Alleged N96bn fraud: Amaechi loses bid to stop probe

By Andrew Orolua

A frontline Presidential aspirant on the platform of the All Progressive Congress (APC) and former Governor of Rivers State, Mr. Chibuike Rotimi Amaechi, on Friday, lost the legal battle to stop his probe over an alleged N96 billion fraud including fraudulent sales of valued assets belonging to Rivers State when he was the governor.

The Supreme Court in a unanimous judgment held that Amaechi ought to have faced the Commission of Inquiry set up by the Rivers State Government that probed the allegations and his 8-year tenure as governor of Rivers state.

But the leeway came too late as the Commission of Inquiry headed by Justice George Omekeji that investigated the fraud had concluded its sitting and indicted Amaechi.

The apex court held that the panel of inquiry constituted by the state governor was proper as well as the invitation extended to Amaechi by the panel, DailyTimes gathered.

Amaechi, the apex court added could not claim unfair hearing when he on his own declined to honour the invitation.

Justice Adamu Jauro, who read the judgment, said that Amaechi’s appeal lacked merit and consequently dismissed the appeal.

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The Supreme Court affirmed the judgments of the High Court of Rivers State and that of the Court of Appeal which had earlier dismissed same suit for want of substance and merit.

The apex court also awarded a fine of N1 against Amaechi for filing a frivolous appeal.

The appellant had in his appeal asked for an order of the Supreme Court to set aside the concurrent decisions of Rivers State High Court and Court of Appeal, Port Harcourt Division. Both courts had dismissed his suit and ordered him to face the panel of inquiry to prove his innocence.

With the judgment of the apex court, Amaechi will be made to appear before the Commission of Inquiry headed by Justice George Omekeji to give account of how N96 billion was allegedly withdrawn from the treasury of the state government and how it was expended.

The Commission of Inquiry inaugurated by Governor Nyesom Wike had looked into the lawful or otherwise of the alleged sales of valuable assets of the state.

The listed valuable assets are Omoku Gas Turbine, Afam Gas Turbine, Trans Amadi Gas Turbine, Eleme Gas Turbine, Olympia Hotel and the award of contract for the execution of Mono Rail Project.

Meanwhile, Rivers State Governor Nyesom Wike said on Friday that leaders in the state would decide what to do next with the case of former governor, Chief Rotimi Amaechi, who was indicted by Justice George Omekeji panel of inquiry.

Speaking in Abuja after the Supreme Court dismissed Amaechi’s appeal that challenged the panel report and the State white paper, the governor said that the state government would do whatever the leaders decide.

He said that the panel indicted Amaechi of misappropriating $50m United States Dollars.

Wike said that Amaechi diverted $50m from the State Treasury to Sahara Energy without any written agreement justifying the expenses.

The governor said that the Supreme Court’s verdict vindicated his position that the former governor must account for the money illegally taken.

According to Wike, “If you see that report, as a Rivers man, you’ll cry.”

He said now the leaders of the state would decide what next step to take against Amaechi, saying he could do nothing himself as he did not have state executive council anymore.

“It’s not for only me. Yes, I’m a Governor, but I can’t do it alone. If the leaders of the state say, yes we must prosecute them, I have no choice; but if the leaders say otherwise, I have no choice,” Wike said.

The governor added that one the allegations against Amaechi was the alleged diversion of $50 million from Rivers State Government to Sahara Energy.

He said there was nothing Sahara Energy did to the Rivers State Government to warrant paying it $50 million.

Wike asked: “Where is the agreement to show we borrowed money from them? Nothing.”

The governor said Amaechi claimed Sahara Energy bought the state’s gas turbines, asking: “Why are we paying them $50 million? Did we borrow money from them? Where is the agreement?”

But reacting, former Minister of Transportation, Rotimi Amaechi, said he is not on trial over corruption allegations against him by the Rivers State Government.

Amaechi’s position comes on the heels of Friday’s Supreme Court judgement which dismissed the former minister’s appeal against the Rivers State government. The Rivers government under Governor Nyesom Wike had set up a judicial commission of inquiry to probe some transactions during Amaechi’s regime as Rivers governor.

Amaechi, while reacting to the judgment, said the apex court’s pronouncement further vindicated his position that the probe by the commission should not be seen as personal to him because he was not on trial.

In a statement by Amaechi’s media office on Friday, the presidential aspirant of the All Progressives Congress (APC), said: “Nigeria’s apex court today ruled on the Appeal filed by Rt. Hon. Chibuike Rotimi Amaechi against the Rivers State Government on the Justice Omereji Judicial Commission of Inquiry.”

“The Supreme Court in dismissing the appeal however pronounced that the function of the Judicial Commission of Inquiry was mere investigative, that nobody, neither Amaechi nor anyone else, was on trial before the panel,” the statement clarified.

“The Supreme Court ruling clearly vindicates the former Governor of Rivers State. The apex court was categorical and clear that (Mr) Amaechi was not on trial.

“The implication of this is that any indictment from the Commission is null and void and cannot stand.

“With this judgment, Amaechi has been vindicated and cleared him of all purported or alleged indictment by the Governor Wike’s Commission,” the statement added.