Amaechi to Saraki: Disregard petitions against me

Former governor of Rivers State, Rotimi Amaechi, has written Senate President, Bukola Saraki.

Amaechi would like Saraki to ignore the white Paper issued by Governor Nyesom Wike against him and his administration as well as the petition sent to the Senate by Livingstone Wechie.

n both instances, he was accused of corruption.

Speaking through his lawyer, Edward Pepple, the lawyer stated that the whole paper and petition are against the Constitution of the country and consequently, should be forsaken, pending the hearing and determination of the suits on the matters.

Amaechi said he would not be forced to speak to actions that were geared to embarrass and ridicule him on a matter that is already before a court.

The letter said in part:

“This position of the law has been upheld and reaffirmed severally by the Supreme Court of Nigeria. In the case of DOHERTY V. BALEWA (1961-1962) NSCC (page 248) at 257, lines 35-50, the Supreme Court in a similar situation with the instant case held as follows:
“The power of the commission to impose imprisonment is clearly contrary to the provisions of Section 20, and this was not disputed by the Attorney-General. This must also apply to the power to impose a fine, which is enforceable by imprisonment.

In these circumstances we would hold that Sections 8, 15 and 18 are invalid to the extent that they purport to empower a Commissioner to inflict a punishment of a fine or imprisonment that the Sections should be “read down” accordingly.”

“Similarly, in the celebrated case in which our client was declared the elected Governor of Rivers State [AMAECHI vs. INEC & ORS (2008) 5 NWLR (PT 1080), page 227, at 306, para E-F], some political interests acting with the intention of preventing our client from pursuing his Governorship mandate which was in dispute at the time, did set up an Administrative Panel of Inquiry and purported to have indicted him, as is been repeated at the moment, the Supreme Court held that:

“A Judicial Commission of Inquiry or an Administrative Panel is not the same thing as a Court of law or its equivalent. Because a Court of Law operates within a judicial hierarchy any person wrongly convicted is enabled to contest his conviction to the Supreme Court of Nigeria. This is a right granted by the Constitution of Nigeria”

“In the case of EGBUNIWE V. FGN (2010), 2 NWLR (PT 1178), page 348, at 368, para C-D, the Court held that:

“The Constitution is clear as to who should perform judicial acts.  And since it is the exclusive function of the judiciary to exercise judicial function, any member of the executive who interferes with those functions must be prepared to face the consequences of such interloping conduct by way of an action by a person aggrieved”.