AUGUST 21, 2015 : CHUKWUDI AKASIKE. THE Rivers State High
Court sitting in Port
Harcourt, on Thursday,
dismissed the suit filed
by a former governor
of the state, Mr. Rotimi
Amaechi, challenging
the setting up of a Judicial Commission of Inquiry to probe
his administration.
The State Governor, Chief Nyesom Wike, had constituted the
Justice George Omereji-led judicial commission of inquiry to
probe the sale of assets belonging to the state by the
Amaechi administration.
But Amaechi had gone to court to challenge the setting up of
the commission of inquiry to probe the immediate past
government.
However, Justice Simeon Amadi, who delivered judgment in
the suit, affirmed that the judicial commission of inquiry was
not established to investigate the personal activities of the
former governor.
Justice Amadi added that the commission was established to
investigate the previous actions of government as they
affected the people of the state.
According to him, Wike, by the provisions of the law, is
empowered to establish the judicial commission of inquiry
to investigate previous actions of government.
Justice Amadi specifically said that there was no law
preventing a state government from finding out how the
state’s resources were spent.
On the assertion by Amaechi that the 30 days set aside for
the sitting of the judicial commission of inquiry will deny
him fair hearing, Justice Amadi maintained that the number
of days set aside for the commission did not breach his
(Amaechi) right to fair hearing.
According to him, since Amaechi has yet to file a
memorandum before the commission and has not appeared
before it, the former governor cannot complain of not being
given a fair hearing.
The court stated that the 30 days set aside for the
commission of inquiry were not sacrosanct and could be
extended.
The court described Amaechi’s suit as being speculative
because the former governor failed to prove the injuries he
had suffered as a result of the establishment of the
commission of inquiry.
Amadi added that the terms of reference of the commission
did not accuse the former governor of crime – contrary to
the former governor’s claim.
He pointed out that the former governor was not on trial,
saying, “The judiciary is not only the last hope of the
common man, but it is also the last hope of the mighty and
the movers and shakers of democracy. Those who by the
benevolence of the judiciary got to power should resist the
temptation to emasculate the judiciary.”
However, the Rivers State Attorney General and
Commissioner for Justice, Mr. Emmanuel Aguma, explained
that with the court ruling, the commission of inquiry could
begin its sitting and promised that it would be fair to all
parties.
Aguma pointed out that the court decision on the matter had
shown that no claimant could run to a court to stop the
“legitimate business” of a judicial commission of inquiry.
But Amaechi’s counsel, Mrs. Winifred Enyinnaya, said the
former governor would appeal against the judgment. www.punchng.com

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