The immediate past Governor of Rivers State, Rotimi Amaechi has
written a letter to the Senate President, Bukola Saraki, begging him to
discard the White Paper indicting him as issued by the Barr. Nyesom
Wike-led Rivers State Government.
In the letter, the embattled
Nominee claimed that he was innocent of the allegations of corruption
for which he had been indicted by the Judicial Commission of Inquiry
chaired by Justice G.O. Omereji.
Signed by his counsel, Edward
Pepple and dated October 12, 2015, the letter explained that the Supreme
Court had emphasised in a case involving former Vice President, Atiku
Abubakar “that an indictment by judicial commission of inquiry or
administrative panel is not an ‘indictment’ or sufficient for the
purpose of preventing a person from holding a public office.”
The letter added: “Section 182(1)(i) only enables a judicial
commission of inquiry or administrative tribunal to determine the
culpability of a citizen where it is alleged that such citizen has been
in breach of standards of behaviour expecting in public life.
“Where
such inquiry finds a citizen liable or culpable of a conduct bordering
on criminality and the federal or state government accepts such a report
through a published white paper, it is still not enough to deny a
citizen eligibility to the office of governor unless and until he is
afterwards prosecuted in a court of law and found guilty.
“Mr.
President, we have no doubt that the Senate being an arm of government
established under the Constitution of the Federal Republic of Nigeria
verily appreciates the general principle of the rule of law, hence the
invitation extended to our client to respond to the petition.
“Whereas
we appreciate the commitment of the Senate to be fair and just,
especially in offering our client an opportunity to state his side of
the matter, however, we need to state, and most regrettably too, that
our client is unable to comment or respond in specific terms to the
allegations contained in the said petition as that would amount to
commenting on the subject matter before the court of law.”
While urging the Senate president to ignore his indictment, the
ex-Governor said one of the cardinal principles of fair hearing is that
an accused person is presumed innocent until he is proved guilty.
He
also claimed that his position was strengthened by Section 36 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
adding that the allegations are not only false but “also made with the
intent to solely irritate, embarrass and tarnish the hard earned
reputation of our client and maliciously represent him as a person not
fit and proper to occupy public office.”
Amaechi further claimed
that if the intention of the petitioners was genuine there would not
have been any need to petition the Senate having earlier petitioned the
Economic and Financial Crimes Commission (EFCC) and the Independent
Corrupt Practices and Other Related offences Commission (ICPC) over the
same matter.
The letter reads further, “We wish to re-emphasis
that our client is always ready, usually enthusiastic and desirous of
defending himself at all times, however we have implored and advised him
that he is restrained at this time, most regrettably, from commenting
on the content of that petition, which is the subject matter before the
courts of law. He is therefore not in a position to respond to the
petition, issue by issue before the distinguished Senate.
“In the
circumstance therefore, we urge you with utmost respect to discard the
malicious petition intended to disparage and malign our client’s
reputation and misrepresent him before the distinguished senators and
the nation and create the wrong impression that our client is not a fit
and proper person to occupy public office. He is a fit a proper person
to occupy any position in this country. He is capable mentally and
physically.”
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