The Court of Appeal, Port Harcourt Division, has upheld the legality of the Judicial Commission of Inquiry established by Rivers State Governor, Chief Nyesom Wike, to probe the sale of valued assets by the immediate past administration of Chibuike Rotimi Amaechi in the state.
\nThe Appeal Court, in a lead judgment by Justice O.F. Omoleye, also held that the Rivers State House of Assembly has the power to make the Commission of Inquiry Law ( CAP 30) under which Wike established the Judicial Commission of Inquiry.
\nDelivering judgment on Suit Number CA\/PH\/342\/2015, the court, in a unanimous decision, dismissed the appeal filed by former governor, Chibuike Rotimi Amaechi, challenging the constitution of the Judicial Commission of Inquiry.
\nThe court held that Justice Simeon Amadi of the Rivers State High Court was right when he ruled that the Judicial Commission of Inquiry had the power to sit and make recommendations.
\nThe Court of Appeal ruled that anybody who holds public office should be ready to be accountable to the people, even after leaving office.
\nThe Appeal Court, however, resolved that Amaechi has the locus standi to file the suit, since it had to probe his administration.
\nAddressing journalists after the judgment, counsel to the Rivers State Governor, Mr Dejo Laminkara (SAN), said that the Appeal Court, by its decision, stressed that the law for the establishment of the Judicial Commission of Inquiry remains valid.
\nAlso speaking, Attorney-General of Rivers State, Emmanuel Aguma (SAN), stated that the implication of the judgment was that the recommendations of the Judicial Commission of Inquiry are valid, and can be implemented.
\nHe expressed satisfaction that the Court of Appeal held that the Judicial Commission of Inquiry was validly constituted.
\nThe Court of Appeal panel that ruled on the matter include: Justice O.F. Omoleye (presiding), Justice J.S. Abiriyi and Justice S.T. Hussaini.
\nThe judgment lasted for 3 hours, 30 minutes.
\nDelivering judgment on Suit Number PHC\/187\/15 filed by the former governor, Justice Amadi had declared that the Judicial Commission of Inquiry was not established to investigate the personal activities of the former governor, but set up to investigate previous actions of government as they affect the people of Rivers State.
\nHe ruled that Governor Nyesom Wike, by the provisions of the law, was empowered to establish the Judicial Commission of Inquiry to investigate previous actions of government.
\nAccording to him, there was no law preventing a state government from finding out how her resources were expended.
\nHe declared that former governor Chibuike Rotimi Amaechi cannot disburse and expend funds of the Rivers State Government, and turn around to claim that such powers belong to the National Assembly.
\nOn the claim by the former governor that the 30\u2013day set aside for the sitting of the Judicial Commission of Inquiry will deny him fair hearing, the court held the days set aside had not breached Amaechi\u2019s right to fair hearing.
\nThe court noted that the former governor has not filed a memorandum before the commission and has not appeared before it, hence, he cannot complain that he was not given fair hearing.
\nAmadi said that the 30\u2013day set aside was not sacrosanct, hence it could be extended.
\nThe court further held that the suit by the former governor was speculative as he failed to prove the injuries that he has suffered because of the setting up of the Judicial Commission of Inquiry.
\nAmadi held that contrary to Amaechi\u2019s claims, the terms of reference of the Judicial Commission of Inquiry did not accuse the former governor of crime, neither is the former governor on trial.
\nAmadi declared: \u201cThe 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.
\n\u201cThose, who by the benevolence of the Judiciary, got to power, should resist the temptation to emasculate the Judiciary\u201d.
\nMean while, the Chairman, Rivers State chapter of the Peoples Democratic Party (PDP), Bro Felix Obuah, has praised the judgment by the Court of Appeal in Port Harcourt, upholding the legality of the Judicial Commission of Inquiry set up by the Rivers State Governor, Chief Nyesom Wike, to probe the unlawful sale of valued assets and looting of Rivers treasury by the former governor, Chibuie Rotimi Amaechi.
\nObuah, said that with the judgement, Amaechi would no longer evade justice, and would now be accountable to the people of the state after leaving office.
\nHe said it would have amounted to gross injustice and subversion of Rivers peoples\u2019 rights, if Chibuike Rotimi Amaechi was allowed to go without being probed after the huge looting, misappropriation of public funds and reckless sale of valued state assets by his administration.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Court of Appeal, Port Harcourt Division, has upheld the legality of the Judicial Commission of Inquiry established by Rivers State Governor, Chief Nyesom Wike, to probe the sale of valued assets by the immediate past administration of Chibuike Rotimi Amaechi in the state. The Appeal Court, in a lead judgment by Justice O.F. Omoleye, […]<\/p>\n","protected":false},"author":1,"featured_media":151442,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[76,26],"tags":[],"class_list":["post-151438","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-front-pix"],"_links":{"self":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts\/151438","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=151438"}],"version-history":[{"count":0,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/posts\/151438\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=\/wp\/v2\/media\/151442"}],"wp:attachment":[{"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=151438"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=151438"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thetidenewsonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=151438"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}