Rivers State High Court Judge, Justice Simeon Amadi has dismissed the suit filed by the State ex-Governor, Rotimi Amaechi challenging the constitution of a Judicial Commission of Inquiry to probe his administration.
Governor Nyesom Wike of Rivers State had earlier set up the Justice Odedeji – led Judicial Commission of Inquiry to probe the sale of state assets by the immediate past administration.
Delivering judgment on Suit No PHC/187/15 yesterday filed by former Governor Amaechi, Justice Amadi 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.
He ruled that Governor Nyesom Wike by the provisions of the law is empowered to establish the Judicial Commission of Inquiry to investigate previous actions of government.
According to him, there is no law preventing a state government from finding out how her resources were expended.
He declared that former Governor Amaechi cannot disburse and expend funds of the Rivers State Government and turn around to claim that such powers belong to the National Assembly.
On the claim by the embattled former governor that the 30 days set aside for the sitting of the Judicial Commission of Inquiry will deny him fair hearing, the court held that the days set aside have not breached Amaechi’s right to fair hearing.
The 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.
Justice Amadi said that the 30 days set aside was not sacrosanct, hence it could be extended.
The court further held that the suit by former Governor Amaechi is speculative as he failed to prove the injuries that he has suffered because of the setting up of the Commission.
Justice Amadi held that, contrary to Amaechi’s 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.
Justice Amadi 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.”
Commenting on the judgment, Rivers State Attorney General, Emmanuel Aguma, said the commission of inquiry could now sit, pointing out that it will be fair to all parties.


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