Politically Motivated Killings: Court Stops Gov Amaechi’s Commission of Inquiry from Sitting

Justice Eche Nkachiwa of the federal high court in Port Harcourt has issued an interim order restraining the Rivers State Commission of Inquiry on politically motivated violence and killings from sitting pending the hearing and determination of a suit before the court against the setting up of the commission.

The suit was instituted by the People Democratic Party (PDP) in Rivers State challenging the setting up of the commission of inquiry by Rt. Hon Chibuike Amaechi.

Counsel to the PDP, Dike Odena told newsmen that the interim order means the commission of inquiry will not sit until the 6^th of May when the matter was adjourned to.

Odena said: “My client went to court to enforce their fundamental right against the commission of inquiry. The court just granted them interim order restraining the commission from sitting. So, what that means in effect is that the commission of inquiry will not sit pending when they would come before the court to explain themselves. Especially, there is this motion for interlocutory injunction which has been fixed for the 6^th of May. But the interim order is to restrain them from sitting between now and then. So, they are not supposed to sit until after when then come for the hearing of the motion on notice on the 6^th of May.”

Odena also said the PDP was praying that the court should hold that Governor Amaechi lacks the power to constitute a panel of inquiry to investigate politically motivated killings and violence in the state since he was also an interested party.

“Essentially, the PDP went to court to challenge the commission of inquiry, principally on three grounds: The first one is that the governor who instituted the commission is not qualified to do so because he is a party in the matter which he wants to be investigated. So, he cannot be accuser, the judge and be the same person who will implement the commission’s report.

“The third ground is that the whole allegation of violence and politically motivated killings are criminal allegations in respect of which even the governor does not have the competence to inquire into. He cannot then be instituting an inquiry to investigate allegations of crime. Only the police and the judiciary have the jurisdiction to inquire into such matters. So, principally on these three grounds, PDP is saying look; carrying on with the inquiry in these circumstances would infringe on our right because we are simply being targeted,” Odena said.

The court has in the meantime asked the PDP to put the commission of inquiry on notice before adjourning to the 6^th of May for hearing on the suit.