A
former governor of Rivers State, Mr. Rotimi Amaechi has pleaded with
the Senate not to stop his screening as a minister-nominee.
In three separate letters written by his solicitor, Edward E. Pepple to the Senate president, Senator Bukola Saraki and Senate Committee on Ethics, Privileges and Public Petitions Amaechi gave reasons why the Senate should not stop his screening as a minister-nominee declaring that the allegations against him were not only false and made mala fide but were also subjudice.
While insisting that the allegations were with the intent to “solely irritate, embarrass and tarnish his hard-earned reputation” Amaechi reminded the Senate that he should be presumed innocent until the contrary is proved.
While telling the Senate that since there were pending cases at the Federal High Court, Abuja and the Court of Appeal on the matter he told the Senate that any action on the allegations by the Senate would be subjudice just as he asked the Senate to preserve its Standing Order which bars it from dabbling in any matter pending before a court.
Amaechi, in the letters, asked the Senate to “discard” the petition against him by the Integrity Group and the report of the Justice G. G. Omereji’s Judicial Commission of Inquiry.
“Just as the general principle of law is that commentaries and other forms or outside-the-courtroom discussions should not be encouraged or engaged in relation to the subject matter of any judicial litigation, so as not to prejudice and prejudge a matter before a court, we have also realised that this Distinguished Senate has not only adopted this principle of law, but has also made it a written code in its Rules and Standing Orders, which is the compass for the proceedings of the Senate.
“The Senate by so doing has debarred Distinguished Senators from considering matters which are rightly or wrongly subjudice for the sake of ensuring the much desired separation of powers and preventing possible loop holes that may exist or be created in an attempt at short-circuiting the process of justice and circumventing the stringent application of the laws of our land.
“Mr. President, needless to emphasise that it is one of the cardinal pillars of fair hearing that an accused person is presumed innocent until the contrary is proved. Again, this position is strengthened and reinforced by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) (hereafter simply referred as the Constitution).
“As our client has indicated, the allegations are not only false, they are also made mala fide 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.
“Sir, this intention is borne out clearly from the conduct and restless activities of the petitioner, who has expressly stated in his petition to the Senate that he had written same petition to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC), the two foremost institutions in the country vested with the authority to prosecute financial and corrupt practices related offences. Except to speculate that the petitioner has no confidence in both the EFCC and ICPC, one would have thought that the petitioner should have awaited the outcome of the investigation of his allegations by these institutions. He did not do so because he has one goal, one mission: to malign and discredit the person of our client before the Nigerian people.
“Mr. President, we wish to resist the temptation of delving into the subject matter so as not to fall foul of the law and prejudice the case before the court.
“ In the circumstances, we most respectfully urge the Senate to invoke its powers and the Rules and Standing Orders to protect our client from commenting on the subject matter of the petition and any issues relating to or arising from the Judicial Commission of Injury and/or the purported White Paper issued thereto, “ he said.
In three separate letters written by his solicitor, Edward E. Pepple to the Senate president, Senator Bukola Saraki and Senate Committee on Ethics, Privileges and Public Petitions Amaechi gave reasons why the Senate should not stop his screening as a minister-nominee declaring that the allegations against him were not only false and made mala fide but were also subjudice.
While insisting that the allegations were with the intent to “solely irritate, embarrass and tarnish his hard-earned reputation” Amaechi reminded the Senate that he should be presumed innocent until the contrary is proved.
While telling the Senate that since there were pending cases at the Federal High Court, Abuja and the Court of Appeal on the matter he told the Senate that any action on the allegations by the Senate would be subjudice just as he asked the Senate to preserve its Standing Order which bars it from dabbling in any matter pending before a court.
Amaechi, in the letters, asked the Senate to “discard” the petition against him by the Integrity Group and the report of the Justice G. G. Omereji’s Judicial Commission of Inquiry.
“Just as the general principle of law is that commentaries and other forms or outside-the-courtroom discussions should not be encouraged or engaged in relation to the subject matter of any judicial litigation, so as not to prejudice and prejudge a matter before a court, we have also realised that this Distinguished Senate has not only adopted this principle of law, but has also made it a written code in its Rules and Standing Orders, which is the compass for the proceedings of the Senate.
“The Senate by so doing has debarred Distinguished Senators from considering matters which are rightly or wrongly subjudice for the sake of ensuring the much desired separation of powers and preventing possible loop holes that may exist or be created in an attempt at short-circuiting the process of justice and circumventing the stringent application of the laws of our land.
“Mr. President, needless to emphasise that it is one of the cardinal pillars of fair hearing that an accused person is presumed innocent until the contrary is proved. Again, this position is strengthened and reinforced by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) (hereafter simply referred as the Constitution).
“As our client has indicated, the allegations are not only false, they are also made mala fide 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.
“Sir, this intention is borne out clearly from the conduct and restless activities of the petitioner, who has expressly stated in his petition to the Senate that he had written same petition to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC), the two foremost institutions in the country vested with the authority to prosecute financial and corrupt practices related offences. Except to speculate that the petitioner has no confidence in both the EFCC and ICPC, one would have thought that the petitioner should have awaited the outcome of the investigation of his allegations by these institutions. He did not do so because he has one goal, one mission: to malign and discredit the person of our client before the Nigerian people.
“Mr. President, we wish to resist the temptation of delving into the subject matter so as not to fall foul of the law and prejudice the case before the court.
“ In the circumstances, we most respectfully urge the Senate to invoke its powers and the Rules and Standing Orders to protect our client from commenting on the subject matter of the petition and any issues relating to or arising from the Judicial Commission of Injury and/or the purported White Paper issued thereto, “ he said.
source: nigerian tribute
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