Does the President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa know that her recent decision to raise a ‘special’ three-member panel of the court, to hear the bail application of a murder suspect in Rivers state, has already sparked off an unprecedented firestorm, capable of undermining the judiciary in that troubled state?
She probably meant well, but her action, perhaps unknown to her, could have a profound judicial and political consequences, whatever becomes the outcome of the case, eventually. More importantly, is her lordship aware that her own integrity may be on the line because many people have already started to interpret her action as having an air of bias, and an attempt to derail the course of justice in the matter at stake?
All of these questions have raised troubling concerns. It is not for nothing. For some months now, few cases have attracted as much attention as the murder trial of Mr. Ojukaye Flag-Amachree. Amachree, is a chieftain of the All Progressives Congress (APC), and a former Chairman of Asari-Toru Local Government Coucil in Rivers State. He’s regarded as a “godson’ of former Governor of Rivers State, and current Minister of Transportation and Aviation, Chief Chibuike Rotimi Amaechi.
Amachree is facing a four-count charge of murder, for allegedly shooting one Iminabo Dokubo to death, and inflicting bullet injuries on another.
Amachree, who is currently incarcerated at the Port Harcourt prison, is standing trial based on the findings of the police. According to Rivers State Attorney General and Commissioner for Justice, Mr. Emmanuel Aguma, SAN, the offence of murder preferred against Amachree happened in early 2015, when neither him (Aguma), nor the chief Nyesome Wike, had assumed office as Attorney General and governor, respectively. Aguma said that the police had concluded its investigation and “established  a prima facie case of murder against Mr. Amachree and consequently, charged him to court. He therefore expresses surprise at the desperation to scuttle the trial. But, he maintains that his office will not be intimidated.
However, it is the ‘special panel’ set up last week by the President of the Court of Appeal that is hugging the headlines. Justice Bulkachuwa has named three new Justices to hear the bail application. The Justices are Sidi Baje, Lokulo Sodipe and Adamu Jaurd. But tails are wagging over the fresh panel.
Only last week, the Court of Appeal debunked allegations of bias in the decision of Justice Bulkachuwa to change the previous panel of Justices, saying the decision was based on a petition by the accused lawyer, Mr. Ken. Atsuwete for a fresh panel.  According to a statement by media officer of the Appeal Court, Sa’adatu Musa, the special panel was necessitated in order to safeguard the integrity of the local panelists and in exercise of the constitutional powers vested on her Lordship to determine the bail application.
Nevertheless, that decision has set off intense controversy and raises even serious legal issues. The murder case in suit No. CA/PH/16CR/2016, is pending at High Court Number 12, Port Harcourt. But APC had argued that investigation into the murder charge preffered against Amachree was not properly carried out by the police, and that it was instigated by the Rivers State government as a witch-hunt. APC chieftain in the state, Senator Magnus Abe described Amachree as a “political prisoner”.
But, one of the prosecuting lawyers, Tubotamuno Dick has faulted Abe’s position. He said investigation was diligently done and a murder case was properly established against the suspect. Is the action of Justice Bulkachuwa right? There are divided views on this. Governor Wike has described the action of the Hon. President of the Court of Appeal as “worrisome, unprecedented and a deliberate ploy to politicize the judiciary for the purpose of hearing a bail application for a chieftain of APC”. Wike who has received Justice Monima Danagogo Judicial Commission of Inquiry into the killings and other violent acts during the March 19 rerun elections, condemns the politicisation of Amachree’s trial and other killings in the state..
He claims that the immediate Commissioner of police in the state was queried and later transferred because he charged Amachree to court for alleged murder. See how politics has been dragged into a heinous crime. It appears that if you belong to a particular political party, a special panel will be set up for you”, the governor remarked.
The truth of the matter is that murder is a serious crime in law. In the eyes of the law, murder or homicide is not bailable. Bail may, however, be granted for special reasons, such as on grounds of a serious health condition acknowledged as such by the judge, such as the judge of a High Court, but definitely, not a magistrate court.
Therefore, the politicisations of Amachree’s trial does not augur for criminal justice in the country. It needs be recalled that during the trial of chief Iyiola Omisore for alleged murder in the case of Chief Bola Ige, the court so ruled that murder is not a bailable offence, except in extreme circumstances, such as chronic ill-health.
In this instant case of Amachree vs. the Government of Rivers State, the law should be allowed to take its course. The Attorney General of the State should be allowed to carry out his duties as constitutionally enshrined in section 211 of the 1999 Constitution (as amended). The section empowers the Attorney General, not the Inspector General of Police, to constitute, continue or discontinue proceedings under criminal proceedings.  The position of the law is that the Federal Attorney General has those powers with regards to Federal offences, while the state Attorney General has those in respect of state offences. The trial of Amachree ought not to have attracted this attention if things were normal in Rivers state.
However, it is the failure of the authorities to prosecute those who have made the states deadly that has encouraged the commission of such crimes. Rather than set up a special panel for Amachree, lawyers opined that what his counsel should have done was to write the state chief judge asking her re-assign the case to anther judge in the state High Court. To write direct to the President of the Appeal Court, and for her to oblige Amachree’s lawyer’s request is seen as undermining the judiciary in the state. Which is why various groups in the state such as the Civil Liberties Organisation (CLO) and Integrity Friends for Truth and Peace Initiative, have petitioned the National Judicial Council (NJC) over the action of Justice Bulkachuwa. The way forward is that the trial should be allowed to go ahead.

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