THISDAYonline

The Bayelsa State Governor, Chief D.S.P. Alamieyeseigha, has initiated court processes to stop the Chief Justice of Nigeria (CJN), Muhammadu Lawal Uwais from appointing an independent counsel to complement the investigation by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) of the charges of corruption levelled against him.

The ICPC in an application dated January 8, 2003 directed to Uwais pursuant to section 52 (1) of the ICPC Act 2000 asked the Uwais to appoint a counsel to investigate the allegations of gross corruption and abuse of office against Alamieyeseigha.

In a swift reaction, the five companies alleged to be non-existent as at the time the Bayelsa government contracts were awarded have also taken the ICPC before a Federal High court in Abuja.

Alamieyeseigha in his suit in which the CJN, ICPC and the governors of the 36 states were named as defendants, is praying the court to grant an interlocutory order restraining the CJN from entertaining and or taking any action on any application to appoint anyone as independent counsel pending the determination of the substantive case.

In an affidavit to support the motion, Alamieyeseigha contends that all serving governors enjoy status immunity under section 308 of the constitution and to that extent section 52 (1) of the ICPC Act is unconstitutional, null and void. He said, the application if granted will be in violation of the plaintiff's immunity under the constitution.

An affidavit to support the motion sworn to by A.O Deworitshehe, averred that Alamieyeseigha had been advised that the issues raised are fundamental constitutional issues and their outcome will affect every state governor and other public office holders covered by the provisions of S.308 of the 1999 constitution.

Alamieyeseigha contended that the powers conferred on the CJN to make a determination of matters directly affecting somebody serving as state governor by S. 52 (1) of the ICPC Act constitutes the CJN as a quasi-court or tribunal to make a determination in respect of allegations of corruption and abuse of office made against the governor in total violation of the 1999 constitution.

The Bayelsa governor wants the court to declare that "an application made to the CJN by the ICPC for the appointment of an independent counsel is a process requiring appearance of plaintiff before a quasi-court or tribunal whilst serving as the executive governor of Bayelsa state, and is therefore unconstitutional, null and void."

He also asked for a declaration that "S. 52 (1) of ICPC Act as far as it confers on the CJN and or an independent counsel appointed by him, the power to conduct investigation requiring the appearance of an Executive Governor of a State is inconsistent with S. 308 of the constitution and to the extent of that inconsistency null and void."

The companies which the Bayelsa governor was alleged to have used as a conduit for siphoning money by awarding contracts to them while they were legally inexistent - ADM Investment Ltd., Multi Web Nig. Ltd., Brits Investments Ltd., Vinny investments Ltd. and Jowiz Nig. Ltd. are also asking for an order restraining the ICPC.

In their suit number FHC/ABJ/CS/18/2003, the companies listed as non-existent, asked for an interlocutory injunction restraining the ICPC from further making or pursuing any false, unfounded, malicious and intimidating allegations or complaints against any of them pending the final determination of the matter.

They also demanded for another order restraining the ICPC from further pursuing or working on, or following up the unsubstantiated allegations and complaints made against them to the CJN pending the outcome of the suit.

They also want a declaration that the ICPC has by its actions acted outside its jurisdiction and breached each of the plaintiffs' right to fair hearing as enshrined and contained under section 36 of the 1999 Constitution.

The companies claims issued by their counsel, Chief Wole Olanipekun (SAN), against the ICPC include "a declaration that the defendants are not entitled or at liberty or by its enabling act to blackmail, intimidate or make false allegations against the plaintiffs without hearing or affording them an opportunity to be heard in respect of or in connection with any rumours or allegations made against them to the defendant by any third party."

And a declaration that, "the depositions made against the companies by the ICPC in paragraphs 4,5 and 6 of its supporting affidavit to the application made to the CJN calling on him to appoint an independent counsel to investigate allegations of corruption against Chief Alamieyeseigha on the grounds that he awarded contracts to the plaintiffs in respect of the Niger Delta University are unjust, false, unfair, libellous and unconstitutional."

They contended that having been registered under the provisions of the Companies and Allied Matters Act, the description of the plaintiffs by the defendants as 'non existing companies' in its application to the CJN is provocative, intimidating and beyond the jurisdiction of the defendant.