Governor Amaechi was one of the initial 21 ministerial nominees whose names President Muhammadu Buhari sent to the senate for confirmation. However, his candidacy has generated a lot of controversy as the three Peoples Democratic Party (PDP) senators from Rivers State have read out a petition asking that he be barred as a result of corruption charges pending against him.
Subsequently, senate president, Senator Bukola Saraki sent the petition to the senate's committee on ethics, privileges and public petitions to investigate. However, the committee is yet to take a final decision on the matter as it has not even met and as a result, Governor Amaechi's screening has been postponed until next week.
In what appears to be a desperate throw of the dice, Governor Amaechi has written to the senate president claiming that he is innocent of the allegations of corruption for which he had been indicted by the Judicial Commission of Inquiry. Set up by incumbent Rivers State governor Nyesom Wike, the panel, chaired by Justice George Omereji, investigated Governor Amaechi over corruption allegations.
Signed by Governor Amaechi's counsel, Edward Pepple, the letter dated October 12, 2015 further stated that the Supreme Court had emphasised in a case involving former vice president Atiku Abubakar that an indictment by a judicial commission of inquiry or administrative panel is not an indictment or sufficient for the purpose of preventing a person from holding a public office. In addition, the letter added that Section 182(1)(i) of the constitution only enables a judicial commission of inquiry or administrative tribunal to determine the culpability of a citizen where it is alleged that such citizen has been in breach of standards of behaviour expecting in public life.
"Where such inquiry finds a citizen liable or culpable of a conduct bordering on criminality and the federal or state government accepts such a report through a published white paper, it is still not enough to deny a citizen eligibility to the office of governor unless and until he is afterwards prosecuted in a court of law and found guilty. Mr President, we have no doubt that the senate being an arm of government established under the constitution of the Federal Republic of Nigeria verily appreciates the general principle of the rule of law, hence the invitation extended to our client to respond to the petition.
"Whereas we appreciate the commitment of the senate to be fair and just, especially in offering our client an opportunity to state his side of the matter, however, we need to state, and most regrettably too, that our client is unable to comment or respond in specific terms to the allegations contained in the said petition as that would amount to commenting on the subject matter before the court of law," Mr Pepple's letter added.
While urging the Senate president to ignore his indictment, Governor Amaechi said one of the cardinal principles of fair hearing is that an accused person is presumed innocent he is proved guilty. Governor Amaechi also claimed that if the intention of the petitioners was genuine, there would not have been any need to petition the senate having earlier petitioned the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related offence Commission over the same matter.
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