Court Stops Rivers Judicial Commission From Probing Assembly Crisis A PORT Harcourt High Court Friday declared as illegal and unconstitutional, the judicial commission of inquiry set up by the Rivers State government to investigate the crisis which rocked the House of Assembly on July 9 and 10, 2013. The Rivers State chapter of the Felix Obuah-led Peoples Democratic Party (PDP) lauded the ruling and gave kudos to the judiciary for its courage to insist on the truth. One of the five anti-Governor Chibuike Amaechi, State lawmaker, Victor Ihunwo, had filed a suit in a Port Harcourt High Court presided over by Justice Lamenkara Iyaye, seeking to prevent the judicial commission from investigating the crisis. The respondents are Justice Biobele A. Georgewill; (Chairman), Mr. Baribura Gbaragbo, Chief Goddy (Godwin) Agbaraosimini, Iboroma B. Akpana, Mr. Ejike Iwediba, Chief Desmond Nwosu, Mr. Uba Agadagba, Mrs. Asivosuo M. Oriye , Mr. Barinua C. Keenam, Rt. Honourable Chibike Rotimi Amaechi (Governor of Rivers State) and the Attorney General Of Rivers State. Ihunwo had in the suit asked the court to grant an order of injunction restraining Amaechi and the Attorney General of Rivers State from receiving any report from the judicial commission, or in any manner whatsoever implement or put into use any report, findings or opinion tendered by or submitted by the commission in its capacity as a judicial commission of inquiry. Delivering his judgment Friday, Justice Iyaye restrained the commission headed by Justice Biobele A. Georgewill, from further sitting to primarily investigate the crisis that broke out on the floor of the state Assembly following a botched attempt to illegally impeach the Speaker, Otelemaba Amachree. Justice Iyaye stressed that the principle of natural justice forbids Amaechi from constituting a panel to investigate a crisis in which he is an interested party. According to him, only s regular court is competent to try anyone over the crisis. The court then restrained Amaechi from receiving or acting on any recommendations submitted to it by the commission which had just on Thursday ordered the State Commissioner of Police, Mbu Joseph Mbu, Minister of State for Education, Nyesom Wike, Ihunwo and others to file in their responses to the memoranda submitted by the Speaker, Mr. Amachree, the Leader of the House, Chidi Lloyd and 25 pro-Amaechi lawmakers by August 20. Ihunwo in his suit had said that the governor and his government as represented by the Attorney General, instigated the crisis and supervised the execution of the said crisis which the governor now purports to investigate by the instrumentality of a commission of inquiry selected, appointed and inaugurated by him. The lawmaker alleged that the judicial commission consists of persons who are publicly known to be Amaechi’s apologists and who are fiercely loyal to him. Ihunwo claimed that since the judgment of the High Court of Federal Capital Territory, Abuja was made on April 15, 2013 in Suit No. CV/779/12; Obuah Amaechi Felix and Another vs. Peoples Democratic Party (PDP) and others, wherein the court restored the mandate of Obuah as the duly elected Chairman of PDP for Rivers State, the governor who had employed his state executive powers to impose Chief Godpower Umejuru Ake as the Chairman of the PDP in the state, has been struggling to regain control of the party. He alleged that some of the members of PDP who are prominently working with Amaechi in this effort to regain control of the PDP in Rivers State and to destabilize the leadership of Obuah, are interestingly members of the commission. A statement issued by Jerry Needam, Special Adviser on Media to Obuah, said the nullification of the commission and the consignment of any report and, or document from such enquiry to the waste basket of history, has vindicated the position of the party that the setting up of the commission ab initio was ill-intended and had no other motive than to witch-hunt perceived opponents of the governor. “We are happy and wish to express our renewed confidence in the Nigerian judiciary to uphold justice in the face of intimidation and wanton display of power. Particularly noteworthy is the recognition of the fact that the state legislature is a separate arm of government, as significant as both the executive and the judiciary, and must not be hijacked by either of the arms,” he said. Needam said the Obuah-led PDP however regrets even though it holds the individual members of the dissolved commission of enquiry in very high esteem, that they should in the first instance accept to serve in such illegal commission which it described as a tool for indictment of opponents.
Posted on: Sat, 17 Aug 2013 16:06:13 +0000
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