Rivers State governor, Chibuike Amaechi yesterday in Port Harcourt put up a stiff resistance to the court injunction, ordering the judicial panel of inquiry into politically motivated killings and other violent matters to stop.
Represented at the panel by his counsel, Belu Olisa Nwofor (SAN), who as well stood for the Commissioner of Justice and Attorney General of the state, Boms Wogu, he argued that the panel had no reasons to stop the proceedings on points of law.
In his argument, Mr. Nwofor stated that the panel was not among the parties involved, maintaining that it was its own legal and distinct entity different from the members of the panel.
“The party to a suit is the person whose name is designated on record as either plaintiff or defendant; hence since the commission’s name was not so designated, it therefore commits no court content by continuance.”
He also posited that since the PDP failed to make the commission a party to the suit, it could not therefore compel it to stop its proceedings.
The legal luminary, who noted that the error was fundamental, also viewed the service of the injunction as improper.
On the implication of his observation, the SAN posited that the commission was not bound by law to obey the injunction.
“The order has no potency, and the respondent not bound by it. On this premise therefore, nobody will accuse the panel of disobeying the court order, or committing contempt of court.”
On the members of the panel who were designated as parties (defendants), the governor’s counsel also disclose that they should continue with the proceedings because they constituted the panel, and were not there on their personal capacity as individuals.
The Peoples Democratic Party, PDP, had on Monday, through its counsel, Chief Emma Aguma, served the state government’s constituted judiciary panel of inquiry into politically motivated killings and other violent matters in the state an injunction restraining it from the proceedings.