Amaechi In A Twist Of Fate, Seeks Protection In The Same Courts He Shut Down

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.