Rivers State Governor and Chairman of the Nigeria Governors’ Forum (NGF), Rotimi Amaechi, has sued his own party, the Peoples’ Democratic Party (PDP) to prevent them from probing the leadership of the party from probing the performance of his administration in the past six years.
The suit was filed at a Port Harcourt High Court before Justice Godspower Chiji Aguma by the governor’s counsel, Adebayo Adedipe (SAN), seeking to restrain the Felix Obuah-led PDP executive in the state from carrying out any form of investigation on his cabinet.
Amaechi is also praying the court for a preservative order based on the application for preliminary objection filed by counsel to the defendants for parties to maintain the status quo.
Amaechi was believed to have taken the legal action following the setting up of a committee to probe some elected officials of the Rivers State Government by the Obuah-led executive council of the ruling party.
When the matter came up on Thursday, Justice Aguma ruled that all parties to the suit should maintain the status quo, pending the determination of a motion for preliminary objection filed by counsel to the defendants.
He held that whenever there is an issue of jurisdiction in a matter, the court must decide on it before taking any other decision, and that none of the parties has right to take any action that will affect the rest.
The judge said although the parties have raised issues of jurisdiction, the court cannot pretend that the issue of res has not been raised, and later adjourned the matter to July 30 to rule on the issue of jurisdiction.
Plaintiffs in the suit include Amaechi, his commissioners, Senator Magnus Abe, all local government chairmen in Rivers State, and the Rivers State House of Assembly.
The defendants on the other hand include the PDP, Timothy Nsirim, Felix Obuah and Ibibia Walter.
Counsel to the defendants in their motions for preliminary objection had challenged the jurisdiction of the court when the matter came up yesterday.
In his submissions, counsel to PDP, Sammy Somiary, argued that there was no application on interim injunction by the plaintiffs before the court and that, therefore, the order for restraining the respondents from carrying out any action should not be given.
Somiary argued that based on the doctrine of prejudice his clients would not carry out any action that will affect the res.
He, therefore, prayed the court to abide by the constitution of the court.
Also, counsel to second and third defendants, Dike Udenna, told the court that whenever the issue of jurisdiction has been raised in a matter, the court cannot take any decision until it has been decided.
Udenna averred that fundamental issues of jurisdiction are not matters for the rules of court, maintaining that no court of law can determine how or when the issue of jurisdiction can be raised in a matter.
He also argued that the issue of preservative order cannot be divorced from that of jurisdiction and prayed the court not to make any pronouncement pending the determination of motion on jurisdiction.
Speaking to newsmen shortly after the court session, counsel to Amaechi, Adedipe, hailed the ruling, saying it was necessary for the administration of justice, both for the defendants and the claimants in the matter.
He stated that if the court does not protect citizens, society would be heading back to the days of jungle justice.
Why is Governor Amaechi afraid of Probe?
Everyone outside Rivers state believed he has and still is performing, and I know that its only the guilty that should be afraid of assesment!
This proves that the Governors performance rating is a product of Media creation, (wash wash)!