For The Record
Opposition Should Criticise With Sense Of Responsibility – Wike
Being a text of an address by Rivers State Governor, Chief Nyesom Ezenwo Wike, CON, at the 13th Edition of All Nigeria Editors Conference holding in Port Harcourt on Thursday, September 21 , 2017. Excerpts:
Protocols
I wish to express my
heartfelt thanks for the invitation to participate in the 13th edition of the All Nigeria Editors’ Conference by sharing some of our thoughts with you and to declare it open.
Having hosted the 12th edition, I was not expecting to host another of your conference anytime soon, at least not in the life of our administration.I was therefore surprised when the President of the Guild, Mrs. Funke Egbemode approached me with your resolution and requested for support to hold this conference, yet again in Port Harcourt.
Although I was initially hesitant for obvious reasons. But, as a State Governor and one of the leading opposition figures in this country, it would be abnormal for me not to jump at such a rare opportunity to meet with the doyens of the media of this country. I therefore, immediately accepted to host this conference consecutively in two years.
Let me therefore, on behalf of the government and good people of Rivers State welcome you, once again to Port Harcourt, the Garden City for the 2017 All Nigeria Editors’ Conference (ANEC).
As I have always said, we welcome conferences in Rivers State for a variety of reasons. But, what is more compelling is the fact that no one can be a better emissary of the state than our visitors.
When you visit us, particularly in organised social platforms, you will have the opportunity to interact with our people, visit any locality of your choice, see and assess things for yourself.
At the end, you return to your destinations with your personal observations, experiences and knowledge about the people, the environment, the opportunities and the challenges. Of course, nobody can educate you again on things you have seen with your own eyes or the impressions you have made from personal experiences.
When you visited last year, we took you on a tour of some of our project sites to enable you have first-hand information about the projects we have initiated to advance the development of the State and the wellbeing of our people.
I am glad you are going to undertake this tour, once again to see and evaluate what we have additionally accomplished since your last visit.
When you undertake the tour, you will see the projects we’ve accomplished across the different priority areas, particularly, on road infrastructure, healthcare, education and security.
You will see that we have since reconstructed almost all the bad roads in Port Harcourt city, including the ones in Diobu, Mile One to Mile Three, Port Harcourt Township, old and new Government Reservation Areas, Harold Wilson Drive, Borokiri, D/Line, Oro-Worukwo, Ogbunabali, Nkpogu, Dr. Peter Odili road and other neighbourhoods of the state capital.
You will also see the intra, inter-city and inter-local government area roads we have either completed or are ongoing. For instance, you will see completed or on going road projects in Abua/Odual, Akuku-Toru, Andoni, Etche, Ikwerre, Okrika, Obio/Akpor, Emohua, Eleme, Tai, Gokana and Khana Local Government Areas of the State.
You will further see our efforts in healthcare delivery. You will see that we have comprehen-sively reconstructed general hospitals in Abua, Nchia, Isiokpo, Rumuigbo, Abonnema, Bodo city, Opobo, Eberi-Omuma, Ngo, Emohua, Buguma and Okrika towns and communities across the state.
You will also notice that we have remobilised contractors to work on the mother and child hospital and three of the four regional hospitals started and abandoned by the previous administration.
You will also see several other projects that are already in use, including the Port Harcourt ultra-modern Pleasure Park, the Okrika Jetty, the Ecumenical Centre and the Port Harcourt NBA Law Centre complex.
Again, you will also notice that we have initiated some new projects you did not see during your first visit, including the construction of internal roads and land reclamation in Emohua, Ikwerre, Asari-Toru, Okirika, Degema Local Government Areas and the renovation of 185 basic education schools across the state.
I encourage you to get copies of the two accountability documents that we have issued this year titled: The Mid-Term Report and Mr. Projects to enable you to verify our claims and assess our performance against the current economic reality where most of the states are finding it very difficult to pay salaries, let alone fund major development projects.
It is important to emphasise that we are not competing with anybody or any other State for laurels or for anything. We are simply doing our job as mandated by the good people of Rivers State and we are both grateful and encouraged by the outpourings of support and affection from our people.
Furthermore, we are in a democracy and so we do fully acknowledge and respect the right of the opposition to criticise us as much as they can, but this right ought to be exercised in good faith and with all sense of responsibility.
However, instead of projecting their relevance, if any, with alternative policies and programmes, the political opposition continues to live in denial of our achievements within two years as against the complete mess they left behind after being in power for eight unbroken years.
For goodness sake, how do we compare? They viciously closed down the courts for no good reason and subjected every one of us in Rivers State to suffer the consequences of their obnoxious action for nearly two years.
Now the courts are not only functioning; we have done what no other government has done in this country to strengthen the administration of justice. Yet, in their polluted sense of judgment, we are not performing?
When they were here, several businesses and investors closed shops and relocated from the state because of unrelenting security challenges, which they failed woefully to tackle.
But, today, the security situation is clearly riding on a positive note. Rivers State now counts as one of the most peaceful, secure and safe States in the country as a direct result of our commitment and unprecedented material support we have been giving to the security agencies to execute their responsibility of protecting lives and property.
We are all aware that even in the height of militancy by Niger Delta youths, not even a single oil facility was attacked, occupied or shut down in Rivers State because of the measures we put in place in conjunction with the security agencies to ensure security for all the vital national economic assets located in the State.
Therefore, when a supposed opposition goes beyond the bounds of decency in conjuring lies to rubbish and undermine every effort of ours to serve and advance the progress of the state, then, the media owes society the duty to investigate and expose their mischievous intentions with the facts at their disposal.
At any rate, those who live in glass houses, they say, should avoid throwing stones. As our representatives in the Federal Government, are they not responsible for attracting development projects to Rivers State?
Why are they so comfortable with the neglect and marginalisation of the state by the Federal Government? Why are they not agitated over the poor state of the East–West road, the neglect of our seaports, and the long abandoned status of our airport if they love Rivers State and truly want it to progress?
We believe that the media will do Rivers people a lot of good, if they hold every public office holder, including those at the federal level to the same levels of scrutiny and accountability.
Unfortunately, this is not the case with regards to Rivers State,as the media often speak in muffled tones even when the political opposition goes to the extremity of using national institutions to undermine the authority of State Government, sabotage our security architecture, assault the national electoral system and intimidate the judiciary for self-seeking partisan goals.
Worse still, is the tacit, and sometimes, active support that they receive from the Federal Government in the execution of their nefarious actions to create a ‘governability crisis’ in the state in order to advance the vanishing fortunes of a dying opposition.
How else can we situate the active and virulent involvement of the Nigeria Police in rigging the legislative re-run elections that took place in the state in March and December, 2016 in favour of the opposition All Progressives Congress?
Is it not offensively true that the Nigeria Police has refused to investigate and prosecute those that were caught and arrested in the D/Line area of Port Harcourt for printing fake ballot papers with INEC’s authentic serial numbers to be used for the December 2016 re-run elections?
Similarly, why has the Federal Government refused to prosecute the State Commander of the Special Anti-Robbery Squad (SARS), Mr. Akin Fakorede, who was caught on tape and seen on national television brutalising an electoral officer at a collation centre in furtherance of his partisan commitment to deliver fake results to the candidates of the All Progressives Congress in the December, 2016 rerun elections?
How can we accept a situation where an election tribunal discarded authentic results declared by the Independent National Electoral Commission, which is lawfully responsible for the management of elections, and in its place accepted fake results from the credibility-challenged Nigerian Police as the basis to provocatively award electoral victories to candidates of the All peoples Congress?
Unassailable facts have just emerged about how SARS under Akin Fakorode has become an organised criminal robbery gang in the state, yet, the Inspector General of Police would simply dismiss such serious allegations with a wave of the hand because the victims are Rivers people who are not entitled to justice.
We do believe that these recurrent acts of impunity, political intimidation, economic sabotage, state repression, election rigging and abuse of power are wrongs not only against Rivers State; they are wrongs against the entire country.
We are only pretending we think that all is well with our country. The country is in crisis as poor governance, nepotism, marginalisation and state-sponsored repression continue to do violence to national unity and cohesion.
At times like this, the country needs forthright leadership and consensus building to steer the ship of state from the wrong direction it is headed to safer grounds.
Nigerians of goodwill must therefore call the Minister of Information to stop stoking the ambers of disharmony and divisions in the polity with his irresponsible utterances and wild allegations against members of opposition political parties.
Today, the clamour for political restructuring, fiscal federalism, State police and guarantees for free and fair elections have never been this determined across the country and will never go away. It is becoming clearer by the day that to ignore these calls is pretentiously dangerous to the unity and peaceful co-existence of this country.
But, history teaches us that freedom will never prevail unless those who long for it are willing and ready to insist upon its value and have the courage to speak out against what they know is wrong.
For some of us therefore, there is nothing nobler than being counted on this path and as long as God gives us breath, we shall remain in the trenches fighting for our democratic rights and freedoms until victory is ultimately achieved.
But, we also believe that this is a fight that should and must be led by the media for full effect and agenda setting. This calls for greater vigilance and courage in giving effective voice to the contending issues and taking personal responsibility for factuality.It can’t be otherwise.
At this point, while I appreciate the theme of this conferen-ce: “Balancing Professionalism, Advocacy and Business,” permit me to allow the experts to exhaustively deal with it to your ultimate benefit.
Suffice is to say that professionalism in any discipline enhances specialisation, competence, commitment and productivity. You cannot jumble and ramble through different roles and be very successful as a journalist. But then, people have different reasons for entering into the profession and some of these motivations are not always idealistic.
Furthermore, while the media is expected to advance the public good, media owners must be in a position to meet the economic, financial and technical demands of managing and sustaining a reputable media outfit in the face of the competition occasioned by the explosion in the volume, complexity and speed of information.
The truth is that poor rewards or inadequate remunerations in media practice are capable of leading practitioners into passivity, and as you know, anything goes when there is no material motivation for human action.
On this note, it is my singular honour and privilege to heartily declare this conference open.
Thank you for your attention and may God bless us all.
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
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
