By Jimitota Onoyume
PORT HARCOURT—  RECOMMENDATIONS of the Truth and Reconciliation Commission, TRC, that was set up by the Rivers State government to evolve a road map to lasting peace in the state, has been set aside by a Rivers State High Court, sitting in Port Harcourt. Trial judge in the matter is Justice Rowland Ahiakwo.

It will be recalled that Governor Chibuike Amaechi, had set up the Commission, when   he came on board as Governor of the state. The Commission, which was headed by  retired Justice Kayode Eso, was,  among other things, given the mandate to identify the root cause of some of the  cult related  crises and other acts of violence that erupted  in the state during the tenure of former Governor, Dr Peter Odili, and come  up with a credible  path to enduring peace.

Former Governor Odili, found some of the recommendations of the Truth Commission unpalatable and  sought the court to stop their implementation. Odili, among other things, had argued, through his counsel,   Chief Wole Olanipekun,  SAN,  that he was not given a fair hearing by the Commission.

Justice Ahiakwo in his ruling, set aside the recommendations of the Commission on the ground that the Commission was biased towards the former Governor.

“Can anybody say that this commission, which has power to find people liable for civil and criminal misdeeds is not amenable to demands of fair hearing? Can anybody say that the commission was not in breach of rules of fair hearing, when it received evidence behind Dr. Odili and used that evidence to make far reaching condemnation of him?”

The court held that the recommendations and findings of the commission were unconstitutional and thus voided to that extent.

He held that the report, which indicted Odili was in flagrant violation of his right to fair hearing under Section 36 of the 1999 constitution and Article 7 of the African Charter on Human and Peoples’ Rights.

“I set aside the report of the Rivers State Truth and Reconciliation Commission (Exhibit 6) including the findings, conclusion, indictment, and recommendations in so far as they concern the applicant.

“I refuse the prayers regarding the White Paper allegedly issued by the Government of Rivers State since that White Paper, if any, is not before me “he said.

Meantime, Commissioner of Information in the state, Mrs Ibim Semenitari has said the state government would appeal the judgement at a higher court.