“I have told our lawyers to set aside those rubbish, that is rubbish, complete rubbish, who takes that … enquiry what … it is a waste of resources” – Nyesom Wike
That was Barrister Nyesom Wike, reacting on national television, to the setting up of a Judicial Commission of Inquiry by Governor Siminalayi Fubara of Rivers State.
Nyesom Wike, a former governor of Rivers State, is the current Minister of the Federal Capital Territory in President Bola Tinubu’s administration.
Governor Fubara had inaugurated a Judicial Commission of Inquiry to investigate the arson, killings and destruction of property following the conduct of the last local government council elections in the state.
The reason Nyesom Wike gave for publicly describing the Judicial Commission as “complete rubbish” was that Governor Fubara had publicly accused his (Fubara’s) political opponents of the shooting, killings and burning of the council offices.
Nyesom Wike said “Having known them (the perpetrators), what are you setting up a panel of inquiry … all you need to tell police, arrest them, charge them for arson… what is the basis of Judicial Panel of Inquiry … it is a waste of resources”.
It is on record that Nyesom Wike as governor of Rivers State (2015-2023) set up at least four judicial commissions:
- Panel of Inquiry to investigate alleged N36 billion spent by the Rotimi Amaechi’s administration on the manufacturing of auto-destruct syringes. (November 2018).
- Judicial Commission of Inquiry to investigate the circumstances that led to the collapse of a seven-storey building at Woji Road in New GRA, Port Harcourt. (December 2018).
- Judicial Commission of Inquiry to investigate the brutality and human rights abuses perpetrated by the disbanded Special Anti-Robbery Squad (SARS) in Rivers. (October 2020).
- Judicial Commission of Inquiry to probe the financial dealings of the immediate past administration of Governor Rotimi Amaechi. (October 2015).
In all these cases, Nyesom Wike knew the alleged culprits, yet he did not ask the police to arrest them, he set up judicial commissions to investigate them.
It was not until June 2022 that Governor Nyesom Wike attempted to arrest Rotimi Amaechi and Co. That was after the Commission of Inquiry had submitted its report and after Amaechi had failed at the Supreme Court to stop the panel from investigating him.
As a lawyer and life bencher, Nyesom Wike needs no schooling on the difference between a court of law and a judicial commission.
The Supreme Court held in Rotimi Amaechi’s Appeal that:
“A Commission of Inquiry under the Commission of Inquiry Law is a fact-finding body set up by the executive arm of government, to investigate the state of affairs in the State generally or in particular areas … issue of urgent public importance for the public welfare, peace and security.
“The purpose of the investigation is to find out the facts or gather facts on the subject matter of inquiry. In so doing, it is not trying any person for the commission of any misconduct or crime”.
Governor Fubara’s interest, therefore, goes beyond the arrest and trial of the perpetrators in a trial court.
The Governor wants the Judicial Panel to determine the underlying causes of the violence; evaluate the extent of damage to property, human lives and financial losses; examine the motive; assess the effectiveness of security agencies; investigate the roles of individuals and groups; advise on adequate compensation for victims and measures to prevent future occurrences.
This is beyond the scope of a trial court.
So why is Nyesom Wike so afraid of Governor Fubara’s Judicial Commission of Inquiry? Why has it become for Wike a “complete rubbish” and “a waste of resources”?
Why does Nyesom Wike want the perpetrators to be arrested and taken to court directly? Is it that the former governor does not want the public to know the extent of his culpability? Is it because the courts, which have been severally described as his “supermarkets”, will always do his bidding?
Nyesom Wike is known to have instituted more Judicial panels than any of his predecessors.
The threat to ask his lawyers to ‘set aside’ Governor Fubara’s judiciary panel is yet another of his classic displays of contradictions, deceits and paradoxes.
Nyesom Wike’s notoriety for self-contradictions and capitulation has made him into a national caricature and the butt of the jokes in many online comical skits. His unashamed somersaults are unprecedented. He has become a national joke.
The Judicial Commission of Inquiry set up by Governor Siminalayi Fubara must go on. It must get to the root causes of the violence that attended the last local government council elections.
Sotonye Ijuye-Dagogo writes from Port Harcourt 15/10/24
