For The Record
We Must Find Ways To Forgive One Another – Wike
Being a text of the State of the State Address and Mid-Term Progress Report delivered by His Excellency, Chief Nyesom Ezenwo Wike, CON, Governor of Rivers State on Monday, May 29, 2017, at Obi Wali International Conference Centre, Port Harcourt. Excerpts.
Protocols
It is a great honour and privi
lege for me to stand before you today to give the first state of the State address in the history of our State. Most fulfilling is the fact that this address is coming on the 50th year of our existence as a self-accounting State and the 2nd anniversary of our administration.
First of all, let me thank the Almighty God for His grace, and the good people of Rivers for the priceless opportunity. Growing up as a child in the dusty village of Rumueprikom, I never could have imagined that I would be at the helm of State affairs as the Governor of this great State at this historic point in time. For my family and me, this is a glorious opportunity we will forever cherish and be grateful.
Fifty years ago, General, Dr. Yakubu Gowon, GCFR, created Rivers State together with eleven other States. That singular act changed the course of history for Nigeria and for the people of Rivers State for the better.
It changed the cause of history for Nigeria by dismembering the regional enclaves of majority domination and reconfigured the country into twelve federating States with equal geo-political status and autonomy.
It changed the course of history for Rivers people by delivering freedom to us from those who literarily denied our existence and only related with us as captives.
And so to all fellow Rivers people, wherever you may be, I say congratulations on this important milestone of our history.
As the saying goes, to know the present, we must look into the past, and to know the future, we must look unto the past and the present.Therefore, even as we rejoice today we must pause for a moment to look into the past before projecting into the future.
Our past showed that our people were held in bondage, first by the colonial hegemony, and later by the Nigerian State to which we were annexed, allocated to and oppressively administered by the defunct Eastern Region without our consent.
While this false annexation lasted, our people were treated as second-class citizens, denied of our distinct cultural and linguistic identities and, even the right to development.
For years on end,our people endured untold hardship, suffering and discrimination and yearned for freedom – the freedom to directly and effectively administer our communities and ourselves.
Our quest for political autonomy through the creation of Rivers State at the point of Nigeria’s independence was rebuffed, scorned at and treated with utmost levity.
But our political leaders and founding fathers never relented. They mounted great resistance and stepped up the demand for the creation of Rivers State year in and year out.
The long-denied right to self-determination; the long hideous night of hopelessness ended and the project Rivers State eventually materialized on the 27th of May 1967 – a date that will forever remain sacrosanct in our history.
Our past therefore showed that Rivers State was not created and given to us on a silver platter.
It was created out of the struggles and sacrifice of our brave, visionary and resilient leaders who strenuously stayed in the course for freedom and self-determination within a united, peaceful and just Nigerian federation.
Yes, we finally got Rivers State created for us, but it was at a cost – a great cost, to the extent that hundreds of our people paid the ultimate price defending its existence and preventing it from being extirpated by the regional denomination .
Without any doubts, we owe our founding fathers and fallen compatriots eternal place in our hearts, and profound gratitude for their bravery, selflessness and vision for Rivers State.
They struggled and died for our sake and for the sake of generations yet unborn. Their efforts and sacrifice enabled us to leave Egypt for the Promised Land and never to return.
And so as we continue to savour the freedom we now take for granted, let us all stand and observe a minute silence in their honour.
May their beautiful, courageous and loving souls rest in perfect peace. Amen.
As inheritors of theglorious fruits of freedom, the least we owe them is to live by the ideals they stood for – the universal love they shared; the unity of purpose; and their hopes for a secure, united and prosperous State under God.
And so today, let us all agree to re-affirm, reconnect and recommit to the enduring vision of our founding fathers and the underlying covenant of freedom, self-determination and socio-economic development.
For, this was and is still the essence of Statehood; that is: engendering great hopes and expectations for a better future for our people if we wisely and properly harness and utilize our God-given resources to expand socio-economic opportunities for our people and develop our communities.
For 50 years, we have tried to fulfill these hopes and aspirations. Although we are not yet at the Promised Land but we have made tremendous progress in virtually all areas of human endeavour.
50 years ago, our population was in the hundreds. Now, we are over five million and still counting.
50 years ago, our children had little or no access to basic education. Now with at least one primary and secondary school in every community and over 90 per cent access, we are among the most literate States in the country at least one basic education school in every of our communities.
50 years ago, there was no single tertiary institution in Rivers State. Now we have eight tertiary institutions, six of which are owned by the State Government to enable the young ones to acquire advanced knowledge and enhance their productive capabilities.
50 years ago, our people commuted and communicated through perilous bush tracks. 50 years after, we now have thousands of kilometers of tarred roads and bridges across the State.
50 years ago, basic healthcare was inaccessible to most of our people and hundreds die of easily treatable ailments. Today, healthcare facilities are commonly available and accessible to our people, including rural areas.
Indeed, from an average life expectancy rate of less than 40 years, we have progressed to about 60 years due to the great improvements we have recorded in basic healthcare delivery.
50 years ago, Rivers State was just a number among the comity of States. Today, we have moved from obscurity and near insignificance to critical positions of strength, wealth, power and influence such that the Nigerian nation can no longer take us for granted.
However, it is true we have made some progress but it is also clear from the flip side of the story that the socio-economic promise of Statehood is far from being realized.
Our communities are largely backward and undeveloped. Poverty is endemic while inequality is widespread. Our youths are largely unskilled, unemployed, forlorn and uncertain about their future.
Not having meaningful things to do to help themselves, a number of our youths across our communities are increasing taking to cultism, drug abuse, criminality and violence.
Although access has improved, majority of our children are still not getting the best of healthcare, education and mentoring the need for a head start.
In deed, quality education, good healthcare and decent housing remain outside the reach of the poor majority.
It is five decades, yet our level of infrastructural development is still very low and inadequate to meet our development goals.
Our environment is daily being degraded and destroyed and we appear to be helpless in finding sustainable ways of exploiting available natural resources without compromising the interest of future generations.
Our economy is not diversified and largely dependent on allocations from the Federation Account, which, as you know, is grossly insufficient and delimiting our capacity for growth, job creation and revenue generation.
Ladies and gentlemen, we may be disappointed with our level of progress but we must not forget that gaining Statehood was only but a means to an end. The end comes only when we are able to deliver the good life to our people.
This is what the golden jubilee celebration compels – a historic responsibility on us to take practical steps to chart a new transformational path for our people within the next couple of decades.
In doing so, it is now meaningless to dwell on our past failures or lost opportunities. Instead, we should avoid repeating our mistakes, take every viable opportunity and embrace the future with faith and optimism that the promise and necessity of economic transformation is attainable within our life’s time.
Let us not forget that we can achieve whatever we set our eyes to accomplish provided we cherish our commonality and work together as a people bounded by a common faith, history and destiny. For therein lies our strength as a people.
Consequently, as we proceed towards the future, we consider it relevant to propose a set of policy priorities that we must adopt, and implement to move our State forward with all sense of responsibility.
n Cultivating Unity of Purpose
The popular saying: united we are strong; divided we fail may sound very simplistic but profoundly important. All over the world, experience has shown that unity is fundamental to the socio-economic transformation of any society.
Whether elected or appointed, those of us occupying serious positions of public trust, whether at the centre, at the State level or in the Local Government Councils, must realize that our people look up to us for quality leadership.
We must rise above partisan, filial or other narrow considerations and with one accord stand for, promote and defend the collective interest of our State and our people or be condemned by history.
After elections, comes governance. Much as the winners must be magnanimous in victory and run an open, transparent and inclusive government, to dissipate time, resources and energies in pulling down an elected government or officers is degenerative, divisive and as much a disservice to our collective progress.
We must find ways to forgive one another,open avenues of co-operation and join hands and together,defeat the smacks of poverty, inequality, and lack of meaningful progress preventing majority of our people from enjoying the good life that we all desire and aspire for.
For the task of rebuilding our State and making life more meaningful for our people is too important for any of us to entrap in the shambles of meaningless acrimony, partisanship or ethnocentric politics.
Let me therefore appeal to all of us, particularly, the political opposition, to acknowledge that this is the time to forgive and forget, purge ourselves of the hatred, the bitterness and the unhelpful discord in our hearts and join forces to rebuild our State for the common good.
We wish to reiterate that with unity of purpose and efforts, our strength will increase ad there is no obstacle we cannot overcome; no interest of ours we cannot advance and no goals we set for ourselves that we cannot achieve.
n Building a Strong and Diversified Economy
Building a resilient economy and making it work for everyone remains one of our biggest challenges as a State. For 50 years, we have been running a dependent economy with over 70 per cent of total earnings from federal allocations.
Although our economy is presently rated as next to Lagos State in terms of size, the reality is quite uninspiring in terms of its actual worth.
For the past five years, average annual income has not exceeded the 100 billion thresholds. This, in a dollar denominated, import-dependent economy, cannot make any significant impact in driving economic growth and improving the living standards of our people.
Thus, apart from the recurring issues of mismanagement, the abysmally low level of our economy is partly responsible for our underdevelopment.
History teaches us that those who fail to learn from experience end up repeating the same mistakes and enduring its consequences.
The recession in the national economy and its weakening impact on ours for the past two years has, once again, exposed the stupidity of depending on a single revenue regime to drive and sustain our developmental goals for the State.
The time therefore for us to end the legacy of economic dependency is now and not tomorrow. We must strive to find our ways to enduring economic freedom if we must secure and deliver better standards of living for the present and future generations.
This being so, we can no longer continue to deny or delay the necessity of transforming our economy through, diversification, sustainable growth, industrialization and expansion of our internal revenues modules.
As a government, our commitment to the journey to economic renaissance remains unflinching. Our goal is to make the economy stronger and competitive and things taken shape already as a direct result of our pragmatic approaches to economic revival.
For instance, our economic performance in the last two years has been phenomenal. We have significantly reduced our exposure to debts, reprioritized development policies, blocked expenditure leakages, including payroll frauds and ensured prudent management of public resources.
Apart from clearing the backlog we inherited, we have ensured regular payment of salaries to civil servants and pensioners and fund contractual projects as well. This has contributed in no small measure not only to stabilize the State’s economy but also insulated us from the vagaries of external shocks.
Also, our unprecedented investments in the development of infrastructure are invigorating growth in the service sectors, leading to an emerging economic boom, especially in tourism and hospitality businesses.
We have further eliminated existing distortions in the tax system and created enabling environment for businesses to thrive by improving the ease of doing business in the State.
As moribund businesses are gradually re-opening shops, we are equally attracting new local and foreign investments, jus as plans are underway to establish an industrial park to stimulate local manufacturing and industrialization.
We are also supporting the growth of indigenous entrepreneurs through contracts as well as encouraging small and micro-enterprises with financial support to revitalize local economies.
It is clear from emerging indices that the state of our economy is improving and it can only get better in the days, months and years ahead until we are able to deliver economic security to our State on sustainable basis.
n Provision of Infrastructure
We cannot over-emphasize the importance of infrastructure to rapid economic development. While we have recorded some significant achievements in this regard in the last 50 years, the provision of infrastructure remains one of the most glaring deficits in Rivers State.
Besides, there is also a wide gap between urban and rural areas in the distribution of existing infrastructure. Worse still, is the concentration of over 70% of existing infrastructure in the State’s capital and its environs.
Most of the coastal towns and villages, including Bonny and Opobo are yet to be connected by road to the upland areas. Similarly, most rural communities in the upland areas are also not connected to the urban areas.
Thus, a pressing need to close the State’s deficit in infrastructure to open up the entire State, especially the backward areas for accelerated socio-economic transformation clearly existed before we took over the mantle.
However, from inception, our administration has taken up this challenge by prioritizing the provision of infrastructure across the State. In the last two years, we have invested over 145 billion naira to construct roads, bridges, pedestrian walkways and underground drainage systems.
As we speak, several road construction works are either underway or completed in Port Harcourt, Obio/Akpor, Abua/Odual, Ahoada East, Ahoada West, Akuku-Toru, Degema, Etche, Andoni, Opobo/Nkoro, Ikwerre, Emohua, Khana, Gokana, Okrika, Ogba/Egbema/Ndoni, Oyigbo, and Tai Local Government Areas of the State.
For the first time in our history, rural and semi-urban areas are receiving fair attention in the provision of roads and bridges thereby breaking down the barriers of isolation and neglect hitherto associated with rural areas.
We are also improving the quality of education by enabling our educational system to produce the graduates of the 21st century with innovative skills and knowledge to drive our development.
As we speak, we are renovating a number of schools across the three senatorial districts, including Nyemoni Grammar School, Birabi Memorial Grammar School and Government Girls Secondary School, Rumuokwuta with which to pilot the re-introduction of boarding school system in public schools.
Besides the regular payment of staff salaries, we have also supported our tertiary institutions to improve their educational infrastructure and deliver quality education to their students.
In the Rivers State University we have completed the construction of three abandoned faculty buildings: the Faculty of Law, the Faculty of Management Sciences and the Faculty of Science and Technical Education. We have also started construction work on the Faculty of Medical Sciences building.
We have extended similar support to the Port Harcourt and the Kenule Beeson Saro-Wiwa Polytechnics to build staff offices, lecture halls, laboratories, workshops and students’ hostels.
The health sector is not left out in our quest to realize the aspirations of our founding fathers. As earlier observed, while the public health sector is seriously under-performing, commercialization and the desire for profits by private healthcare providers have shut out the majority of our people from accessing quality healthcare.
As a government, we are equally tackling this problem with the seriousness it deserves to ensure regular availability of healthcare services across the State.
We have taken measures as appropriate to strengthen the public healthcare systems to deliver quality services to ordinary people. At present, 13 General Hospitals in thirteen different Local Government Areas, including Ahoada East, Ahoada West, Akuku Toru, Andoni, Asari Toru, Eleme, Emohua, Gokana, Ikwerre, Obio/Akpor, Opobo/Nkoro, Omuma, Okrika and Port Harcourt are undergoing comprehensive reconstruction, furnishing and retooling, with most of them already completed, awaiting furnish and commissioning.
We are also completing the regional hospitals started by the immediate past administration located in Etche and Degema Local Government Areas, as well as the Mother and Child Hospital in Obio/Akpor Local Government Area to serve as regional referral centres for secondary and tertiary healthcare.
In addition, we have released over $4 million USD to equip and maintain the Braithwaite Memorial Hospital to international standards and enabled it to serve as the teaching hospital to the Rivers State University Medical School pending the construction of the proposed University Teaching Hospital.
We have extended our infrastructural revolution also to the recreation sub-sector by building the most modern and, arguably, the best pleasure park in the African continent, which is intended to boost tourism in the State. With this facility, residents and visitors now have a good, secure and fine place to go and relax and have fun and get refreshed.
The judiciary is also receiving the best of attention from our government. Recall that the State’s judiciary was kept under lock and key for over a year before we assumed office.
We have since reopened the courts, stabilized and strengthened the entire judicial system with the appointment of substantive Chief Judge, the President of the State’s Customary Court of Appeal and three new judges.
We have rehabilitated the existing court buildings and judges quarters, including the Port Harcourt High Court complex and its counterpart of the Customary Court of Appeal in Rumuogba, Obio/Akpor Local Government Area.
We are also constructing new courthouses, offices and chambers for the State High Court, the National Industrial Court, as well as completed and handed over the Federal High Court complex to the Federal Government.
We have also established a multi-door court centre, lifted the morale of our judges and magistrates with new cars, and built an ultra modern secretariat for the Port Harcourt branch of the Nigerian Bar Association.
With these and other proposed investments, we are sure that Rivers State will soon become a regional judicial hub in the country.
We have also made visible investments to support and strengthen the security agencies to fight crime and ensure the safety of lives and property throughout the State. in ensuring that our people are safe and secure in their homes, offices and neighbourhoods.
Our administration’s amnesty programme has been quite successful. Over 22,430 cultists accepted the amnesty and surrendered over 911 assorted arms, 7661 assorted ammunition and 147 explosives.
The recovered arms have since been shredded and the explosives destroyed, while the programme’s success has resulted in reducing the menace of cultism and associated bloodletting among youths in some of our communities.
We are also investing in the provision of water, marine transport facilities and streetlights. So far water projects have been executed in Eleme and Okrika Local Government Areas. Similarly, we have expanded and built the Okrika ATC jetty and presently constructing the Bonny/Bile/Nembe Waterside jetty. We further reactivated street lights in all major roads in the State to improve the aesthetic beauty of the city as well as enhance security.
These and other achievements of our administration are not ends in themselves; but indicative of our commitment to making the desired difference in the State and in lives of our people even in the face of dwindling resources at our disposal.
The Quest for Fiscal Federalism
The linkage between fiscal federalism and economic development has since been established. So much has been said and written about the unjust concentration of resources at the centre as against the component States.
A federal system that expropriates our God-giving resources, denies us the right to adequate share of what is taken from us and then leaves us to grapple with the ecological problems is unfair and anti-development.
Our ecosystem is fragile; our geographical terrain is very difficult. It costs three times more to build a kilometer of road in our terrain. Yet, this is not a consideration for the sharing of the national cake from the federation account.
With the persistent neglect of the State by the Federal Government in the location of federal projects getting to a disturbing extent, we are wondering whether Rivers State is still part of this country. The painful irony is that substantial part of the trillions of Naira the Federal Government spends on projects in other parts of the country come from Rivers State.
As I speak, all the core economic assets of the Federal Government located in the State, such as the Port Harcourt International Airport, the Port Harcourt Sea Port, Onne Ports and Free Trade Zone as well as the East – West road are either deliberately abandoned, under-utilized or in their worst state of disrepair.
These are core assets, which services are strategic to the socio-economic advancement of our State and the nation. Yet, it matters nothing to the Federal Government because the victims are Rivers people.
At this point permit me to reiterate the fact that we deserve as of right to have more of our God-given oil resources to drive development in our State at our own pace and not to be constrained or held down by a skewed revenue allocation system that pays little premium to derivation and ecological factors.
While we reaffirm our loyalty to the nation and commitment to its indivisibility, we know that every unjust system contains the internal contradictions that will eventually destroy it unless it corrects itself before it is too late.
We therefore reiterate the overwhelming demand of our people for fiscal federalism and the allocation of more resources to the States and Local Governments.
Our Youths, Our Future
As we celebrate the golden jubilee we must also not forget that the future of this State belongs to our children, our youth. Together, they form the life anchors on which to support and hold our future growth and development. We therefore cannot and must not fail them.
As a Government, we very much appreciate your concerns, your frustrations and your grievances, particularly the lack of gainful employment and adequate opportunities to realize your potential, earn meaningful income and live a responsible family life.
But, let us be frank with you. It’s high time our youths took responsibility for your decisions and actions. No matter how legitimate your cause may be, violence, chaos, cultism, drug abuse, and criminality will rather hurt than benefit you. For it is better to make good use of the opportunities afforded you by the government and your parents to educate yourselves, acquire relevant skills and empower yourselves.
Conclusion
Ladies and gentlemen, as we set our eyes for the next 50 years, we are proud to report that the state of our State is sound, strong, safe and progressing.
As we start the journey for the next 50 years, let our focus not depart from the mission to expand and diversify our economy and improve the wellbeing of our people and bring us closer to realizing the creation covenant of remaking Rivers State as the most beautiful, united and prosperous State in our country.
Let me thank all our predecessors in office, especially our first military Governor, King Alfred Papapreye Diete Spiff, and his cabinet for laying the foundation on which successive Governors have built on and advanced this State to where it is today.
Thanks also to the individual and collective contributions of ordinary people, our caring and hardworking women, the wise counsel of our elders and the tenacity of our restive youths.
Finally, we wish to assure all of us of our unflinching commitment to the vision of a truly united and progressive Rivers State where every person has the opportunity to live up to their dreams and potential.
I thank you all. God bless you; and may God bless Rivers State.
For The Record
BROADCAST BY HIS EXCELLENCY, SIR SIMINALAVI FUBARA, GSSRS ON TUESDAY, 18TH JUNE, 2024
For The Record
An Open Letter To President Bola Ahmed Tinubu On The Imperative Of Revisiting The Eight-Point Resolution Brokered As Truce For The Rivers Political Crisis
Your Excellency, as belated as it may come, please, do accept my congratulations on your victory in the last Presidential election, and the seamless swearing-in ceremony that ushered you in as the sixth democratically elected President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
Of course, your victory did not come as a surprise to many, given your antecedents as a democrat, astute administrator and, a go-getter. Whereas your track record as a political activist, especially in the wake of the annulled June 12, 1993 presidential election is self-evident; your exceptional performance as Governor of Lagos State is a clincher any day.
It is my prayer therefore, that the good Lord, who has brought you this far, guide and direct your ways to steer the ship of state aright.
That being said, Your Excellency, please permit me to commence this correspondence with an allegory drawn from our recent past. A few years ago, Chief Olusegun Obasanjo was elected Nigeria’s President on the platform of the Peoples Democratic Party (PDP). You were equally elected Governor of Lagos State on the platform of the Alliance for Democracy (AD). This electoral upshot inevitably placed you in opposition to the government at the centre.
The dust raised in the wake of the elections was yet to settle before you disagreed with then President Obasanjo. The bone of contention transcended personal vendetta, or so it seemed. Again, it happened at a time when our democracy could rightly be described as nascent. You had approached the court to seek judicial interpretation on some grey areas of our constitution, as provided for, in the concurrent list.
Much as Obasanjo would have loved to have things go his own his way, he was apparently restrained by the grundnorm. And he recognized it was within your right to seek judicial interpretation as to whether he wasn’t exercising his powers as president ultra vires. That was the rule of law at play; a classic specimen of what we fondly refer to as the beauty of democracy in our political parlance.Above all, it underscored the centrality of the constitution in resolving state matter.
Nigerians gave you thumbs up for engaging Obasanjo and the federal government all the way up to the Supreme Court. Moreover, happening at a time when the fear of President Obasanjo and the unwritten federal might were considered the beginning of political wisdom in our polity. Of course, the constitution came handy as a leveler between your good self and former President Obasanjo.
In light of the above, Nigerians naturally expect a clear departure from what the Obasanjo era and the immediate past regime offered them as constitutional democracy. Whereas it is still early in the day to rate your performance in this regard, one cannot but acknowledge that you have so far shown that you have some listening ear. Your intervention in what could have degenerated into a total breakdown of law and order in Rivers State late last year comes as a reference point. For me, stepping in to halt the ship of state from completederailment is an eloquent attestation to the fact that you place the security of lives and property, peace and harmony, and national cohesion over and above partisan interest.
You could equally have looked the other way and allow the crisis fester, since Rivers State is a PDP state. But you hearkened to the voice of reason, and that of well-meaning Nigerians, particularly, Chief Edwin Kiagbodo Clark, the leader of the Ijaw nation, and, the Ijaw National Congress (INC) to halt the drift. Notwithstanding your tight schedule, you took out time to summon the governor of Rivers State, Sir Siminalayi Joseph Fubara, his predecessor, now FCT minister, Barr. Ezebunwo Nyesom Wike and Hon. Martins Amaewhule who were the principal actors in the crisis to the Villa, and have them subscribed to a peace deal.
Although I had my reservations over the eight-point resolution ab initio, I refrained myself from joining the bandwagon in pointing out some of the obvious limitations in the document at the time. My position was informed by the following reasons. First, I didn’t see it as the wisest thing to do at a time when the crisis was raging like a wildfire. For me, nothing could have been more paramount than bringing the situation under control, which the armistice effectively accomplished. Second, I trusted your judgment, and honestly believed that you brokered the deal in good faith. I was therefore willing to give the truce the deserved benefit of the doubt by putting it to test. Finally, and most importantly, the governor who was in the eye of the storm was unwavering in restating his commitment to the terms of the truce.
However, three months after the deal was struck, I dare say, Your Excellency; that it has failed in attaining the ultimate goal of reconciling the warring factions.Instead, it had become the template for the palpable tension the state has since been grappling with. This outcome is by no means surprising to any discerning mind. And the reasons are not far-fetched. First, as I mentioned earlier, it would appear that in a bid to halt to the looming anarchy, the constitution which is the grundnorm was not properly consulted in forging the eight-point resolution. Also, a reexamination of the document reveals a certain degree of political fiat in its construct.
That the eight-point resolution has since triggered a plethora of litigations is only natural. That it has induced a near state of anomie clearly points to the inherent flaws in the document. That it has thrown up desperadoesand warmongers like Chief Tony Okocha and Engr. Samuel Nwanosike who now disparage, distract and outrightly abuse a sitting governor with reckless abandon is equally expected. As for Wike, the man believes the governor is his lackey, therefore, tongue-lashing, and outrightly threatening to give the governor sleepless nights are privileges he believes are within his right. But most worrisome, is the fact that Wike doesn’t make empty threats. In other words, backtracking on getting the governor out of office, either by hook or crook isn’t just an option.
The truth is, some of the articles in the eight-point resolution stealthily stripped the governor of the powers and aura of his office;thus exposing him to the ridicule we see today. For instance, article three directed the governor to reinstate former members of the state executive council,who had earlier resigned their appointments from the state cabinet. Truth be told, such directive to a sitting governor, in the very least, leaves a sour taste in the mouth. Perhaps, it would have been a different kettle of fish had the governor whimsically sacked the commissioners because he suspected their allegiance lay with the FCT minister. But here, these supposed honourable men and women resigned their appointments on their own volition, citing “personal grounds”.
One would have expected Your Excellency toresolve the issue a little differently given your groundedness in public and private administration; knowing that trust and mutual respect took flight the moment those commissioners handed in their resignation letters. In other words, people with obvious reservations against each other cannot truly work as a team.
The constitution expressly confers the powers to appoint commissioners on the governor of a state. It follows therefore that commissioners owe their loyalty to the governor who appoints them. While in the saddle, Wike was unequivocal in demanding a hundred percent loyalty from his commissioners. And that was what he got during his eight-year reign. Granted that the commissioners in question were all nominated by the FCT minister as we now know; the question is, was it also within his right to direct their resignation at will, and then re-direct their reinstatement because the plot to remove the governor failed?
If you ask me, requesting Wike, the nominator, to nominate fresh persons in their stead would have created more semblance of statecraft, seriousness in governance and, more importantly, saved the governor’s face. It also would have gone a long way to demonstrate that some things are beyond trifles. Put differently, the notion that a crisis of that magnitude could be resolved absent collateral damage rest on a faulty premise.
Again, article six of the eight-point resolution apparently puts the governor in a catch 22 situation. Directing the governor to re-present the state Appropriation Bill that has already been passed and signed into law to Hon. Martins Amaewhule and his co-travelers, in my humble opinion, was another sore point in the document. I doubt it was a fitting consideration for a failed impeachment that shouldn’t have happened in the first place; not after the courts have already made pronouncements on the issues.
Your Excellency, I honestly believe you didn’t intend the current stalemate between the executive and the legislative arms of government in Rivers State. Nevertheless, that is the reality on ground, as the governor, on one hand, governs the state with an infiltrated state civil service; and Martins Amaehule with his ‘Assembly’ members, working at cross-purposes with the governor, dish out all the anti-executive bills they can imagine. A case in point is the latest piece of legislation coming from the ‘Assembly’. Again, one wonders,what Assembly worth its salt, wouldseekto elongate the tenure of the current local government chairmen and councilors; knowing they were elected and sworn into office for a three-year term that expires in June? The question is, do we now enact our laws retroactively?
Now, to the crux of the matter, Wike is a man with a history of political violence. His politics thrives in an atmosphere of strife and rancour. It cannot be over emphasized that he presently seeks to overheat the Rivers polity, and possibly make the state ungovernable. He is hell bent on accomplishing the intendment of a failed impeachment. His penchant for violence explains why Rivers State under his reign wore the appalling badge of a conquered territory. The state hasn’t exploded yet, given its current tenuous peace of the graveyard,is because, Gov. Siminalaye Fubara has refused to swallow Wike’s bait. In fact, his refusal to join issues with the man he calls master, and probably heat up the polity explains why restive Wike wants 2027 switch place with 2024 in the Nigeria political calendar.
Already, his vicious supporters are on the prowl, momentarily rehearsing vandalism and arson of public and private properties, with no qualms, even in broad day light. Sadly, the license to take laws into their hands springs from standing on Wike’s mandate. This much is evident in a video that has gone viral on the cyberspace. One would have dismissedthe ongoing rampageas the man’s political trademark, except that wily Wike claims to be standing on your mandate, even though he has been most cautious in defecting to his supposedly ‘cancerous’ APC.
Your Excellency, is it not curious that Wike and his supporters are the only band daily chanting “On your mandate we shall stand, Jagaban”, one year after you had contested and won the February 25, 2023 presidential election?
Of utmost concern is the disturbing silence of the Police, the DSS and other security agencies in the face of Wike’s supporters running amok. Rather, than live up to their constitutional billing, they seem to unwittingly nudge the people to resort to self-help. And while they continue in their ostrichism, the fire is being steadily stoked by the man who thinks Rivers State is his sole enterprise, and to balm his bruised ego could unleash the unimaginable.
It is however reassuring that Your Excellency is no stranger to Rivers politics and its combustive nature. As Dr. Peter Odili’s contemporary as governors, you were well abreast of what transpired in the state from 1999-2007. You were also a major player in the Amaechi-Wike debacle while the former was the occupant of Brick House. In fact, you were purported to have saved Amaechi’s skin from the Jonathans, when, in cahoots with Wike, they unleashed the federal might.
You saw Rivers State went upin flame from 2013-2019, all for Wike to succeed his Ikwerre brother as governor in a multi-ethnic state. You were also witnessto how thepolitically induced inferno incredibly extinguished itself as soon as Wike’s vaulting ambition was achieved. But while the carnage last, Rivers people lost their lives in their hundreds.
As governor, and for eight years, Wike ruled like a demigod, and the state, his footstool. He literally vetoed the constitution on Citizens’ Rights, Freedom of Speech, Freedom of Association, Procurement, and Social Justice. In fact, one of the lion-hearted among us aptly tagged the Wike-era as the years of the Rivers of Blood.
Your Excellency, there is no better way to say Rivers State is presently sitting on a keg of gunpowder, while drifting daily towards the precipice. And if something is not done urgently to avert a repetition of its recent ugly past, tomorrow may be too late.
I have personally bemoaned the lot of the Rivers man since the dawn of the fourth republic in my book: The Rivers Season of Insanity. I would spare you the details therein. However, it may interest Your Excellency to know that as a Rivers man; I have tremendous respect for you, just as I envy what you have made of Lagos State. I’m therefore genuinely bothered that Rivers State may just be the odd state out as you are set to replicate the Lagos wonder across the federation. Rivers State can only andtruly share in the Renewed Hope, if Wike is restrained from plunging it into another round of bloodletting.
Much as it is the truth, I hate to reiterate, that in all her abundance, Rivers State can only boast of the loudest and most vaulting chief executives ever, since 1999. The allure to graduate from Brick House to Aso Villa has become an elixir, which those we elect to govern have not been able to extricate themselves from. And to make a bad situation worse, it remains the only state in Nigeria that flaunts an obnoxious injunction that insulates her past and serving governors from the ethics of good governance, such as transparency, accountability and probity.
I have no doubt in my mind that you already saw through Wike and his antics. And it is only a matter of time before you reined him in. My concern however, is that it shouldn’t happen only after he must have thrust the state into another round of massacre. Need I say, that going by his claim, what Wike delivered in last year’s election were Rivers votes, not his votes.
Ask the Jonathans if their alliance with Wike was worth the trouble, given the benefit of hindsight, and your guess will be as good as mine.
In a nutshell,Your Excellency, Rivers State has had more than her fair share of bloodletting since 1999. It is against this backdrop that I most fervently pray that the blood of Dr. Marshall Harry, Chief A. K Dikkibo, Hon. Monday Ndor, Hon. Charles Nsiegbe, Amb. Ignatius Ajuru, Hon. Monday Eleanya, Barr. Ken Aswuete and several other victims of assassination be allowed to water the peace initiative and advocacy of the incumbent governor.
Finally, Your Excellency, in view of the above, it is my humble submission that the eight-point resolution be revisited with the hope that it guarantees sustainable peace and harmony in the Rivers polity.
“The time is always right to do what is right.”
-Martin Luther King Jr.
Thank you for time and consideration.
Yours Respectfully,
Caleb Emmanuel Fubara
Fubara hails from Opobo Town
For The Record
Can Rivers Assembly Remove Governor’s Powers To Appoint Executive Officers?
Background
On Thursday, February 15, 2024 at its 109th Legislative sitting, the House passed into Law, the Rivers State House of Assembly Service Commission (Amendment) Bill, 2024. The Bill repealed the Rivers State House of Assembly Service Commission (Amendment) Law, No. 3 of 2006 and further amended the Rivers State House of Assembly Service Commission Law of 1999. The Bill was sent to the Governor for his assent and after the statutory 30 days, the House re-passed the Bill into Law on 22nd March, 2024.
The Rivers State House of Assembly Service Commission was established by the Rivers State House of Assembly Service Commission Law of 1999. Section 2 provides:
“The Commission shall comprise a Chairman and four other members who shall in the opinion of the Speaker be persons of unquestionable integrity.
“The Chairman and members of the Commission shall be appointed by the Rivers State House of Assembly acting on the advice and recommendation of the House Committee of Selection and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The above section was repealed by the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006. In Sections 2 and 3, the Amendment Law provides that:
S. 2 “Section 2 of the Principal Law is amended by repealing subsection (1) and substituting the following subsection:
“(1) The Commission shall comprise a Chairman and 4 (four) other members.
S. 3 “Section 2(2) of the Principal Law is amended by repealing subsection (2) and substituting the following subsection:
“(2) The Chairman and members of the Commission shall be appointed by the Governor subject to the confirmation by the House of Assembly and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The import of the 2024 Amendment Bill passed into Law by the House is that the Governor will no longer have the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and the power of appointment shall be vested in the House of Assembly.
Legal Issues
The first issue to consider is the Constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.” Further, Section 176(2) provides that: “The Governor of a State shall be the Chief Executive of that State.”
This follows that the Governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes. All Commissions and other parastatals are executive bodies under the control of the Governor. The House of Assembly Service Commission is an executive body and as such, the Chairman and members can only be appointed by the Governor. The House of Assembly has no powers to make any appointment into an executive body as no statutory body is under the control of the legislature. The Rivers State House of Assembly should not mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.
The second issue to consider is the Constitutional alteration of 2023. In that alteration, the Third Schedule was amended to include State Houses of Assembly Service Commissions, which invariably follows that a State House of Assembly Commission is one of State bodies established by section 197 of the 1999 Constitution. Let’s be reminded that Section 198 of the 1999 Constitution gives the Governor the power of appointment into various executive bodies, subject to confirmation by a resolution of the House of Assembly of a State. The job of the Rivers State House of Assembly ends with the confirmation of the appointees.
The alteration to the Third Schedule, paragraph 1A provides that the composition, tenure, structure, finance, functions, powers, and other proceedings of the Commission shall be as prescribed by a law of the House of Assembly of the State. Notice that the appointment of the Chairman and members of the Commission is not listed. Therefore, it can be safely inferred that the power to appoint the Chairman and members of the House of Assembly Service Commission lies with the Governor, as is the case with the other bodies listed under Section 197 of the 1999 Constitution.
There is nothing in the Alteration that, by any stretch of imagination, can be inferred to confer the power of appointing the Chairman and members of the Rivers State House of Assembly Service Commission on the Rivers State House of Assembly, notwithstanding the fact that the law creating the Commission was enacted by the Rivers State House of Assembly.
Thirdly, is the Rivers State House of Assembly Service Commission and its staff under the control of the State Government? To answer this question, we will take our voyage to Section 318 of the 1999 Constitution. That section gives the definition of a Public Service of a State to mean: “the service of the state in any capacity in respect of the government of the state and includes service as: clerk or other staff of the House of Assembly; member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal or other courts established for a state by the Constitution or by a law of a House of Assembly; member or staff of any Commission or authority established for the state by this Constitution or by a law of a House of Assembly; staff of any Local Government Council; staff of any statutory corporation established by a law of a House of Assembly; staff of any educational institution established or financed principally by a government of a State; and staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest.
The purport of this section is that the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government. Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly.
Fourthly, what is the position of the Rivers State House of Assembly Service Commission Law vis-à-vis the National Assembly Service Commission Act? Section 4(5) of the 1999 Constitution provides: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of inconsistency, be void.”
Further, in A.G Bendel v AG Federation & 22 Ors (1982) 3 NCLRI, the Supreme Court held per Fatayi Williams CJN (as he then was) “neither a State nor an individual can contract out of the provisions of the Constitution. The reason for this is that a contract to do a thing which cannot be done without a violation of the Law is void.”
The fifth issue is: “can a statute revive a repealed statute?” In the case of Idehen v University of Benin, Suit No FHC/B/CS/120/2001, delivered on 19th December, 2001, the court held that:
“Contrary to the contention of the University, the effect of a repealing statute is to erase the repealed statute from the statute book. When a statute is repealed, it ceases to exist and no longer forms part of the laws of the land. In other words, the effect of the repeal is to render the repealed statute dead and non-existent in law. Like a dead person, it cannot be revived.”
The court also held in Onagoruwa v IGP (1991) 75 N.W.L.R (pt. 193) 593 that in law, a non-existent statute is dead and cannot be saved or salvaged by the court.
In Madumere v Onuoha (1999) 8 NWLR (Pt. 615) Pg 422, the Court of Appeal held that:
“the effect of repealing a statute is to obliterate it completely from the records of the Parliament as if it had never been passed. Such a law is to be regarded legally as a law that never existed…This means in effect that when a statute is repealed, it ceases to be an existing law under the Constitution of the Federal Republic of Nigeria.”
For the purpose of reviving your memory, the provision giving the Governor the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission under the repealed 2006 Law provides in its opening paragraph:
“3. Section 2(2) of the Principal Law is amended by repealing section 2 and substituting the following section…” (emphasis mine).
Further, Section 6(1)(a) of the Interpretation Act provides:
“(1) The repeal of an enactment shall not revive anything not in force or existing at the time when the repeal takes effect.”
Please note that Section 318(4) of the 1999 Constitution provides that “The Interpretation Act shall apply for the purposes of interpreting the provisions of this Constitution.”
It follows from the above that the House cannot repeal Sections 2 and 3 of the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006 to revive the already repealed provisions of the 1999 Law.
Conclusion
In conclusion, the Rivers State House of Assembly lacks the powers, legal or otherwise, to remove the power of appointment of the Chairman and members of the Rivers State House of Assembly Service Commission from the Governor and vest that power on themselves. The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of the Law. See the case of MacFoy v UAC (1961) 3 All ER 1169 where the court held that you cannot put something on nothing and expect it to stand.
In that case, Lord Denning stated: “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of court to set it aside. It is automatically null and void without more ado, though it is sometimes more convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
Rt Hon Ehie is Chief of Staff, Government House, Port Harcourt.
By: Edison Ehie