A
Rivers State High Court sitting in Port Harcourt, on Monday, dismissed a
suit filed by Governor Rotimi Amaechi against members of the state
House of Assembly from impeaching him.
The
case was between Amaechi (claimant) and the state House of Assembly,
Speaker, Otelemaba Dan-Amachree (excluding the five anti-Amaechi
lawmakers, as first set of defendants/respondents), as well as Evans
Bipi, Victor Ihunwo, Michael Chinda, Martins Amaewhule and Kelechi Nwogu
(as second set of defendants/respondents).
Giving
his ruling, the trial judge, Justice George Omereji, struck out the
suit on grounds that Governor Amaechi did not disclose any reasonable
cause of action in the petition, adding that the governor’s claim was
not justiciable and, therefore, incompetent.
All
the reliefs sought for by the claimant, including restraining the
respondents from carrying out impeachment process against him and the
act of harassment, intimidation, threat and abuse on the first set of
defendants by the chairman and secretary of the Rivers Peoples
Democratic Party (PDP), Felix Obuah and Walter Ibibia Opuene
respectively, were quashed in favour of the second set of defendants.
Justice
Omereji pointed out that the claimant mentioned the names of Obuah and
Opuene in the case for “criminal wrongdoings” without substantiating his
claims against them.
He
maintained that there was no way someone, who was mentioned for
criminal wrongdoings, would not be given an opportunity for fair
hearing, adding that it would amount to abuse of justice and personal
human rights.
“If
the court goes ahead on its ruling on the persons mentioned in the suit
without giving them opportunity to defend themselves, it would amount
to unfair hearing”, he said.
He
further said the claimant did not give reasonable cause of action to
show that there was a plot to remove him by the second set of
respondents, adding that it was in the mind of the claimant that there
was such a plot underway.
He
also pointed out that the “allegation of harassing, intimidating,
abusing and threatening” the first set of defendants by Obuah and
Opuene, were not on the claimant, and, therefore, was incompetent.
Counsel
for the second set of defendants, Dike Udenna, asked court to award N1
million cost to his clients but was countered by counsel for the
claimant, Beluolisa Nwofor, who argued that Udenna’s clients did not
appear in personal capacity but as members of the state House of
Assembly.
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