Former Governor of Rivers state Rotimi Amaechi, APC governorship candidate Tonye Cole and five others have rejected the prosecutor handling the fifty million trial fraud case
This is as a Rivers State High Court sitting in Port Harcourt, on Thursday, reversed its decision on a move by the state government to handover the prosecution of Amaechi
Meanwhile, the duo were charged for misappropriating over $50 million belonging to the state during the former transportation minister’s administration…Continue Reading
The Rivers State High Court in Port Harcourt has reserved a ruling on an application challenging the legality of the state’s use of a private prosecutor in the trial of former Governor Rotimi Amaechi, All Progressives Congress (APC) governorship candidate Tonye Cole and five others.
Meanwhile, Amaechi, Cole, Sahara Energy and others were charged with misappropriating over $50 million belonging to the state during the former transportation minister’s administration.
The court ruling
After prolonged legal fireworks, Justice Okogbule Gbasam reserved a ruling to review whether it was right for the public prosecutor to hand over a trial to a private prosecutor without meeting some legal requirements, The Nation reports.
The matter became an issue when Mr. Donald C. Denwigwe (SAN) appeared with a certificate issued from the office of the Attorney-General of the state authorising him to take over the prosecution.
Rotimi Amaechi’s lawyer reacts
But, Amaechi’s lawyer Abiodun Owonikoko (SAN) opposed the appearance of Denwigwe, saying it was against the law of the state, Vanguard added.
Owonikoko said the certificate was in contravention of Section 109 (1) (e) of the Rivers State Administration of Criminal Justice Law (ACJL).
He insisted that the section’s provisions do not allow a private prosecutor to substitute a public prosecutor in a matter that had been instituted by a public prosecutor, without meeting stipulated pre-conditions.
He urged the court not to recognise the private prosecutor, saying it should be taken that the state was not represented in the matter.
The case was adjourned
Justice Gbasam adjourned till July 29.
2023: Tinubu’s chances in south-south region threatened as another powerful APC chieftain dumps party
In another development, The Rivers State chapter of the ruling All Progressive Congress (APC) has been dealt with a huge blow following the resignation of George Fubara Tolofari, a former commissioner for transportation in the state.
According to the report, Tolofari tendered his resignation to the APC Ward 12 chairman of Bonny local government area on Monday, July 18.
Legit.ng gathered that Tolofari is a staunch loyalist of the former governor of Rivers state and immediate past minister of transportation, Rotimi Amaechi.