Ajulo’s Open Letter: Legal Implications of Supreme Court Ruling on Amaechi and APC Presidential Aspirant

Ajulo’s Open Letter: Legal Implications of Supreme Court Ruling on Amaechi and APC Presidential Aspirant

Friday, June 3, 2022 9:38 am


21, Amazon Str. Maitama-Abuja

KACCL/LET/IO/082/2022 3rd May, 2022.
Mr. Abdullahi Adamu
The National Chairman,
All Progressive Congress,
No. 40 Blantyre Street,
Off Adetokunbo Ademola Street,
Wuse 2, Abuja.*

The above subject matter refers.

1. It is with great concerns for the progress of the All Progressive Congress (APC) political party that I forward this letter specifically on the above subject matter.

2. Please recall that in the year 2015, the Rivers State Governor, Nyesom Wike set up a Judicial Commission of Inquiry (hereinafter referred to as “the Panel”) to probe some transactions by the Rivers State Government under Hon. Rotimi Amaechi who was Governor of the State from 2007 to 2015.

3. The said Panel set up an investigation into Rivers State Government Financial Transaction under the then Governor of the State, H. E. Rt. Hon. Rotimi Amaechi, wherein some persons and the then Governor were subsequently indicted and Rt. Hon. Rotimi Amaechi filed a law suit against the decision of the Panel and the Panel itself. The suit went from the High Court to the Appeal Court and to the Supreme Court, in dismissing the appeal in its entirety, the Apex Court also ordered him to pay cost.

4. It is a well-known fact that Rt. Hon. Rotimi Amaechi is one of the presidential aspirants the All Progressive Congress Party and as such, the indictment and the subsequent White Paper with recommended prosecution as well as the Judgement of the Supreme Court touches core objectives of the APC party to produce the next president for our great country Nigeria.

5. According to Section 137(i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended):
Anyone that “has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, or a Tribunals of Inquiry Law or any other law by Federal or State Government which indictment has been accepted by the Federal or State Government respectively”…… stands disqualified to be sworn in as President of the Federal Republic of Nigeria”.

6. Therefore, though Hon. Rotimi Amaechi has not yet been tried by a law court in respect of the accused fraud and embezzlement, the provision of Section 137(i) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) has already disqualified him.

7. The APC party will be taking the risk of handing over power to the next candidate with the highest votes if they put Hon. Rotimi Amaechi forward as their flag bearer and he wins. Likewise, the option of also handing him over as the Vice President will not fly as the APC Party will suffer the menace of the same ill fate that befell the APC Governor-elect of Bayelsa State in 2020, Hon. David Lyon who was disqualified by the Supreme Court on the basis that his deputy Hon. Biobarakuma Degi –Eremienyo presented false information to INEC to aid his qualifications for the State’s governorship election, this is a clear reinforcement that the ticket is a joint ticket and the disqualification of one member of the ticket disqualifies the joint ticket; a fate far too costly for the APC party to bear at the National level.

8. Committing to mind that the Presidential race for the election year 2023 has been picked up by all and sundry, other political opponents will very much ecstatic to see APC commit this grave error.

9. It is apposite that the APC party takes all necessary steps to ensure that due diligence is carried out on all the party’s presidential candidates. The future of our great nation Nigeria is in our hands to mold, mend and take to greater heights and it will be most regretful if this opportunity is lost on issues that are avoidable.

10. While thanking you for your commendable strides and continuous actions towards the progress of the APC party and the country at large, I believe that this looming issue will be accorded the urgent attention that it deserves.

Yours sincerely,

Dr. Olukayode Ajulo, FCIArb. UK

1. President Muhammadu Buhari, GCFR
State House, Abuja

Mr. Abubakar Malami, SAN
Hon. Attorney General of the Federation & Minister of Justice,

3Rt. Hon. Rotimi Ameachi,

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