Rt. Hon. Chibuike Rotimi Amaechi V. The Governor Of Rivers State & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Rivers State, sitting in Port Harcourt, (hereinafter referred to as ?the trial Court?) per S.C. Amadi, J., delivered on 20th August, 2015 in Suit No. PHC/189/2015.

The background facts of this matter are that, at the trial Court, the Appellant, the immediate past Governor of Rivers State was the Claimant, while the 1st Respondent, the incumbent Governor of Rivers State and the 2nd to 10th Respondents were the 1st to 10th defendants thereat respectively.

Upon assumption of office, the 1st Respondent, pursuant to Section 1 of the Commissions of Inquiry Law, Cap.30, Laws of Rivers State, 1999, set up the 3rd Respondent, a Judicial Commission of Inquiry to investigate the sales of some valued assets of Rivers State and other related matters under the past administration of the Appellant. The Terms of Reference of the 3rd Respondent are as follows:

1. The sale of Omoku 150mw Gas Turbine; Afam 360mw Gas Turbine; Trans-Amadi 136mw Gas Turbine and Eleme 75mw Gas Turbine;
2. The sale of

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Olympia Hotel;

3. The Mono-Rail Project;
4. The non-execution of the contract for the construction of the Justice Adolphus Karibi-Whyte Specialist Hospital after the payment of the sum of Thirty Nine Million and Two Hundred Thousand Dollars to the supposed Contractor.
5. The disbursement or use by the Rivers State Ministry of Agriculture of the sum of Two Billion Naira Agricultural Credit Guarantee Scheme Fund and
6. The Withdrawal and expenditure of the accrued Ninety-Six Billion Naira from the Rivers State Reserve Fund without compliance with the Rivers State Reserve Fund Law, No. 2 of 2008.

The 4th Respondent is the Chairman and the 5th to 10th Respondents are the Members of the 3rd Respondent. Consequent upon the inauguration of the 3rd Respondent on 19th June, 2015, the 1st Respondent directed the 3rd to 10th Respondents to conclude the assignment as contained in the Terms of Reference within one month of the said inauguration. Therefore, a public announcement was issued giving notice and requesting all Affected and Interested Persons, the General Public, Corporate Bodies, Ministries, Agencies, Parastatals, Groups and Individuals,

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to submit memoranda to the Secretary of the Commission, that is, the 3rd Respondent.

Sequel to the action of the 1st Respondent, the Appellant commenced a suit against all the Respondents at the trial Court ?vide? an Originating Summons dated and filed on 6th July, 2015. In it, the Appellants submitted for determination the following questions verbatim, to wit:

1. Whether in view of the combined provisions of Sections 6, 251 and 272 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 3rd Defendant as set up by the 1st Defendant under the Commissions of Inquiry Law (Cap 30), Laws of Rivers State of Nigeria, 1999 can exercise judicial powers that are exclusively vested in Courts?
2. Whether in view of the combined provisions of Sections 6, 251 and 272 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the 3rd Defendant as set up by the 1st Defendant under the Commissions of Inquiry Law (Cap 30), Laws of Rivers State of Nigeria, 1999 can summon, issue a warrant of arrest, impose a fine, commit for contempt and summarily convict persons to imprisonment which are powers exclusively

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vested in Courts?

3. Whether the 1st Defendant can set up a Judicial Commission of Inquiry in any manner or form and clothe such body with power to summon, issue warrant of arrest, impose fine, commit for contempt and summarily convict and impose terms of imprisonment which are exclusive powers of the Courts?
4. Whether in view of the combined provisions of Sections 6, 251 and 272 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Commissions of Inquiry Law (Cap 30), Laws of Rivers State of Nigeria, 1999 is not unconstitutional, illegal, null and void in usurping the powers of Courts?
5. Whether the provisions of Sections 7 (b), (c), (d) and (e), 12, 13, 14, 17 and 18 of the Commissions of Inquiry Law (Cap 30), Laws of Rivers State of Nigeria, 1999 are not inconsistent and or in conflict with the Constitution of the Federal Republic of Nigeria 1999 (as amended) and to that extent unconstitutional, illegal, null and void and of no effect whatsoever?
6. Whether by the combined provisions of Sections 4(8) and 6 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 21 of the Commissions of

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Inquiry Law (Cap 30) Laws of Rivers State of Nigeria, 1999 which seeks to oust the jurisdiction of the Court is not unconstitutional, unlawful and of no legal effect whatsoever?