For The Record
2018 Budget Geared Towards Eliminating Deficits
Being a text of the speech delivered by His Excellency, Nyesom Ezenwo Wike, CON, Governor, Rivers State on the occasion of the presentation of the 2018 Budget Estimates to the Rivers State House of Assembly on Thursday, January 11, 2018. Excerpts.
Mr. speaker, honourable
members, distinguished guests, ladies and gentlemen, it is an honourto stand,once again, before this August Assembly, to present our Budget for fiscal year 2018. Before I proceed with my presentation, let me take a moment to appreciate you all for your trust and thank you in return for your commitment to the success of both our administration and the progress of our State.
After 50 years of existence, Rivers State should by now be a prosperous land where everyone has access to the good life, where our people can find good jobs or do profitable businesses, and where economic opportunities are available for everyone.
But no matter the limitations that have held us back, I have always believed in the boundless potential of our State,and with our human and material resources, a brighter future is possible for everyone. I am sure; all of you also share in this optimism .
As an elected government, the electorates that voted us into power want to see progress rather than excuses. That was why when I became Governor, I promised that it would never be business as usual because we cannot be seen to be doing things the same way and expect different results.
Two and a half years after receiving the people’s mandate, I feel greatly elated at the achievements we have recorded and the progress we have made as a people despite the many and serious challenges we faced from the very beginning.
Over the last two and half years, we have rebuilt and expanded our road infrastructure to an extent never before witnessed in the history of the State. Indeed, we are clearly on our way to realizing our objectives on reducing the existing gap on the provision of road infrastructure for the State.
For us, there can be no greater interest than safeguarding the future of our children with quality education.Today, we have stopped our kids from learning in dilapidated school buildings and expanded access to tertiary education.
We have made targeted interventions in the various sectors of our economic and social life, including security and healthcare with stimulating outcomes. Today, our State is back to economic stability and reckoned as the most fiscally responsibly State in the country. We achieved this by eliminating wastages and bringing transparency and accountability to the management of public resources.
Yes, we cannot achieve every thing we set out to achieve but we are quite satisfied with the responsible and practical steps we have taken in the last few years to achieve our development goals for the State.
Mr. Speaker, honourble members, and distinguished guests, in 2017, the approved total budget for the State was 470,000,000, 000.00 (Four Hundred and seventy billion naira only, which was to be financed from the following sources: 2016 closing balance of N16.1 billion,Federal Accounts Allocation Committee (FAAC) receipts of N23, 000,000,000.00; 13% Mineral Fund of N102, 000,000, 000.00; Value Added Tax (VAT) of N16, 000,000, 000.00; Refund from Paris Club debts of N70, 000,000,000.00; Exchange gain and capital receipts of 8,400,000,000.00; as well as a credit of N65 billion and an Internally Generated Revenue (IGR) of N134, 000,000,000.00
However, aggregate revenue receipts as at 31stDecember 2017 were N278, 232,272,381.28 only, representing only 69 per cent of total projected revenue. This left us with a shortfall of over N192 billion.
The revenue realised in 2017 was spent as follows: N64, 215,507,888.15 on payment of salaries; N12, 534,195,498.00 on Overhead, and N10, 121,800,301.27 on Pensions on the recurrent side. On the capital side, a total of N155, 193,589.025.05 representing 63 per cent of actual receipts was spenT on capital projectst
Despite the sharp shortfalls in revenue receipts, we resisted the temptations of funding the budget through borrowing because it would make no economic sense to spend more than what we earned and plunge the State into unnecessary debts.
In stead, we were able to efficiently utilize available resources to successfully deliver on most of our projects and expenditure targets for the year.On the aggregate, the 2017 budget recorded about 74 per cent performance, which was a significant improvement over that of 2016.
Mr. Speaker, Honourable Members, distinguished guests, ladies and gentlemen, although we are making steady, focused and verifiable progress, there are still a lot of work to be done to make Rivers State work better and profitable for everybody. And it is in furtherance of this purpose that I have come to present the budget of our State for this Fiscal Year.
The 2018 Budget Estimates
Mr. Speaker, honourable members, distinguished guests, ladies and gentlemen; the projected revenue for Rivers State for the 2018 Fiscal Year is N510, 000,000,000.00 (Five Hundred and Ten Billion Naira) only.
In assembling this budget, we were guided by the need to consolidate and advance our investments in infrastructure, education, healthcare, and security, as well as in growing the economy to create jobs and empower our people. Hence, it is christened: “Budget of Consolidation, advancement and empowerment.”
To this end, the priorities of this budget are aimed at achieving four major goals. First, is to grow and expand the economy to attract investments and create jobs for our people.Second, to strengthen and advance educational opportunities for our children and deliver quality healthcare to all residents.Third, to improve the safety, security and general wellbeing of all Rivers people, including residents and visitors; and finally, to ensure the completion of all ongoing projects that have reached advanced stages of completion.
Financing the 2018 Budget
Mr. Speaker, honourable members, distinguished guests, ladies and gentlemen, the 2018 budget will be funded from the following usual sources:
S/N Projected revenue
1 FAAC N40, 000,000,000.00
2. 13% oil minerals fund N120, 000,000,000.00
3 VAT N6, 000,000,000.00
4 Internally Generated Rev- enue 132,000,000,000.00
5 Reimbursements 70,000,000,000.00
6 Domestic/International Credits 70,000,000,000,000.
7 Capital receipts 20,000,000,000.00
20. The proposed revenue will be spent as follows:
(a) Recurrent Expenditure – N132 billion
(b) Capital Expenditure – N379, 997,687,404.00
This gives a capital to recurrent expenditure ratio of 75 to 25 percent respectively.The substantial increase in capital over recurrent expenditure, once again, underscores our commitment to direct substantial resources to the critical growth sectors of our economy.
It is important to note that we have prepared the budget with conservative revenue projections and assumptions, although we still choose to be bullish with our projections for IGR despite our failure to meet the anticipated targets in 2017.
Notwithstanding, what we have is a balanced budget that is geared towards eliminating our structural deficits and put our economy on a sustainable growth path by effectively funding the State’s basic priorities.
We are worried about the fact that, for now, our IGR can only fund about 30 per cent of the budget. This shows that our economy and rate of development is still too dependent on revenue receipts from the Federation account, which to say the least, is quite unhealthy and unacceptable.
Therefore, besides addressing the challenges associated with poor fiscal performance and aggregated budget deficits, we have set for ourselves the task of diversifying our economy, attracting investments and ensuring that IGR forms not less than 60 per cent of the State’s tzotal budgetary purse in the next three years.
To this end, we have given the matching orders to the Ministry of Finance, the State’s Internal Revenue Service and all revenue generating ministries, departments and agencies to seal all leakages, improve efficiency and ensure timely collection of all State revenues from all legitimate sources as authorized by State and Federal Laws.
With this approach and effective monitoring, we believe that the State’s IGR will greatly improve from this year and onwards and we would sooner than later become a self-reliant, vibrant and self-sustaining economy.
Sectoral allocations
(1) Investment in Infrastructure
Mr. Speaker, and honourable members, the provision of first-class infrastructure remains the cardinal identity of our administration. The fact that we have done a lot in this area is incontestable. In the last two and half years, we have completed over 380 kilometers of roads, while work on other roads measuring approximately 350 kilometers is ongoing throughout the State.
And so, our commitment this year is to sustain the tempo and complete most of the ongoing road projects. Specifically, some of the road projects we intend to deliver this fiscal year, include:
· Dualization of Sapkenwa – Bori road;
· Dualization of Slaughter – Trans Amadi – Garrison road;
· Dualization of Elelenwo – Akpajo road
· Dualization of Oil mill – Woji – Elelenwo – Akpajo road
· Dualization of Professor Tam David West (Obiriikwerre – Airport) road;
· The Andoni – Opobo (Unity) road; and
· Internal road network in Abonnema in Akuku Toru Local Government Area, AmadiAma in Port Harcourt Local Government Area, Okochiri in Okrika Local Government AreaElele, and isiokpo in Ikwerre Local Government Area, among others.
Other key projects also earmarked for delivery in 2018:
· Bonny – Bile Waterside jetty;
· Mile one market, phase 2;
· Reclamation works in Abalama in Asari Toru Local Government Area, Ogu town in Ogu/Bolo Local Government Area, Bakana in DegemaLocal Government Area, and Ogbumnabali in Port Harcourt Local Government Area;
· Constituency projects;
· Real Madrid Football Academy;
· Luxury living quarters for Judicial Officers from the State, among other projects; and the
· Cinema and restaurant project in the Pleasure Park among other projects
In addition, we shall also start some new projects, including the Women Development Centre the new world-class international conference centre, and roads.
A total portfolio of N90 billion and N35 billion has been allocated to the Ministry of Works and the Special Projects Bureau respectively to fund the delivery of capital projects in this year’s budget.
(2) Quality Education
For us, all children deserve quality education that will prepare them for a better future. Our plan therefore is to ensure that every public school is of high quality and we have since started to take the necessary steps to achieve this objective. For instance, last year, we invested significant sums of money to revamp and reposition the education sector.
As a result, record number of 180 primary schools was comprehensively rehabilitated to provide our kids with quality education in our public schools. Work on the upgrade, remodeling and furnishing of Government Girls Secondary School, Rumuokwuta in Obio/Akpor Local Government Area, Birabi Memorial Grammar School, Bori in Khana Local Government Area, Nyemoni Grammar School, Abonnema in Akuku Toru Local Government Area, and Government Secondary School, Ogu in Ogu/Bolo Local Government Area are almost completed. Renovation and reconstruction work are also ongoing in Bonny National Grammar School, Bonny in Bonny Local Government Area, Government Secondary School, Okarki in Ahoada West Local Government Area, Community Secondary School, Ubima in Ikwerre Local Government Area, WesternAhoada Central High School, Ahoada in Ahoada East Local Government Area, Government Secondary School, Abua in Abua/Odual Local Government Area, Community Secondary School, Bille in Akuku Toru Local Government Area, Model Primary School, Emillighan in Abua/Odual Local Government Area, Model primary School, Mgbosimini, Rumueme in Obio/Akpor Local Government Area, Model Primary School, Ebara in Etche Local Government Area, Community Primary School, Oroworokwo, as well as Government Secondary School, Onne in Eleme Local Government Area and Government Secondary School, Obuama in Degema Local Government Area.
35. Also, besides paying WAEC fees and underwriting the administration charges of NECO to enable our children to easily register for these examinations,some of the upgraded schools have started receiving supplies of new science equipment.
36. In the same vein, we have done a lot to improve access and quality in the tertiary education sector. Some of our achievements in this regard include, strengthening the legal and regulatory framework of for the Rivers State University, the Ignatius AjuruUniverstiy of Education, the ElechiAmadi Polytechnic and the Kenule Beeson Saro-Wiwa Polytechnic, Bori, providing academic infrastructures and ensuring full accreditation for their programmes.
At the Rivers State University we completed and commissioned new faculty buildings for the faculty of Management Sciences and Faculty of Environmental Sciences and released funds for the completion of the Faculty of Science and Technical Education and Faculty of Medical Sciences buildings.
This year, we will continue with our push to restore the education system at all levels with new investments. We shall also continue to take steps to identify and address the constraints of the system, including the quality of private schools, teacher-students ratios, examination malpractices, teacher quality, indiscipline and poor work attitude by school heads and administrators.
Accordingly, we are devoting N50 billion to fund the education sector for the 2018 fiscal year. This sum is N20 billion more than that of 2017. In addition, we have proposed a capital grant of N500 million to each of our tertiary institutions to bolster infrastructural development and improve quality.
Apart from proposing the sum of N2 billion for the provision of scholarships for critical areas of the State’s manpower needs, we have also proposed to set aside another N2 billion to partner, encourage and support the development of private universities and improve access to tertiary education for Rivers indigenes in the State.
(3) Quality Healthcare Delivery
Mr. Speaker and Honourable Members, the ongoing restoration efforts of our administration in the health sector have started having the desired impact. The recently reconstructed and re-equipped Abua General Hospital in Abua/Odual Local Government Area is now serving the health needs of our people around that axis of the State.
Also, we have almost completed the reconstruction work and awarded contracts to re-equip the 12 other general hospitals in Nchia in Eleme Local Government Area, Isiokpor in Ikwerre Local Government Area, Abonnema in Akuku Toru Local Government Area, Bodo in Gokana Local Government Area, Opobo in Opobo/Nkoro Local Local Government Area, Eberi in Omuma Local Government Area, Buguma in Asari Toru Local Government Area, Okrika in Okrika Local Government Local Government Area, and the Psychiatric hospital, Rumuigbo in in Obio/Akpor Local Government Area.
Furthermore, construction work on the Mother and Child hospital as well as the regional referral hospitals in Bori in Khana Local Government Area, Ahoada in Ahoada-East Local Government Area, Omoku in Ogba/Egbema/Ndoni Local Government Area, Okehi in EtcheLocal Government Area and Degemain Degema Local Government Area as well as the doctors’ quarters at Old GRA Port Harcourt have reached advanced stages of completion. The same is true of the upgrading and re-equipping of the orthopaedic ward at the Braithwaite Memorial Hospital, which has been designated to serve as teaching hospital for the medical students at the Rivers State University.
This fiscal year, our plan is to complete all ongoing projects in the health sector to boost the provision of health services in the State. We also intend to reconstruct, equip and ensure the full accreditation of programmes in the Rivers State College of Health Science and Technology as well as the School of Nursing.
All things being equal, we shall also finalize the legal framework for the introduction of the contributory health insurance scheme to enhance access to health services for all residents who subscribes to the proposed scheme.
Consequently, we are providing the sum of N30 billion to enhance all aspects of the healthcare delivery system in the State, including the provision of health infrastructure for health institutions, recruitment and training of medical doctors and other healthcare personnel, refurbishing and equipping our primary healthcare centres, providing vaccines for routine immunization against child killer diseases, as well as in carrying out education and sensitization programmes on reproductive, maternal, neonatal and child healthcare.
(4) Provision of Security
Mr. Speaker and honourable members, our commitment towards keeping Rivers State peaceful, safe and secure for all residents remains very strong. To this end, we will continue to prioritize the provision of security and confront those who dare to undermine our resolve and efforts in this regard.
Consequently, we shall continue to invest in providing material and logistical support, including purchasing additional patrol vehicles and other equipment, for the security agencies to enforce the law and secure the State. We have therefore made significant provisions in the 2018 budget to enable us discharge our security responsibilities to the law enforcement agencies and the people of Rivers State.
We have also approved the establishment of the Rivers State Neighbourhood Safety Corps to further enhance the security in the State. When fully established and operational, the corps will have the responsibility to collaborate with the security agencies to combat crime and cultism in our communities and neighbourhoods. The State Executive Council has already approved the bill to give effect to this initiative, which we shall soon transmit for the consideration of the House of Assembly and passing into law. The N22 billion we have proposed in the 2018 budget for security operations will also take care of the setting-up and operationalization of this agency.
(5)Empowerment programmes
Mr, Speaker, Honourable Members, distinguished guests, ladies and gentlemen; we are highly worried about the high level of youth unemployment and poverty among our people. We have accordingly decided to prioritize empowerment and poverty reduction in the State through multi-dimensional approach.
First of all, we consider technical education as an important tool to empower and occupy our youths in productive ventures. Therefore, we shall encourage our youth to embrace technical and vocational education to acquire the skills they need to help themselves economically.
We are also introducing a programme that will require all companies handling major government projects to engage a certain number of unemployed youths on every project site to enable them to get hands-on training and experience to become qualified artisans to support the delivery of our numerous infrastructure projects while earning income during the construction period.
As you know, the economic prosperity of the State depends on the development of small and medium scale enterprises. Therefore, in addition to the opportunity of accessing credit facilities from the State’s Microfinance Agency at low interest rates for small-scale enterprises, we are going to introduce various economic stimulus packages to create wealth and a lift our people out of poverty.
We also intend to start the development of the proposed Women Development Centre to advance the empowerment and economic growth of our women.
We shall also encourage, attract and support investors to establish businesses in the various sectors of our economy, including agriculture, energy, oil and gas, real estate and manufacturing to create jobs and other economic opportunities for our people.
Accordingly, we have proposed N6 billion for employment generation, N7 billion for women development and N2 billion to support youth development. In additional we will inject N1 billion into the State’s Microfinance Agency to provide loans and support the development of small-scale enterprises in the State.
(6) Culture And Tourism
Rivers State is an acknowledged home of culture. In the past there was the annual cultural festival, also known as CarniRiv, which was rested few years ago. However, our cultural heritage was on display during the State’s golden jubilee celebration. It is therefore our intention to revive and advance the State’s social economy through culture and tourism going forward.
This we will do by reviving the annual cultural festival as well as hosting national and international cultural events. Already, the State has been granted the right to host this year’s national cultural festival in October 2018. We shall also endeavor to complete the abandoned State’s centre for arts and culture in Port Harcourt to enhance the development of arts, entertainment and culture in the State.
From the diversity of our landscape to tropical beaches, wildlife, cultures and historical monuments, Rivers State is also blessed with great tourists attraction sites. However, not much of this potential is exploited to enhance the economy of the State. Fortunately, our investments in hosting conferences and social events have turned Port Harcourt into becoming one of the most attractive and mots visited cities in the country for conferences, leisure and recreation.
Last year, we built the ultra modern Port Harcourt Pleasure Park to satisfy the recreational appetite of residents and visitors. Presently, we are expanding the recreation facilities to include a cinema and public restaurant.This, we believe will add more value and attract more patronage to that recreational facility.
We have made significant provisions in the 2018 budget to finance these and other projects to boost culture and tourism in the State.
(7) Sports Development
The role of sports in engaging and empowering youths cannot be over-emphasized. We recognized this fact and have from inception endeavoured to provide the necessary infrastructure for sports development. Thus, within this period, we ensured that the football pitch in AdokieAmiesemaka Stadium was ready for hosting international matches.
We are also renovating the Diete Spiff Sports (Civic) Centre. When completed, this facility will, once again, become useful for training our athletes for local and international competitions.
Late last year, the facility hosted the All Nigerian Wrestling completion. It has also been earmarked to host the African Wrestling Championships in February 2018.
In 2018, we will step up efforts to establish the Real Madrid Football Academy in the State to cultivate and develop football talents among our youths from the State and improve their economic wellbeing.
We will also continue to fund the State’s football teams and support them to win laurels at national and continental for the State. For these and other activities for a comprehensive development of sports in the State, we propose to spend N2.5 billion for fiscal year 2018.
(8) Justice delivery
The judicial sector is so dear to our administration because of its importance to the advancement of peace and security as well as the socio-economic development of the State.
Last year, we built a new High Court building, completed another one for the Port Harcourt Division of the Federal High Court, started the multi-story courthouse for the Port Harcourt Division of the National Industrial Court, provided vehicles to all our judicial officers and started the construction of judicial quarters for judges.
This year we intend to complete all ongoing judicial projects and initiate fresh ones to advance our vision to make our judiciary one of the well resourced and productive in the country. We have accordingly provided N4.350 billion for the law and justice sector of the 2018 budget to further enhance the administration of justice in the State.
(9). Partnership with the Church
Rivers State is a Christian State and the Church remains our source of strength, support and protection as a Government and as a people. We must therefore continue to venerate and partner with the Church of God to advance God’s progressive purposes for our State, because without Him, we all labourin vain.
Accordingly, we have decided to renew and strengthen our partnership with the Church of God in the State by proposing to establish a Trust Fund for the Church to administer to its needs. The sum of N1 billion has been proposed under this budget for this purpose.
Conclusion
Mr. Speaker, Honourable Members, distinguished guests, ladies and gentlemen; we all know what and how it was with Rivers State and our people prior to this administration. For years, lack of good governance prevented our economy from growing and stifled our collective progress.
However, we have in the past two and a half years demonstrated what is possible when a government is committed to solving the problems it inherited and advance the overall wellbeing of the people.
For us, our State deserves meaningful development and we must, as a Government, continue to do our best to deliver to our people. That is why we are offering a realistic budget for 2018, which takes a balanced and pragmatic approach towards solving the developmental challenges of our State and take it to the next level of transformation.
Moreover, at this time of national economic stagnation and uncertainties, the call of duty impels us to set aside our differences and work hard as a team to advance the priorities of our State and build a brighter future for all Rivers people.
It is in this positive spirit that I invite the Honourable Members of this Assembly, irrespective of party affiliation to dispassionately consider this budget and join forces with me in moving our State forward with the 2018 budget. Together, we can make Rivers State the land of our dreams where everyone who is willing to work hard can achieve their potential.
While thanking you for your unflinching cooperation and support, may I with the kind permission of Mr. Speaker,lay before this highly respected Assembly, the 2018 Budget proposal for your consideration and further action.
Thank you. God bless you all, 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
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