The National Chairman of the All Progressive Congress and immediate past Governor of Edo State, Comrade Adams Oshiomhole, has approached the Federal High Court, Benin, asking the Court to stop the Edo state government and the Judicial Commission of Inquiry set-up by Governor Godwin Obaseki to probe the construction of the Edo Specialist Hospital and supply of equipment for the hospital from further action on the subject matter.
Oshiomhole was the governor of the state when the Edo Specialist Hospital project was conceived and executed. However, Oshiomhole is seeking the enforcement of his fundamental rights over his reported indictment by the Commission of Inquiry for allegedly breaching the state’s procurement law while awarding the contract for the Specialist Hospital project.
On Thursday, while presenting the commission’s findings to Governor Obaseki, Chairman of the Judicial Commission of Inquiry, Justice James Oyomire (rtd) said the award of the contract for the construction of the hospital was fraught with breaches of the state’s procurement laws.
According to him, the law clearly states that any contractor working on a government project should not receive more than 25 percent upfront payment upon contract award, which Oshiomhole’s administration contravened.
“The immediate past administration paid 75 percent of the contract sum upfront for the project to Vamed Engineering,” Justice Oyomire said.
Receiving the report, Obaseki assured that anyone found culpable, no matter how highly-placed, would be called to account for their action.
However, Oshiomhole has asked the court to stop the action of the Judicial Commission of Inquiry against him, saying it was wrong for the commission to continue with its inquiry “without hearing him and is therefore afraid his fundamental rights would be violated if his reliefs are not granted.”
In the originating motion dated 25th of March, 2020, respondents to the suit are Edo State Government, Attorney-General of Edo State, Justice J.U. Oyomire (rtd.), Professor Emmanuel E. Obaseiki-Ebor, Mrs. Elizabeth Uwaifo, Enemaku Hilary Igemoh, Anthony Izevbekhale, Inspector General of Police and Department of State Security.
In the motion with Suit No: FHC/B/CS/40/2020 signed by his counsel, Nnamonso Udo Ekanem (SAN), Adam’s Oshiomole is seeking the following reliefs:
“A DECLARATION that the action of the 1st Respondent in constituting the 3rd to 7th Respondents into a COMMISSION OF INQUIRY to probe the Applicant’s building and award of contracts for the building of the Benin Specialists Hospital in Benin City without notice of the Applicant or inviting the Applicant to state his own side on the issue Constitutes a gross violation of the FUNDAMENTAL RIGHTS OF THE APPLICANT to a fair hearing as enshrined in section 36 of the constitution of the Federal Republic of Nigeria, 1999 (as amended)
“A DECLARATION that the governor of Edo State by name GODWIN OBASEKI is acting in clear and obvious bias in appointing his blood relation in person of EMMANUEL E. OBASEIKI-EBOR of who is the 4th Respondent in this suit constitutes a situation of the said GOVERNOR GODWIN OBASEKI becoming a JUDGE IN HIS OWN CAUSE and constitutes a violation of one of the principles of Fair hearing is NEMO DAT IN CAUSA SUA and amounts to a violation of the Right the Applicant as enshrined in section 36 of the constitution of the Federal Republic of Nigeria, 1999 (as amended.)
Other relies sought are a declaration that the Commission of inquiry cannot lawfully sit at the National Industrial Court premises being an agency of the Federal Government and not an organ of the Edo State Government and an order restraining the Commission of Inquiry from sitting same being contrary to Oshiomole’s right to fair hearing. An order is also sought retraining the Inspector General of Police and the Department of State Security (DSS) from acting on any report of the Commission of inquiry.
Adams Oshiomole also sought a declaration that “if before, during or after the filing of this application, 2nd – 6th Defendants produce any report as the product of Commission of Inquiry, the said report is rendered null and void, same having being arrowed at in gross violation of the Fundamental Rights of the Applicant”.
Oshiomole’s suit is accompanied by an Affidavit of 7 paragraphs wherein he swore that the Benin Specialists Hospital was Commissioned and remained intact under his administration till he handed over power to the current governor. He accused Governor Obaseki of swearing to pull him (Oshiomole) down and has been making efforts to remove him as the National Chairman of APC.
Oshiomole swore that the Commission of inquiry set up by Governor Obaseki had never invited him to explain anything to them and the said committee has a blood brother of the Governor, Professor Emmanuel E. Obaseki-Ebor, as a member.
He further swore that the Commission is hurrying up its job without hearing him and is therefore afraid his fundamental rights would be violated if his reliefs are not granted. He annexed the copy of the news of the constitution of the committee which he reportedly downloaded from the internet.
