A few days ago, His Excellency, Nyesom Ezenwo Wike, CON GSSRS, the Governor of Rivers State, had raised alarm that there is 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.
Yesterday, Monday, February 5 2018 a group of those murderous characters led by Emenike Agamu whose criminal alias is General Red Scorpion were seen purportedly surrendering obviously some of their weapons of terror and mass murder at a ceremony in Heroes Square, Owerri, Imo State. His Excellency, Rochas Okorocha Governor of Imo State was on hand to receive the said. Emenike Agamu alias General Red Scorpion and his murderous gang. Governor Okorocha declared at the ceremony:
‘The state has forgiven them and will subsequently give their names to the Federal Government for Amnesty”
It is clear from what transpired that His Excellency Governor Wike CON GSSRS was right when he-raised the alarm but only underestimated the scope and extent of the conspiracy.
Legally, and that is our main concern, the general public is invited to note the following facts: .
1. From the widely reported news coverage of the event, His Excellency, Governor Rochas Okorocha did not grant AMNESTY to the wanted criminal gang members. He merely said that “ he will give their names to the Federal Government for Amnesty”,
2. Governor Okorocha, in doing so, has implicitly recognised that by the provisions of section 212 of the Constitution of the Federal Republic of Nigeria 1999, as amended, the Governor of Imo State has no Constitutional power to grant amnesty to any person for an offence committed in Rivers State. Governor Okorocha can only grant amnesty with regard to offences created by the House of Assembly of Imo State.
3. By section 1 fb ot the constitution ot the Federal Republic or Nigeria 1999, as amended, the President can only grant amnesty with regard to offences created by an Act of the National Assembly.
4. The persons declared wanted by the Government of Rivers State acting in concert with the Security Agencies are wanted in relation to offences created by the Rivers State House of Assembly such as Murder, Robbery, Rape, Kidnapping and cuitism. The offences were committed in Rivers State. The President of the Federal Republic of Nigeria does not have the constitutional right to grant amnesty for such offences.
5. The persons declared wanted by the Government of Rivers State acting in concert with the Security Agencies including Emenike Agamu alias Red Scorpion remain WANTED to answer for the heinous offences they committed in Rivers State and in contravention of laws created by the House of Assembly of Rivers State. The N2Q,000,000.00 (twenty million Naira) reward for information leading to the arrest of each of them remains in place.
6. Emenike Agamu, alias General Red Scorpion and his gang are not the beneficiaries of any Amnesty be it that of I mo State or the Federal Government. Governor 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.
7. The security agencies are advised to disregard the whole ceremony in Owerri as a legally ineffective charade. The security agencies can arrest these criminals anywhere they are found for the purpose of their being brought to trial in Rivers State.
EMENIKE AGAMU ALIAS GENERAL RED SCORPION AND HIS NOTORIOUS CRIMINAL GANG REMAIN WANTED PERSONS WHOM THE SECURITY AGENCIES ARE AT LIBERTY TO ARREST FOR THE PURPOSE OF THEIR PROSECUTION WHEREVER THEY ARE FOUND, IMO STATE INCLUSIVE.
Emmanuel g. Aguma, SAN
Honourable Attorney-General and
Commissioner of Justice, Rivers State