…As PDP hails ruling
A Rivers State High Court, sitting in Port Harcourt, has sacked the Judicial Commission of Inquiry, set up by Governor Chibuike Rotimi Amaechi, to look into the crisis that erupted in the state House of Assembly on July 9 and 10, 2013.
The court also restrained the governor and the state Attorney-General from receiving, accepting or implementing any report or recommendation from the commission.
The ruling was given Friday, by the trial Judge, Justice I. Iyayi-Lamikanra, following a suit filed by one of the Assembly members, Victor Ihunwo, representing Port Harcourt City III Constituency, challenging the constitution or composition of members of the commission.
Justice Iyayi-Lamikanra upheld the two reliefs sought by the anti-Amaechi applicant, which were to stop 1st to 9th respondents (coommission and its members) from sitting and restrain the 10th and 11th respondents (Governor Amaechi and the Attorney-General of the state, respectively) from accepting, receiving or implementing any report or recommendation from the panel.
She conceded that the commission was constituted in a manner that its independence and neutrality would not be guaranteed, as required by the fair hearing provision of 1999 Constitution.
The judge also upheld that the establishment of the commission was a violation of the doctrine of Separation of Power, saying that the incident that led to the setting up of the panel took place in the hallowed chamber of Rivers State House of Assembly.
According to her, going by the doctrine of Separation of Power, the executive arm of government was different and distinct, from the legislative arm. As a result, she further argued that one arm of government (the executive) was not supposed to set up a panel of inquiry into the internal workings or things that happened in the other arm of government.
Justice Iyayi-Lamikanra pointed out that, part of the terms of reference, given to the commission, which included criminal matter, would amount to usurpation of the function of the regular court, which had the competence and jurisdiction, under the constitution to try criminal cases.
The commission, had on Thursday summoned the Minister of State for Education, Chief Nyesom Wike, the state chairman of PDP, Chief Felix Obuah and others, to appear before it. But is a swift reaction that same Thursday, Wike and Obuah, who spoke to Saturday Sun through the Special Adviser to the PDP chairman on Media, Mr. Jerry Needam, said they would not appear before the panel.
Needam had explained that while Wike and Obuah held members of the Biobele Georgewill-led panel in high esteem, they strongly believed that the panel was set up to victimize them.
‘’We hold members of the committee in high esteem but , however, reject the invitation extended to the Minster of State for Education and the Chairman of PDP, Rivers State.’’
Besides the fear of victimization, the two politicians said the panel of Inquiry needed not to invite them to appear before it, as they had already challenged its constitution in the court of law.
“Amaechi can’t be a judge in his own case. He was in the hallowed chambers on the day of the incident. He is a suspect, he lacks the moral ground to inaugurate the panel. The report of the panel is already premeditated’’, he stated.
Wike and Obuah also expressed fears that Governor Amaechi would use the panel to indict his political enemies. The party said: ‘’He is targeting the Minster and the Chairman of the PDP. We reject the invitation and the panel. The panel is acting on Amaechi’s instruction. The outcome of the panel will not bring peace, it will be vindictive. The panel is targeted at perceived political enemies.”
They also questioned their invitation, when the panel was already aware of the court order, for stay of proceedings and its disbandment. ‘’The speed at which they invited Obuah and Wike is suspect,’’ he concluded.
Meanwhile, the state chapter of the Peoples Democratic Party (PDP), has lauded yesterday’s court ruling.
Chairman of the party, Chief Felix Obuah, in a statement issued through his media aide, Jerry Needam, said the nullification had vindicated the position of the party, that the setting up of the commission was intended to witch-hunt perceived opponents of Governor Amaechi.
He commended the judiciary for its courage to uphold that the incident, which occurred in the presence of the governor, could not be investigated by him.
“We are happy and wish to express our renewed confidence in the Nigerian judiciary, for upholding justice in the face of intimidation and wanton display of power.
“Of 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,” the party noted.
It expressed optimism that the dissolution of the panel would boost the ongoing peace reconciliation of the aggrieved members of the party at both the state and national levels.
Addressing journalists shortly after the judgment, counsel to the 1st to 9th respondents, Olusola Dare, said he would contact his clients to decide on the next step to take.
Also, counsel to the applicant, Dike Udenna, commended the Judge for her unbiased judgment, adding that the 10th respondent was an interested party in the matter, as he could not be a judge in his own case.
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