A Rivers State High Court sitting in Port Harcourt yesterday issued an order restraining the Justice Biobele Georgewill-led Judicial Commission of Inquiry from sitting to probe the state House of Assembly crisis.
The court before Justice Iyayi Laminkara also restrained the State Governor, Chibuike Rotimi Amaechi and the Rivers Attorney-General from receiving or implementing any report from the commission.
Delivering judgement on the matter, Justice Laminkara held that from facts before the court, the commission cannot be fair in its investigation since some of its members were loyal to the governor.
The judge also upheld the arguments of the counsel to the applicant that the Peoples Democratic Party (PDP) in the state was divided between the party chairman, Felix Obuah and Governor Amaechi.
She held that the crisis that broke out at the House of Assembly complex was between two factions, adding that the governor, being a key player in one of the factions, cannot be a judge in his own case.
Justice Laminkara further held that though the governor has executive power to set up a commission of inquiry, pursuant to the Commission of Inquiry Act, the incident that took place at the House of Assembly was an internal affair of the legislature, investigating it therefore, would be in violation of the Separation of Powers principles.
The judge, who struck out the preliminary objection filed by counsel to the commission for lack of merit, held that the panel, if allowed will be against the principle of fair-hearing.
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