of the governor and deputy governor pension and free benefits law has never been a former governor of Rivers State and should not be have benefit from the pension as stated under the pension law of Rivers State government.

Justice KIO ruled that from every fact, Sir CELESTINE OMEHIA never apply to be recognized by state government and State House of Assembly, hence can not legitimately demand the money paid wrongly to the claimant since the demand came in a way of counter claim or cross action in an originating summon.

Justice DAKETIMA KIO insisted that the judgment of the supreme Court which described OMEHIA as imposter and pretender stand and OMEHIA should not preferred with the status of a former governor and should not benefit from the pension law of governor and deputy governor pension law just as he declined to award cost in favour or against any party but held that the parties should bear their cost themselves.

Though the counsel to Omehia refused to comment, the Senior State Counsel Gilbert Success representing the state government said he was satisfied with the ruling. But he refused to disclose whether or not they would be taking any further actions.

Counsel to Rivers State government and House of Assembly, SUCCESS GIBERT from the Ministry of Justice said in the eyes of the law, Sir Omehia was never Governor of the state but expressed happiness on the part of the judgment that favored his clients.

He declined commenting on the further steps the state will take to redeemed the pension paid to Sir Omehia

Background

After the tenure of Peter Odili expired, Celestine Omehia was elected and sworn in as governor of Rivers State on May 29, 2007.

Rotimi Amaechi headed to court to challenge the primaries that brought in Omehia.

After a legal battle, the court ruled that Amaechi was the validly elected candidate of the Peoples Democratic Party (PDP).

During the tenure of Nyesom Wike as governor, the House of Assembly, had enacted a law recognising Omehia as governor.

In 2023, however, the governor withdrew the recognition accorded to Omehia and demanded that he refund all pensions earned.