Court Rules On Speaker, Police Suit, July 29

A Rivers State High Court presided over by Justice Adolphus Enebeli yesterday fixed July 29, 2013 to delver judgement on a suit between Speaker of the Rivers State House of Assembly, Rt Hon Otelemaba Amachree and the state Police command.

The suit, filed by counsel to the Speaker, Mr Emenike Ebete, is seeking the court order restraining the police from arresting and interrogating the Speaker over his concerns on alleged plots to assassinate the governor and cause instability and disorder in the state.

Justice Enebeli fixed the date for the judgement after listening to submissions by counsels to the parties when the matter came up for hearing, yesterday.

In his submission, Mr Ebete urged the court to sustain his application, while also quashing the counter affidavit filed by counsels to the defendants for lack of evidence.

Ebete argued that the open letter to the President, on which the defendants based their counter-affidavit was not signed by any person, and enhance could not be used to investigate the Speaker.

He emphasised that as much as the police had constitutional right to investigate anybody, there must be a provable allegation against a person.

The Speaker’s counsel, who also filed a further and better affidavit to buttress his facts, submitted that the police were already biased on the matter, and therefore should not be the ones to investigate the matter.

He further submitted that the police command was working with the Peoples’ Democratic Party (PDP) in the state led by Mr Felix Obuah following the suspension of the executive and legislative arms of the Obio/Akpor Local Government Council, emphasising that the Speaker cannot be made to face the law based on the action of the  Assembly.

He alleged that the Obuah-led PDP was using the state police to compel the Assembly to reverse its suspension of the Obio/Akpor chairman and councillors, noting that the matter bordered on abuse of their fundamental human rights.

In his defence, Mr D.C Denwingwe objected to the submissions of the applicants, saying that the application was an invitation of the court to stop the police from performing their constitutional duties.

While emphasising that nobody under the constitution was immuned from police investigation, Denwingwe submitted that the case of bias cited by the counsel to the applicant was not before the court and should not be granted.

He further submitted that the suit was a misconception of the police invitation of the Speaker, adding that the burden of proof that the police command was sponsored lay on the applicants to prove.

He thus urged the court to strike out the  suit, saying that it was premature in nature. It would be recalled that the Speaker had in two different suits sought the court to prevent the Inspector General of Police, Assistant Inspector General of Police, Zone 6 on one hand and Rivers State Commissioner of Police, Deputy Commissioner of Police and the Divisional Police Officer in charge of Obio/ Akpor on the other hand from breaching his fundamental human rights.

This was sequel to a press briefing in Port Harcourt by the police in which the state police commissioner indicated his readiness to interrogate the Speaker on allegations of alleged planned assassination of the state Governor, Rt Hon Chibuike Amaechi and some other state government functionaries in the wake of the PDP and Obio/Akpor Local Government Council crisis in the state.

Meanwhile, the court presided over by Justice A. Enebeli has also granted leave on counsel to Chief of Staff, Chief Tony Okocha to serve the President of Port Harcourt Club, Mr Sylvester Eliomo through pasting at the office of the Club at Forces Avenue.

Counsel to Okocha, Mr Vincent Uchendu had through a motion experte sought the leave of court to serve Eliomo through pasting, saying that the latter had been evading service.

The judge later adjourned the matter to August 5 for hearing.