Impeachment: Court dismisses Amaechi’s case against lawmakers

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.