Here is my argument
Rotimi Amaechi was sworn in now as the Governor although he did not personally win the election but his party won and he was supposed to be his party's candidate (which he was not at the time of election), what now happens if he decamps to another party ( as many governor's did and are still doing? does he still have the mandate to rule having left the party that brought him to power

NB: I am happy for Rotimi, though, i am not just clear about who the law really stipulate as having the mandate - the Party or Person

The party is the main but the person stands as an advert for the party.

I disagree- individuals vote for the person not the party. I am a democrat that voted for Bush as I could not stand Kerry's flip flopping style.

Who knows that maybe if Amaechi went to the polls maybe another party's candidate would have been successful. Afterall he was speaker for 2 terms and I hear several billions of Naira was found in his wife's bank account.

I think it is the party 1st and the Person 2nd. But looking at the case of ANPP's Buhari contesting the last election results without the backing of his party is very confusing since there are no Independent Candidates in Nigeria just yet.

We could have had a troubling scenario during OBJ's last term in any circumstance of him being unable to complete his term and Atiku of the rival AC becoming President

Rotimi Amaechi was expelled from the PDP for taking the party to court. The AC is now wooing him to it's fold and so he may become an AC Governor untill the Election Tribunal do the reasonable thing and call for fresh elections where he may contest under AC platform.

I don't see PDP using Amaechi as it's candidate in any new election in Rivers State if it ever comes to that.

There are too many Grey Areas in the Military-Imposed Constitution that we currently use and an amendment to it may clear some  of it e.g Cross-Carpeting in the Floors of the house and also at executive level. Tinubu an AD Governor metamorphosed into AC Governor and also the swearing into office of Governors and other elected officers despite pending Court Cases. IMO a 6 Month waiting period is needed whereby all election cases are given accelerated hearing.

The supreme court has the answer to your post.

I personally think that the Supreme Court erred in law. But they have reached their decision unanimously ( i think) and that is the end of it because they cannot overrule themselves unless the matter is reconsider in the House to amnend whatever the Law the supreme court is interpreting.

I think the is for the candidate otherwise we could have been asked to vote for the party who will then nominate whoever they wanted like the parliamentry system where the party choose their leaders as in the Prime Minister and Leaders of the Opposition but because we operate the Presidential system it is for the candidate.

Imagine PDP nominating somebody from OYO state to be governor in RIVERS state would the people not vote for opposition candidate who is from River State ? so it is not just the party but the candidate

The supreme court should have asked for re-run of the Election of River State Governor with AMechi as the PDP candidate. My only opposing thought is that PDP may rig the election in favour of any other party candidates ! who knows, anything is possible. So the Supreme court may be playing 'god' here. fearing YAR A'DULL and his uncle OBJ power.

We shall await their reasoning on the 18th January 2008 by which time we would have clearity.