A Rivers State High Court sitting in Port Harcourt Friday declared the Justice BiobeleGeorgewill-led Judicial Commission of Inquiry into the crisis that rocked the State House of Assembly on July 9 and 10 as illegal and unconstitutional.
Justice IyayiLaminkara, consequently restrained the commission from further sitting and also the State Governor, ChibuikeAmaechi; and the Attorney General of the State, WorguBoms, from receiving or implementing any report from the commission.
Delivering judgement on the suit instituted against the commission by one of the anti-Amaechi lawmakers, Victor Ihunwo, Laminkara held that from the facts before the court, the commission could not be fair in its investigation since some of its members were loyal to the governor.
The judge also upheld the arguments of the counsel to the applicant, Mr. Dike Udenna, that the Peoples Democratic Party (PDP) in the state was divided between the party chairman, Felix Obuah and Amaechi.
She held that the crisis that broke out at the assembly complex was between two factions, and by the principle of natural justice, the governor, being a key player in one of the factions, cannot be a judge in his own case.
The judge noted that the governor has executive power to set up a commission of inquiry pursuant to the Commission of Inquiry Act, but said the incident that took place at the House of Assembly was an internal affair of the legislature, adding that for the executive to investigate it would be usurpation on the principles of Separation of Powers.
The judge, who struck out the preliminary objection filed by counsel to the commission, Mr. Olusola Dare, for lack of merit, held that the commission, if allowed would be against the principle of fair-hearing.
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Source: ThisDAY
