May 30, (THEWILL) – The Supreme Court has said the report of the Rivers State’s Judicial Commission of Inquiry set up by Governor Nyesom Wike, to probe some transactions under the previous government of Rotimi Amaechi, lacks the force of law and therefore, is not enforceable.
The apex court noted that even where such a commission makes adverse findings against individuals, such findings do not amount to conviction or determination of such persons’ rights and obligations under the law.
It added that any person who is adversely affected by the report of such a commission and its recommendations reserves the right to challenge it in court.
The Supreme Court’s explanation of the status of the report and recommendations of the Justice George Omereji-led Rivers Judicial Commission of Inquiry on Amaechi and others is contained in its judgement delivered on May 27, on the appeal marked: SC/911/2017 filed by Ameachi.
In the lead judgement of the court’s seven-member panel’s unanimous decision, prepared by Justice Emmanuel Agim, the apex Court held that a commission of inquiry remains a mere facts finding body, without adjudicatory powers to try anybody or determine disputes as to any rights or obligations of liabilities.
SCANNED DOCUMENTThe court said: “It is also our very view and we hold that the 3rd respondent (the Judicial Commission of Inquiry) is a fact finding and an investigative body. Generally, a body exercising powers which are merely investigative in character and which do not have any legal force.
“The purpose of the investigation (by the commission) is to find out the facts or gather facts on the subject matter of inquiry.
“In doing so, it is not trying any person for the commission of any misconduct or crime. It does not engage in the trial of any person for anything. It merely gathers facts on the subject of the inquiry.
“Even if it (the commission) makes findings of facts that are adverse to a person(Amaechi), such adverse findings do not amount to a conviction for an offence or determination of his right and obligation.
“They remain mere finding of facts on the basis of which it would make recommendations to the appointing authority who may accept or reject them.
“If it rejects them, the matter ends there. If it accepts them and decides to take necessary action on the accepted recommendation, the white paper accepting the recommendation can be challenged in court.”
The Court further added that the Commission of Inquiry set up by the Rivers State Government could not be equated with a court or investigative agencies .
“So a Commission of Inquiry is not a court. It is not a criminal investigation agency such as EFCC, ICPC and Police.
“The designation of the commission of inquiry set up as a Judicial Commission of Inquiry and the fact it was headed by a serving or retired judicial officer cannot invest it with judicial powers or character and did not change its nature as a fact finding or information seeking body with no power to adjudicate, or in any manner determine any rights or obligations or try any person for the commission of a crime. It is not a civil or criminal trial.
“The purely fact finding function of a commission of inquiry is what defines its nature and character as an administrative investigation and a non judicial body.
“The description of such a body as a judicial commission of inquiry does not change its character from being a fact finding body”, the court held.
Meanwhile, the Media Office of the former Transportation Minister has commended the judgement, adding that the Court has clearly vindicated Amaechi and cleared him of all purported or alleged indictment by the Rivers state Probe Commission.
“From the onset, it was obvious to any discerning mind that the Commission was set up to embarrass, denigrate and humiliate Amaechi. The apex court judgement further buttressed this stance. A Commission purportedly set up to investigate past financial transactions was actually a Commission to personally witch-hunt Amaechi”, it said.
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