RVHA To Appeal Judgement Against Commission

After about three weeks of jostling from one court to another almost on daily basis following the detention of the Leader of the State House of Assembly, Hon. Chidi Lloyd, on July 23

rd 2013 and the Climax of his release on bail on August 7, 2013, parliamentary new hounds have experiencing news drought. No thanks to the lingering crisis in the spite Assembly.

Attention on Assembly reportage shifted to the Judicial Commission of Enquiry set up by the State Government to among other things identify the remote and immediate causes of the July 9, 2013 fracas on the floor of the Assembly.

The Commission had its second sitting on Monday what it called “full-scale hearing” on all memoranda received from stakeholders on Thursday, August 15, 2013.

Chairman of the Commission, Justice Biobele Georgewill, explained that the 48 – hour extension of the deadline for submission of memoranda by interested parties in the matter was sequel to numerous requests from members of the society, who called for the extension to enable them submit their memoranda.

Goergewill assured that the Commission would be open and listen to all irrespective of their leanings in order to give fair hearing to all parties in the matter.

He reaffirmed that the Commission was a fact finding one, not meant to witch-hunt anybody, adding that it would not send anyone to prison since its sole desire is to find the truth in what may have triggered the crisis.

When the Commission reconvened on Thursday, it took three key decisions: the first was to invite the Commissioner of Police in the state, Mr. Mbu J. Mbu, the Minister of State for Education, Chief Nyesom Wike, the State PDP Chairman, Felix Obuah and other interested parties to appear before it.

The second was to publish all memoranda received in a local newspaper based in Port Harcourt, while the third was a reaffirmation to be fair in its activities.

The next day (Friday), a High Court presided over by Justice Liyayi Amankara, ruled that the Commission should suspend its activities. The court ruling followed a motion filed by a member of the State House of Assembly, and one of the anti-Amaechi five, Hon. Victor Ihunwo, who prayed the court to restrain the Commission from carrying out its mandate. His reason was that the Commission might be biased due to its constitution.

While giving the ruling, the presiding Judge explained that the composition of the Commission is against the laws of separation of powers and the law of natural justice, which states that one cannot be a judge in his own case.

The court also ordered the Rivers State government or any of its agencies to stay action from implementing any report from the commission.

Counsel to Hon. Ihunwor, the complainant, Dike O. explained further that “our case essentially was that the constitution and composition of the Judicial Commission of enquiry was not such as to secure its independence and neutrality as required by the fair hearing provisions of the 1999 constitution.

“Fortunately for us, the learned trial judge agreed that the  the way the Commission was constituted is not such as to secure its independence and neutrality, principally because the Governor, himself, was present throughout the entire disturbances in the House of the Assembly, and so he cannot now be a judge in his own case by setting up a Commission of enquiry”.

Reacting to the ruling, Deputy Speaker of the House, Hon. Leyii Kwanee, called for calm while they study the court order restraining the commission from carrying out its function. He said after consulting with their lawyers, they will appeal the judgement.

In the same vein, Hon. Ihunwor reacted to the judgement declaiming it as a landmark judgment. According to him, “it shows that the Judiciary is the hope of the common man”.

Hon. Ihunwor, however, noted that all the five anti-Amaechi lawmakers are ready to make peace.