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RIVERS STATE GOVERNMENT PROBE PANEL

PRESS STATEMENT  - PORT HARCOURT,  September 2, 2015

RIVERS STATE GOVERNMENT PROBE PANNEL: PROCEDURAL FAIRNESS ALARM

The attention of the Institute of Human Rights and Humanitarian Law (IHRHL),  has been drawn to the alarms being consistently raised on the subject: Procedural Fairness of the Rivers state government  Judicial Probe Panel to investigate the past administration of Governor Chibuike Amaechi .  It is in this regard that we issue the present Advisory to the State government, to the effect that due consideration be given to such critical alarms, as it has everything to do with the legitimacy of  the Panel process and delivery of  its eventual outcome.

IHRHL, from the outset maintains and  very strongly, that  accountability , both vertical and horizontal,  are critical ingredients of any quality democracy.  No well meaning rule of law based and democracy deepening organization,  should quarrel with any legitimate attempt at demanding accountability of any previous administration. The proviso as obtains in every civilized society, must be that in demanding accountability, fair procedural process, which is a fundamental human rights and constitutional requirements, be strictly adhered to,  for purposes of credibility of  the process and legitimacy of its product.

IHRHL therefore, strongly notes as follows:

That the ideals and principles of international human rights regime recognizes that the   ordinary rule by which justice should be administered are  the rules of natural justice. This rule is most relevant  and should apply to this panel  which has an investigative and  disciplinary  powers.

There has been a consistent serious allegation that a fundamental right to procedural fairness has been contravened, and is likely to be contravened.

That  panel is expected to act judicially and should therefore not be exempted from complying with the fair hearing requirements of the Constitution and relevant human rights instruments globally. The requirement of impartiality and independence of those sitting in judgment is critical, to enable fair hearing and legitimacy of outcome.

That this panel has the capacity of listlessly gathering materials, and judicially preparing the ground, for the  court or tribunal  to later come forward and sit in judgment, thus presenting that organ’s job as almost inconsequential for the purpose of the fate of the accused.  By attending  the accused would have taken his first step towards his jeopardy and his ruin.

That in  the course of its judicial or quasi judicial function, therefore,  the panel should  be bound by the principles that govern exercise of judicial function. God himself did not pass sentence upon Adam before he was called upon to make his defence, in a most impartial situation. The  ideals and principles of human rights frowns at impatient   accuser Judges or authorities in a most undisguising manner.

That it is a fundamental human rights requirement, that in the determination of any person’s civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a Court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

That the implication is  the forgoing  principle is that where there is likelihood of bias on the part of the person sitting in judgment, that person must not determine the case or the judgment; which draws in a further principle which is itself, an aspect of the “thou shalt not be a Judge in your own cause “  and  the “hear the other side” Rule. Under human rights regime, these principles are eminently common sense principles and need no justification. It is also worthy of notice that under our legal system, an accused is presumed innocent until proven guilty by a court or tribunal of competent jurisdiction; therefore, none can be a complainant, prosecutor and judge at the same time.

That a proper understanding of the concept of bias is absolutely necessary in the proper application of the principles of natural justice. The fundamental test in our legal process is what an ordinary reasonable man or woman would regard as bias.  In view of the alarm raised, it would be proper to respond positively to the question: Would a reasonable person who watches the ongoing debate about the establishment  of the  panel, its  processes,  go home and say that  justice has been done to the accused or shall be done?

That it would amount to a sham justice, if this  allegation is proved, to set out for a kill against  any accused person  with a judge perceived to be already in the arena presiding in the matter. Procedural fairness would have been defected  as the process would cease to be fair immediately the aura of impartiality disappears.


IHRHL  therefore, calls on the State Government and the Panel as constituted to take seriously the issues of procedural fairness and bias  as raised, with a view to correcting same and make necessary amends in the interest of natural justice. This is critical because of the gravity of the attachable punishment or consequences of the outcome of the panel decision on the accused. It is pertinent that patience, not  impatience and  unnecessary  speed  is necessary to foster  justice. In the quest for justice, two wrongs have never and will never culminate in a right.

IHRHL calls on the membership of the panel  to insist on not failing principles, but if it becomes necessary, fail principalities and powers, who may be out to subvert  justice, by excusing themselves from the panel. They should do justice to the accused, the state and to history. They must show that the Rule of  Law knows no fear, and when duly applied, heavens never fall.

IHRHL calls on the State government  to recognize that ours is a constitutional democracy. It is of the essence of democracy that all its members are imbued with a spirit of the rule of law which exude confidence and trust. Those in power positions   must be willing to respect the minimum standards of civilization, and accord  fundamental rights to everyone without discrimination of any sort.

IHRHL insists that in democratic societies fundamental human rights and freedoms are more than paper aspirations. They form part of the law. And it is the special province of judges to ensure that the law’s undertakings are realized in the daily life of the people. In a society ruled by law, all public institutions and officials must act in accordance with the law. The judges in this sense bear particular responsibility for ensuring that all  including organs of government conform to legal principles of a free society.

IHRHL finally, warns that any product of a panel that lacks procedural fairness, may not meet the standards globally expected of such panels, therefore renders same  inconsequential. It is also extremely important that  judges of such panels should not   become more executive minded than the executive, which  no doubt would lead to judicial subservience.

Signed:
Anyakwee Nsirimovu
Executive Director



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