Court Reserves Ruling on Engagement Of Private Prosecutor In Case Against Amaechi

The Rivers State High Court in Port Harcourt has reserved a ruling on an application challenging the legality of the state’s use of a private prosecutor in the trial of former Governor Rotimi Amaechi, All Progressives Congress (APC) governorship candidate Tonye Cole and five others.

Amaechi, Cole, Sahara Energy and others were charged with misappropriating over $ 50 million belonging to the state during the former Transportation Minister’s administration.

After prolonged legal fireworks, Justice Okogbule Gbasam reserved a ruling to review whether it was right for the public prosecutor to hand over a trial to a private prosecutor without meeting some legal requirements.

The matter became an issue when Mr. Donald C. Denwigwe (SAN) appeared with a certificate issued from the office of the Attorney-General of the state authorising him to take over the prosecution.

But, Amaechi’s lawyer Abiodun Owonikoko (SAN) opposed the appearance of Denwigwe, saying it was against the law of the state.

Owonikoko said the certificate was in contravention of Section 109 (1) (e) of the Rivers State Administration of Criminal Justice Law (ACJL).

He insisted that the section’s provisions do not allow a private prosecutor to substitute a public prosecutor in a matter that had been instituted by a public prosecutor, without meeting stipulated pre-conditions.

He urged the court not to recognise the private prosecutor, saying it should be taken that the state was not represented in the matter.

Also, Bode Olanikpekun (SAN), for the fourth, fifth, sixth and seventh defendants, said the criminal prosecutor was sui generis because the liberty of citizens is at stake.

He informed the court that his clients had not been served with the processes in the matter.

Olanikpekun pointed out that the hearing notice from the court advertised in newspapers of July 18 only referred to the fifth and sixth defendants.

Godwin Omoaka (SAN), the lawyer to the seventh defendant (Cole), said the fiat given to Denwigwe was incompetent and did not comply with Section 109 of ACJL.

But Denwigwe told the court that the process had not reached the stage of arraignments and that it is upon arraignment that the arguments on substitution could come up.

He noted that his appearance had been strengthened by Section 106 of the law, which permitted any legal representations appointed by the Attorney-General.

Justice Gbasam adjourned till July 29.

Also yesterday, Governor Nyesom Wike said Amaechi and Cole must appear in court to answer the charges.

He vowed that Rivers people would not allow them to preside over the affairs of the state again.

The governor said even if the accused persons hired 500 Senior Advocates of Nigeria, his administration was ready for them.

The governor spoke shortly after signing a contract with Julius Berger Nigeria Plc for the construction of the 11th and 12th flyovers, and the dualisation of Azikiwe Street- Illoabuchi Road in Port Harcourt.

He said: “They can run helter-skelter to stop their arraignment, but they must be arraigned and tried.

“Rivers people will be shocked to know what the former governor of the state and minister did in this state with his partner, Tonye Cole.

“If they (Ameachi and Cole) like, let them bring 500 SANs. They will face the trial so that Nigerians will hear and see (what they did).

“If we can do 12 flyovers from 2019 to now with the little amount of money we are getting, imagine what the previous administration would have done.

“If the previous administration that had a lot of money had done them, we would have concentrated on other things. But we are still working within the city to change its landscape.”

The governor said individuals were desperate to cover their tracks and that Rivers people would not allow them to take over their affairs.

Wike said: “This state must be guarded. We cannot allow people who don’t have the interest of this state to take over the affairs of this state.”