In what could be described as a twist of fate, the same court the former
governor of Rivers State, Chibuike Amaechi, shut down for over a year
following his feud with the National Judicial Council had cause to
decide his suit against the commission of inquiry to probe his
administration last week, Davidson Iriekpen writes
While in
power, if anyone had told him it would happen so soon, he would have
doubted it. But this was what played out last week when the suit the
former Governor of Rivers State, Chibuike Amaechi, filed to stop the
probe his administration at the state High Court sitting in Port
Harcourt was dismissed.
Wike had on June 19 inaugurated a
judicial commission of inquiry to investigate Amaechi over the sale of
Omoku 150 megawatts (MW) Gas Turbine, Afam 360 MW Gas Turbine,
Trans-Amadi 136
MW Gas Turbine and Eleme 75 MW Gas Turbine, the
mono-rail project and Olympia Hotel. Other areas for the commission of
inquiry to investigate include “the non-execution of the contract for
the construction of the Justice Adolphus Karibi-Whyte Specialist
Hospital after the payment of the sum of $39,200,000 million to the
supposed contractor; the disbursement or use by the state Ministry of
Agriculture of the sum of N2 billion Agricultural Credit Guarantee
Scheme Funds, and the withdrawal and expenditure of the accrued N96
billion from the Rivers State Reserve Fund without compliance with the
Rivers State Reserve Fund Law No. 2 of 2008.”
The former
governor, ironically, ran to the State High Court he had shut down for
over a year following his feud with the National Judicial Council (NJC)
over who was the most qualified to head the state judiciary between
Justice Peter Agamagu and Daisy Okocha. In suit number PHC/187/15,
Amaechi asked the court to stop the judicial commission of inquiry on
the grounds that it was a witch-hunt and that he would not get fair
hearing since the commission had only 30 days to conclude its sitting.
He also said the inauguration of the judicial commission of inquiry by
Wike was wrong as the Commissions of Inquiry Law of Rivers State (Cap 30
Laws of Rivers State of Nigeria 1999) was defective as it tried to
appropriate the powers of courts.
However, delivering
judgment on the suit, the presiding judge, Justice Simeon Amadi,
declared that the Judicial Commission of Inquiry was not established to
investigate the personal activities of the former governor but to
investigate previous actions of government as they affect the people of
the state. He ruled that Wike by the provisions of the law is empowered
to establish the judicial commission of inquiry to investigate previous
actions of government.
According to the judge, there is no
law preventing a state government from finding out how her resources
were expended. He declared that Amaechi cannot disburse and expend funds
of the Rivers State Government and turn around to claim that powers to
investigate such matters belong to the National Assembly. He also said
Amaechi could not claim that the state Commissions of Inquiry Law was
defective when he (Amaechi), during his tenure as governor, also used
the same law to set up both administrative and judicial commissions of
inquiry.
On the claim by the former governor that the 30 days
set aside for the sitting of the judicial commission of inquiry would
deny him fair hearing, the court held that the days set aside have not
breach his right to fair hearing as the number of days was not
sacrosanct. The judge said the former governor failed to show a
reasonable cause of action that his right to fair hearing would be
breached by the commission. He noted that the former governor has not
filed a memorandum before the commission and has not appeared before it,
hence it was premature for him to claim that he would not be given fair
hearing. The court further held that the suit by Amaechi was
speculative as he failed to prove the injuries that he has suffered
because of the setting up of the judicial commission of inquiry.
The
presiding judge held that contrary to Amaechi’s claims, the terms of
reference of the Judicial Commission of Inquiry did not accuse him of
any crime, neither did it state that he was on trial. He declared: “The
judiciary is not only the last hope of the common man, but it is also
the last hope of the mighty and movers and shakers of democracy. Those
who by the benevolence of the judiciary got to power should resist the
temptation to emasculate the judiciary.
Amaechi had shut down
the state judiciary for over 15 months due to his disagreement with the
NJC over the headship of the third arm of government in the state. To
many analysts, it was a surprise that the former governor could
contemplate filing a suit against any perceived ‘injustice’ at the same
court he shut for over a year based on his inability to have his way on
who becomes the Chief Judge of the State. During the period of the
closure of the courts in the state, the former governor was constantly
reminded on how he got to power through a Supreme Court verdict even
when he did not contest election. Yet, all these did not make him change
his mind until Wike assumed office on May 29 ordered the reopening of
the courts.
Trouble had started when the Amaechi nominated
Justice Peter Agamagu as a replacement of the retired chief judge,
Justice Ndu. The nomination did not go down well with the NJC which felt
that Justice Daisy Okocha was the most qualified person. But Amaechi
disregarded the council’s directive. Based on the NJC’s insistence on
Okocha and its suspension of Justice Agamagu, the then governor shut
down the courts in the state, thereby crippling judicial activities in
the state for over 15 months.
While reacting to the verdict, a
Port Harcourt-based lawyer, Chigoze Amadi said he was surprised that
the Amaechi went to court. Amadi added that the fact that the former
governor ran to court to stop the commission of inquiry showed that he
has questions to answer. He advised Amaechi to return whatever he
illegally acquired while in office if he is guilty.
He said:
“I must confess that I am totally shocked that Amaechi went to court. I
am even more shocked that he went to the same court that he closed down
for over 15 months. What a shame! Our politicians will never learn.
Imagine a man who rode to power on the back of the judiciary,
emasculating and ridiculing the same judiciary. When we cautioned him,
he did not listen. Is he not out of now office now?
“Besides, why is
he afraid? A clear conscience they say fears no accusation. If he is
sure his hands are clean he should not be afraid of facing the judicial
commission of inquiry? The fact that he is running from pillar to post
now shows he has questions to answer. He must return whatever he has
stolen from Rivers if indeed he is guilty as alleged. He that comes to
equity must come with clean hands. It will be hypocritical of him to be
condemning former President Goodluck Jonathan and others of corruption
on the pages of newspapers while he remains the chieftain of treasury
looters.”
Another lawyer, Samson Nwuche, criticised the
former governor for daring to approach the court after desecrating the
same court for over year. He commended the judge for dismissing the
Amaechi’s application, saying any judge who would grant such request
should have his head examined.
“For over one year, we begged
Amaechi to resolve the feud with the NJC and let us go back to court, he
refused. We were hungry and starving, some of us died, some relocated
to other states since we could no longer pay our bills. We begged him,
he refused to listen to us. Today, the same Amaechi is running to the
same court to stop his investigation. Thank God the judge did not grant
his request. Any judge that will grant such request should have his head
examined,” he said.
On his part, a Lagos-based lawyer, Peter
Eragbai, said there was a lesson to learn from the Amaechi experience.
He said though the judiciary is a place the weak and oppressed run to,
it was embossing for the former governor to run to the same he shut down
for over a year. He cautioned leaders with self-centred attitude to
learn from the former governor’s travail.
“Agreed that the
judiciary is a place bias is not expected, is it not a disgrace for
Amaechi to seek justice in the same court he closed down for over a
year. During this period, he did not only render a lot of people hungry,
he left lawyers and litigants to suffer. The same person went to the
same court to seek justice? Is this not a shame? When people tell their
leaders to learn from history, they don’t listen. When they are in
office, they forget tomorrow. Thank God his application was not granted.
Was he expecting victory from the same court he shut down,” he said.
Even
before the commission commenced sitting, the former governor had
expressed fears on whether he would get favourable verdict. In a
statement by his media office last Sunday, he accused the incumbent
governor, Nyesom Wike, of persecution adding that it was clear that the
panel members had been directed to indict him. He specifically accused
the commission chairman, Justice G. O. Omereji of harbouring extreme
anger, hatred and animosity against him.
“Justice Omereji has
never disguised his stance and disposition towards Amaechi. As a matter
of fact, Justice Omereji even advised a former Nigerian Bar Association
(NBA) chairman in Rivers State on measures (to take) against then
Governor Amaechi. He had expressed his hatred for Amaechi several times
to the NBA chairman who was also an Attorney-General of the state. How
can we now expect Justice Omereji to be fair to Amaechi, the person he
passionately loathes with extreme malice and venom?”, he lamented.
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