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Okorocha can’t grant amnesty for offences committed in Rivers, says AG

By Kelvin Ebiri, Port Harcourt
08 February 2018   |   4:39 am
Rivers State government has declared that the cultists cum kidnappers granted amnesty by the Imo State governor, Rochas Okorocha, remain wanted and liable to arrest and prosecution anywhere in Nigeria.

Rochas Okorocha

• Orders re-arrest of beneficiaries

Rivers State government has declared that the cultists cum kidnappers granted amnesty by the Imo State governor, Rochas Okorocha, remain wanted and liable to arrest and prosecution anywhere in Nigeria.

Citing provisions of Section 212 of the Constitution of the Federal Republic of Nigeria 1999, as amended, Rivers State Attorney-General and Commissioner of Justice, Emmanuel Aguma, said that the Governor of Imo State has no constitutional power to grant amnesty to any person for an offence committed in Rivers State.  

Aguma said Okorocha could only grant amnesty with regard to offences created by the House of Assembly of Imo State. According to him, by virtue of Section 1fb of the constitution, even the President can only grant amnesty with regard to offences created by an Act of the National Assembly.

The Attorney-General and Commissioner of Justice said it was shocking to watch a group of murderous characters purportedly surrendering obviously some of their weapons of terror and mass murder at a ceremony in Heroes Square, Owerri, Imo State and the state governor was on hand to receive them saying that the state had forgiven them and will subsequently give their names to the Federal Government for amnesty.

Aguma said that barely two weeks ago, Rivers State Governor Nyesom Wike had raised the alarm that there was an on-going attempt by the leadership of the All Progressives Congress (APC) in Rivers State to procure amnesty for criminal murderers whom the Government of Rivers State in collaboration with the security agencies had declared wanted.

According to him, it was clear from what transpired that Governor Wike was right when he raised the alarm but only under-estimated the scope and extent of the conspiracy.He said that from the point of law, Governor Okorocha declaring that he will give the names of the wanted persons in Rivers State to the Federal Government for amnesty had implicitly recognised that by the provision of Section 212 of the Constitution, as amended, he has no constitutional power to grant amnesty to any person for offences not created by the House of Assembly of Imo State.

The Rivers State chief law officer declared that those murderous characters are not the beneficiaries of any amnesty be it that of Imo State or the Federal Government, stating that Okorocha in his own words merely forgave them – an act that is Biblical but has no place in the Constitution of the Federal Republic of Nigeria 1999, as amended.

He said that the security agencies should disregard the whole ceremony in Owerri as a legally-ineffective charade and that the security agencies should arrest the cultists anywhere they are found for the purpose of their being brought to trial in Rivers State.

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