A Port Harcourt High court on Friday prohibited the Rivers State Commission of Inquiry set up to look into the recent fracas that rocked the State House of Assembly from going ahead with its activities.
Presiding judge, Justice Iyayi Lamikanra further granted an order restraining the Governor of the State from receiving or implementing any report from the Commission of Inquiry, adding that only a regular court could look into some of the criminal-related issues the Commission was set up to investigate.
It would be recalled that one of the five anti Governor Chibuike Amaechi lawmakers, Hon Victor Ihunwo representing Port Harcourt Constituency III had approached the court to among other things, stop the Commission from going ahead with its activities, arguing that its members were appointed by Governor Amaechi who he alleged was a party in the crisis to be investigated by the Commission.
“That His Excellency, Rotimi Amaechi, the 10th Respondent and his Government represented by the 11th Respondent instigated the crisis and supervised the execution of said crisis which he now purports to inquireinto by the instrumentality of a Commission of Inquiry selected, appointed and inaugurated by him, that is, the so called Judicial Commission of Inquiry comprised of the 1st set of Respondents.
The 1st set of Respondents as the Judicial Commission of Inquiry instituted by the 10th Respondents lacks jurisdiction to inquire into the terms of reference subject matter of the Commission.
The 10th Respondent cannot be a judge in his own case, wherein he can choose the members of the commission who are to inquire into the same crisis which he did not only precipitate but participated actively in.
The membership of the Commission as constituted is against the rule of natural justice.
An order of injunction as given restraining the 2nd set of Respondents from receiving any report from the 1st set of Respondents, or in any manner whatsoever implementing or putting into use any report, findings or opinion tendered by or submitted by the 1st set of Respondents in their capacity as a Judicial Commission of inquiry or under any guise whatsoever. [Vanguard]