Attempts by former Governor of Rivers State, Dr. Peter Odili,to stop the implementation of the report of Justice Kayode Eso-led Truth and Reconciliation Commission have suffered a setback.
The former governor had filed an exparte motion at a Port-Harcourt High Court presided over by Justice Chinenye Uriri, urging it to stop the state government from making the TRC report public or issue a White Paper on it.
Odili had through the motion, also sought to enforce his fundamental rights, which he said would be violated if the report was made public.
But Uriri while ruling on the motion on Friday, granted the former governor leave to enforce his fundamental rights, but declined to issue an injunction against the public presentation of the report.
The court also rejected Odili‘s prayer for notice on the motion to be served the TRC members through the Attorney-General of the State and Commissioner for Justice.
The judge said, ”That leave be and is hereby granted the applicant, Dr. Peter Odili to enforce and secure his fundamental human rights to personal liberty and fair hearing.
”That it is in the best interest of justice that the issue of stay or restrictive injunction be reserved for the substantive application to be heard on its merits.
”Finally, that while it may be expedient that the Truth and Reconciliation Commission and the Hon Justice Kayode Eso, be served through substituted service to wit: by leaving the process with the Attorney General of Rivers State, it is in the better interest of justice that members of the panel be served personally since they are resident within the state.
”The third prayer therefore succeeds and fails in part and that is the ruling of this honourable court.”
After listening to the arguments of the counsel to Odili, Chief Ifedayo Adedipe (SAN), Uriri said he was convinced that the applicant had established a prima facie case to be entitled to the enforcement of his fundamental rights.
He said the arguments were backed with an affidavit, a supporting statement as well as other exhibits which catalogued his grievances necessitating his granting the application.
Uriri however, adjourned the matter for substantive hearing to April 24.
Odili had headed for the court to sue the state‘s AG as soon as the commission‘s report was presented to the governor, Mr. Rotimi Amaechi.
But Amaechi on Thursday issued a White Paper on the report where he accepted some of the recommendations of the commission including the setting up of a judicial panel of inquiry into the killing of the late Chief Harry Marshall, among others.
The White Paper also adopted the indictment of Odili and the former Transport Minister, Dr. Abiye Sekibo, over their roles in the destruction of Okuru Ama in Okirika and ordered that they be investigated and prosecuted if found culpable.