THE POSITION OF RIVERS STATE GOVERNMENT AND MY THINKING.....! PRESS STATEMENT OF THE RIVERS STATE GOVERNMENT ON THE JUDGMENT OF THE HON JUSTICE IYAYE LAMIKANRA RESTRAINING THE JUDICIAL COMMISSION OF INQUIRY FROM SITTING The Rivers State Government has been informed of the judgment of the Rivers State High Court presided over by the Hon Justice Iyaye Lamikanra restraining the Judicial Commission of Inquiry constituted pursuant to the Rivers State Commission of Inquiry law to examine and make findings with respect to the disturbances on the 9th and 10th of July in the Rivers State House of Assembly which disturbances agitated the peace of the state for those two days and after. For the avoidance of doubt and for purposes of clarification, the Rt. Hon. Chibuike Amaechi, CON, as Governor of Rivers State has powers under the law to commission an inquiry into any matter or issue, however such matters arose as the enabling law does not state the categories or circumstances in which His Excellency can be prevented from constituting, such inquiries. Consequently, the exercise of such power does not make him a judge any more than the appointment of a High Court Judge also makes him a judge in any matter concerning him before such judge that he appointed. To the extent that the judgment of Justice Iyaye Lamikanra did not recognize this principle, the Rivers state Government does not accept it as well reasoned and shall take steps to appeal against it HONESTLY, I THINK THE RIVERS STATE GOVERNMENT IS BEING MISDIRECTED IN TERMS OF ADVICE ON THE LAW……. THE CONCEPT OF MY GOVERNOR BEING A JUDGE IN HIS OWN CASE OR CAUSE, WHICH IS WHAT THE CONCEPT OF NATURAL JUSTICE IS AGAINST DOES NOT MEAN: 1.THAT THE GOVERNOR HAS NO POWER TO SET UP THE COMMISSION OF ENQUIRY, OR 2.THAT THE GOVERNOR IS SITTING ON THE PANEL SET BY HIM, OR 3.THAT THE GOVERNOR HAS A PERSONAL RELATIONSHIP WITH THE JUDGE, HON. JUSTICE B.A. GEORGEWILL, WHO IS MADE THE HEAD OF THE COMMISSION. BUT IT MEANS THIS: 1.THAT THE GOVERNOR IS NOT ANTICIPATED [THE COMMISSIONER OF THE PANEL] IS NOT ANTICIPATED BY THE LAW TO BE PHYSICALLY INVOLVED IN THE LEGISLATIVE BOXING MATCH AS SEEN ON THE DIGITAL NETWORK AROUND THE WORLD ON THE SAID DEFINING DATE IN ISSUE. 2. THAT THE ABOVE AGE-LONG LEGAL PRINCIPLE, WHICH WAS VIOLATED IN THIS VERY CASE HIM, ROBES THE GOVERNOR THE ANTICIPATED NEUTRALITY EXPECTED OF THE CHIEF EXECUTIVE, HENCE, HE IS SEEN AS A JUDGE IN HIS OWN CASE…QED! THE WAY FORWARD IN MY CALCULATION: WHILE APPEAL IS OPENED TO THE GOVERNOR…….I WOULD LIKE THE GOVERNOR TO DO AN OPEN OPINION POLL THROUGH A SMART POLL TO DETERMINE A SOLE ISSUE: 1. WHETHER RIVERS PEOPLE VOTED MASSIVELY FOR THE GOVERNOR INTO THE 2ND TENURE TO CONTINUE THE DEVELOPMENTAL STRIDES OF HIS 1ST TENURE OR TO FIGHT FOR THE NIGERIAN GOVERNORS’ FORUM CHAIRMANSHIP STOOL???????? ALTERNATIVELY, ARE RIVERS PEOPLE ASKING THE GOVERNOR TO ABANDON THE BATTLE FOR THE NIGERIAN GOVERNORS’ FORUM CHAIRMANSHIP STOOL AND CONCENTRATE HIS FEW REMAINING DAYS IN OFFICE ON THE RAPID DEVELOPMENT OF RIVERS STATE???????
Posted on: Sun, 18 Aug 2013 16:24:55 +0000
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