Politics
Section 84 (12): To Be Or Not To Be
In the original version of the Electoral Act, Section 84 (12) comes with a sub-heading titled: “Political Appointee Not Eligible as a Voting Delegate or Aspirant.” Using this as a guide, it becomes crystal clear that the intent of the lawmakers with the introduction of Section 84 (12) was to make it impossible for a political appointee to aspire for elective office whilst still holding on to his political appointment. I honestly cannot see how this piece of legislation amounts to an amendment of the Constitution through the backdoor as some have suggested.
The definition of Section 318 of the Constitution which clarifies those to be regarded as part of the public service of the Federation also made similar provisions for public service of the State. Judicial authorities abound that political appointees hold their offices at the pleasure of the appointor and they are not civil or public servants as provided for in the Constitution. Thus, there is no apparent or implied conflict between Section 84 (12) of the Electoral Act and any of the provisions of the Constitution highlighted above, the rationale being to ensure that those who hold public office are not exposed to any situation that may lead to a conflict of interest.
In the same vein, section 84 (12) does not infringe upon the right to freely assemble and associate with other persons as provided for in Section 40 of the Constitution or the right to form a political party as provided for under Section 221 thereof. The Constitution for instance provides the right to freedom of movement for every citizen, but to travel out of Nigeria, you need a passport, without which you would not be allowed to board the plane. It is in that passport that the travelling visa to your country of destination will be imposed. The Courts have also held that the requirement for a passport as a condition to travel does not infringe upon the constitutional right of movement
In the case of Awolowo v. Ministry of Internal Affairs, a similar concept was elucidated upon by the Supreme Court, when the appellant, in that case, the late Chief Obafemi Awolowo, SAN, was standing trial for treasonable felony. He engaged the service of a British lawyer, Mr. E.F.N. Gratiaen to defend him. On arrival in Lagos, MrGratiaen was denied entry into Nigeria by the Federal Ministry of Internal affairs. The court had to determine the import of Section 21 (5) (c) of the then 1960 Constitution of the Federal Republic of Nigeria (now section 36 (6) (c ) of the 1999 Constitution, which provided that “an accused person is entitled to defend himself in person or by a legal practitioner of his own choice”. Chief Awolowo contended in that case that he was entitled to be represented by any lawyer of his choice whether indigenous or British.
Thus, the order prohibiting his lawyer, Mr Gratiaen, was ultra vires and against his right to a fair hearing. He, therefore, prayed the court to grant an order of injunction, restraining the defendant from preventing the said Mr. Gratiaen (QC) or any other British counsel who might be the counsel of his choice, from entering Nigeria to defend him in the pending charge. On the other hand, the defendants, in that case, argued that the provisions of section 13 of the Immigration Act which provides that “Notwithstanding anything in this ordinance contained, the Governor-General may, in his absolute discretion, prohibit the entry into Nigeria of any person, not being a native of Nigeria”, gives the ministry the power to refuse a non-Nigerian entry into the country. More so, in the exercise of the right conferred by Section 21 (5) (c) of the 1960 Constitution, the legal representative must be a qualified person entitled to a right of audience in Nigerian courts. Secondly, he must be available to take up the case, and therefore must be able to enter Nigeria as of right and must be a Nigerian.
The High Court of the federal territory of Lagos, per Justice Udo Udoma held that based on the above provisions, the legal representative chosen by an accused person if resident outside Nigeria must be a person who could enter Nigeria as of right and must not be anyone under any disability. In the words of the judge: “I must state at once that I do not accept as sound proposition the submission that the provision contained in Section 21 (5) (c ) of the Constitution, liberally interpreted, can be construed to entitle anyone to bring a Counsel from the United Kingdom to defend him in a criminal charge. To accept that interpretation, would be to strain language. The Constitution is a Nigerian Constitution, meant for Nigerians in Nigeria. It only runs in Nigeria. The natural consequence of this is that the legal representative contemplated in Section 21 (5) (c) ought to be someone in Nigeria, and not outside it.” This decision was affirmed by the Supreme Court in the appeal filed against it by Chief Awolowo. In a similar vein, Section 84 (12) has not stopped any citizen from contesting election but it has imposed a condition upon political appointees to first step down from their political position to seek elective office. There is no contradiction at all in this laudable provision with the Constitution.
Most political appointees are paid one form of emolument or allowance or the other by the government, with specific responsibilities to perform. Thus, even apart from the conflict of retaining an executive position and seeking elective office, how does a person occupying a political office abandon his responsibilities for which he is being paid to embark upon campaigns at the expense of the people? What justification can we give for retaining a person on the payroll of the government who already has his eyes on another assignment? Political appointees and persons in public service of the Federation and of the States are two separate and distinct classes of persons. While those in public service have not less than thirty days ahead of their party primaries to resign to contest an election, political appointees must resign before they can become voting delegates or be voted for in their party primaries or congresses. The Constitution stipulates that public office holders resign “at least” thirty days before the elections they are interested in, which presupposes that such public officers could indeed resign earlier than the 30 days, however, the Electoral Act stipulates that political appointees must resign before party primaries/congresses where candidates are to emerge.
The question to ask then is whether the National Assembly has by Section 84 (12) of the Electoral Act negated the constitutional stipulation of “at least 30 days”? Certainly not. The two concepts do not oppose themselves at all. For civil and public servants, the Constitution demands that they resign not less than thirty days prior to any election for which they seek to contest whilst Section 84 (12) simply prohibits political appointees from participating in elections to be conducted at the conventions and congresses of their political parties whilst still retaining their political appointments. In Section 228 (a), the Constitution states that the National Assembly “… may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of the party primaries, party congresses and party convention”. Under and by virtue of Section 4 of the same Constitution, “the National Assembly shall have the power to make laws for the peace, order and good government of the Federation or any part thereof”. What then, if one may ask, could be the ‘offence’ of the National Assembly in fulfilling its mandate as directed by the Constitution?
To my mind, there is really no need for us to split hairs on this simple matter of interpretation of the Constitution and the Electoral Act. Unless as suggested by Mr. Femi Falana, SAN and many others, the executive arm has an axe to grind with the legislature over this very harmless piece of legislation, there can be no basis for the jubilation that has greeted the judgment of the Umuahia Federal High Court by the executive. We must sanitize the electoral space to remove all vestiges of manipulation and land mines. It is not in our best interest for those that we pay to perform certain duties to abscond from their sacred responsibilities in order to actualise their personal ambitions to seek elective office. They owe us the duty of fairness to surrender our mandate granted to them through their appointments should they aspire to contest any election. It is gratifying that the National Assembly and other stakeholders of our electoral system have decided to join the case to explore further interpretation by the appellate courts. That is commendable indeed or else we may soon have in our hands a ridiculous situation whereby the Chairman of INEC or even the Governor of the Central Bank of Nigeria may seek to contest election whilst still holding on to their appointments.
By: Ebun-Olu Adegboruwa
Adegboruwa, a constitutional lawyer, is a Senior Advocate of Nigeria (SAN).
In politics, sustainable outcomes, even though pursued vigorously, cannot flourish where alienation and coercion thrive. Only collaborative leadership can foster the resilience that gives political relationships desired longevity.
Between the State and Local Government structures, such relationships should remain unbroken. It was so in Rivers State. Year after year to wit. Never had there been an absence. One existed, actively much like the other. The people stay in the Local Governments. Mobilisation machines reside with them. It is for them that policies and programmes are implemented. So, they cannot, therefore, be alienated from the governance offered at the State level.
Only an archaic, brute political mentality; a one-man’s selfish interest, approximated as collective concerns of everybody, will conceive contrariwise, and arm-twist such knitted relationship, to break, not into halves, but shreds. But that attempt suffered defeat. It died. Rivers Local Government system is now unshackled. A liberation that dawned on 5th October, 2024.
That day now reckons in history. Clasped from unswerving start of the process and conclusion of the conduct of the Rivers Local Government election, the electorate decided. And in all, 23 Chairmen won, and 319 Councillors emerged, as winners.
Again, people voted in the 6,866 political units scattered in the 319 political wards. Eighteen out of the 19 registered political parties jostled for votes and participated actively in the process. In fact, only Peoples Democratic Party (PDP) did not participate in the exercise. In fact, they boycotted the process on their own volition. None disputed the outcome. Not the membership or executive of the State Chapter of Inter-Party Advisory Council. Not civil society groups. Not local or international observers, who witnessed and monitored the elections. Not one minor or major stakeholder. This is because Rivers State Independent Electoral Commission (RSIEC) discharged its avowed umpire’s duties with diligence and fairness. At the end, certificates of return were presented to the winners on 6th day of October, 2024. We shall come back to the issues of announcement of results and presentation of certificates of return later.
Now, don’t rule it away, it was arduous. The process, I mean. Desperate undemocratic elements dared the law. As forces who feel they are larger than the law, they held it in claws. They chiselled the wheel of democracy at will. They even secured endless supply of multiple court orders and injunctions both to restrain and truncate the process and conduct. Court judgments must favour them. From this mindset, legal battles were fuelled. It was execrated by both junior lawyers and respected silks. None could advise the other in their blind rejection of the stance of the pre-eminence of first-in-hand judgment. What a shame!
There were other coercive overtures and repeated protests. All those they used, brandished them as a two-edged sword, swayed recklessly. But that sword has cut its bearers, leaving them with sore wounds of grief. Of course, even the police seemed bought over. Their acts showed it. Intel laid credence to it. For, on Friday, 4th October, 2024, at 1am, the police served as hired rogues. A detachment deployed from a neighbouring state attempted to breach the gates and secured areas of the Rivers State Independent Electoral Commission (RSIEC). They did so to manifestly steal sensitive electoral materials meant for the conduct of the election. That act, allegedly, was initiated by the Inspector-General of Police (IGP), who claimed his aim was to withdraw a team already guarding RSIEC head office with no record of misconduct, and replace them with infiltrated and compromised agents recruited to undermine and possibly stall the conduct of the election.
However, the State Governor, Sir Siminalayi Fubara foiled the attempt, and minced no word when he said: “Why are they looking for a way to stampede this State? The Supreme Court gave a judgment that all local government activities must be conducted by elected officers. I am saying this here so that the Inspector General of Police will be aware, and also know that any act against the peace of this State, anything that will bring a situation of lawlessness in this State, if it happens, I think at the end of the day, he should be prepared to take responsibility.”
Unashamed, hours after, the police announced withdrawing from its statutory duties on Friday, October 4, they also battled to do damage control of the negative image their overnight action had triggered around the world. There were no police on duty on Election Day. As it were, they stood aloof and watched to see what they considered impossible. In Nigeria, without police presence, social or electoral functions do not get executed. But Rivers State has sufficiently challenged that position. This is not to say, the police are of no consequence. No. But they abdicated their professional oath of office to protect lives and property of the people, particularly during elections.
Obviously, the decision and action of the police showed inclination to vested political interests they sought to protect. Such vested political interests constitute part of the decay that should be rooted out from public institutions because it hampers efficiency and commitment to professionalism. Even up until now, it is still so. If their posture has changed, Rivers people are yet to notice it.
Despite the police rescinding their role, a new chapter has just opened in the public sphere of discourse. Not really about the police but the template associated, for now, only with Rivers State. The Local Government election was conducted without police presence. But other sister security agencies did the needful. How gracious God is? He did not want a bloodbath. As it is written, ‘God will confound thy enemies, and they shall be put to shame’. So, He gave them over to a different spirit that kept them busy while the voting proceeded. And the people rejoiced at the end.
You see, the enemies of the State were not in the election; they chose to protest against the election, and failed utterly in that mission. They watched shamelessly as Rivers people came out in their numbers to vote peacefully and monitor their votes count. And the election turned out to be a huge success. Yes! A monumental success. Rivers Local Government election was conducted without the police providing security. This template is offered for consideration. But when it is adopted, be sure there is a citizens’ support that is purely organic. A common interest must bond the people to safeguard what benefits the entire system or society. No mischief! Such resolve steers progress because only true representatives would emerge from such determination.
Rivers Local Government election was a credible process. Indigenes and non-indigenes alike showed enthusiasm. They participated massively. No voter apathy was witnessed. The electoral process was peaceful. It was free, fair, credible. There was no mismanagement. Election materials arrived voting centres early enough. No indiscretion. Nothing came close to manipulation. The people formed part of the force to push on this radical transformation. It was garnished with good taste. Many did not believe this meal could be this cooked, sweetly.
Power and the political structure have returned to the people. Rivers people acted out their distaste against the power-drunk and self-styled political maverick, whose political ‘guruism’ is antagonism in perpetuity. The election taught dictatorial leaders useful lessons. Yes, it did!
The 5th October, 2024 LG election was possible because Rivers has a David-like leader. Not blinded by craving for raw power. Not hungry for uncouth dominance known of masters. In Rivers people, a Messiah steered the course. The leader is of clean purpose, so that when he stamped his feet, how he was going to drive the process to fruition did not lose steam.
Chairman of Rivers State Independent Electoral Commission (RSIEC), Justice Adolphus Enebeli, declared results of 22 LG chairmanship candidates of the Action Peoples Party (APP) as winners while announcing the candidate of the Action Alliance (AA) party as winner of the chairmanship seat of Etche Local Government Council. Justice Enebeli, who is also the Chief Electoral Commissioner for the election, declared the results in the presence of members of Inter-Party Advisory Council from 18 political parties, leaders of Nigerian Bar Association (NBA), civil society groups, local and international observers, returning officers, newsmen and other key stakeholders. While declaring the results, he said: “We can see that Rivers people and residents in their overwhelming majority of opinion have given veracity of vindication to Rivers State Independent Electoral Commission (RSIEC) avowed position to conduct a free, fair, credible, transparent, all-inclusive, violence-free, successful and treasured election by the Treasure Base of the Nation, Rivers State, without police or security agencies.”
He stated that the polls, which closed at 3pm, witnessed a large turnout of voters who defiled the rains to vote candidates of their choice. He said, “It is, therefore, heartwarming that I stand before you all today to affirm the smooth, safe, free, fair, credible and transparent, all inclusive, successful, violence-free and most treasured conduct of the 2024 Rivers State Local Government Council election despite all odds… Polls were closed across the State by 3pm today. Before then, there was large turnout of enthusiastic citizens who came out to exercise their franchise even in the midst of the heavy downpour witnessed this morning (October 5). Results have been trickling in since the closure of polls, and the good people of Rivers State and residents have spoken through the ballots, and they are in ecstatic expectation of the results of this historic election.”
Justice Enebeli took time to explain the determined efforts made by the commission to ensure a smooth electoral process that built the required confidence in all those who participated in the exercise. “After our stakeholder meeting, the parties had primaries, candidates were screened, and subsequently cleared to contest as Chairmen, Vice Chairmen and councillors from the various wards and local government areas of Rivers State. The commission embarked on enlightenment and sensitization campaign to educate the citizens on their democratic rights and the importance of exercising their franchise. In keeping with extant regulations, the commission displayed the register of voters in all the 6,866 polling units of the State while political parties embarked on campaigns to canvass votes from their supporters.”
Justice Enebeli, however, regretted that while things were progressing smoothly, there was a 10-day protest that gripped the nation, which led to stagnation of social, economic and political activities. “That aside, several legal obstacles and court cases were instituted against the commission by persons and parties in vindication of their democratic rights. Despite these obstacles, the commission remained unbowed and ensured that the 5th October date remained as sacrosanct as it is invariable, especially after the Supreme Court judgment of 11th of July, 2024, and the judgment of the Justice I. P. C. Igwe of Rivers State High Court.
“Therefore, I, Hon Justice Adolphus Enebeli (rtd), in my capacity as the Chairman, Chief Electoral Commissioner of the Rivers State Independent Electoral Commission (RSIEC), and pursuant to the extant provisions of the Rivers State Independent Electoral Law No. 2 of 2018, and all other laws enabling me in that behalf, do hereby make declaration of results for the Chairmanship election into the 23 Local Government Councils of Rivers State. After painstaking collation of results at the close of polls by our team of officials regarding the local government council elections conducted this day, the 5th of October, 2024, I declare the following candidates, having scored majority of lawful or valid votes cast in two-thirds of the wards comprising their respective local government areas of Rivers State are hereby returned as elected Chairmen or Chairwomen.”
He listed the names of the winners for the championship positions to include: Vincent Reuben Obu for Abua/Odual; Chibudom Ezu for Ahoada-East; Iyekor Ikporo for Ahoada-West; Tonye Briggs-Oniyide for Akuku-Toru; Lazarus Gogote Nteogwuile for Andoni; Sule Amachree for Asari-Toru; Anengi Barasua for Bonny; Harry Agiriye for Degema; Brain Gokpa for Eleme; David Omereji for Emohua; Monday Dumiye for Gokana; Isreal Abosi for Ikwerre; Martins Nwigbo for Khana; Chijioke Ihunwo for Obio/Akpor; Prince Isaac Umejuru for Ogba/Egbema/Ndoni; Ishmael Oforibika for Ogu/Bolo; Igwe Achese for Okrika; Promise Reginald for Omuma; Enyiada Cookey-Gam for Opobo/Nkoro; Gift Okere for Oyigbo; Ezebunwo Ichemati for Port Harcourt; Matthew Dike for Tai; and Uzodinma Nwafor for Etche Local Government Councils. He also said that of the 319 political wards, the Action Peoples Party (APP) won 314 councillorship positions while other parties clinched a win each for the remaining five positions. A breakdown shows that All Progressives Congress (APC) secured the seat in Okrika Ward 3; Boot Party secured one seat in Ahoada West; Labour Party (LP) secured the seat in Ward 3; Social Democratic Party (SDP) won the Ward 3 seat; and Young People’s Party (YPP) secured Ward 5 councillorship seat in three different LGAs.
Justice Enebeli eventually presented Certificates of Return to the 23 Chairmen and Vice Chairmen-elect in the October 5, 2024 Local Government Council election, in compliance with Section 59 of the Rivers State Independent Electoral Commission Law No. 2 of 2018. He added, “If I may say so without any sense of immodesty, the election that took place, conducted by us and the results make a vocal statement to Rivers State and Nigerian nation that the ballot paper in the people’s hand is stronger than arms and ammunition.”
There is no doubt that Governor Fubara’s leadership style has altered the electoral dynamics. With democratically elected leadership sworn-in at the local government councils, he exerts a measure of control, not for itself but to align the local government to what happens at the State Government level. This is why on 6th October, 2024, the elected chairmen of local government councils were sworn-in by Governor Fubara.
While swearing-in the newly elected chairmen, Governor Fubara, said that with the Local Government Council election over, the State has now entered into a season of transformation where democracy will not only thrive but the people shall witness delivery of democratic dividends that satisfy their aspirations. He acknowledged with great delight the support of Rivers people in the fight to salvage the Local Government system in the State, adding that the pressure to destroy the Local Government system in Rivers State became intense three days before Election Day when an attempt was made to invade the Headquarters of the Rivers State Independent Electoral Commission (RSIEC).
The Governor said, “But the truth remains, desperate situations require desperate measures. We were confronted with a situation where the local government of this State was heading to doom. And the truth about it is, because of the genuine love that we have for this State, we must salvage the local government election. And what we did, with the support of Rivers people, was to salvage the local government council. And to the glory of God, that has been done and dusted.”
Governor Fubara said with the elections now over, the remainder of the years in office, his administration will not deploy any form of undemocratic ways to confront or fight anybody. He assured that, rather, he will continue to use the means of peace to ensure that the assets of Rivers State are protected. “We assure the Federal Government that we are not going to be party to anything that will lead to break down of law and order in this State. This is because we know quite alright that if there is break down of law and order in this State, Nigeria will suffer, and we are not going to be party to it. That is the reason why our standard, in terms of maturity, is high.”
Governor Fubara charged the newly sworn-in chairmen to ensure that they remain connected with the people in their council areas. He urged them to emulate his approach to peace so that they can be more patient with people and the situation without being violent. “For the newly sworn-in Chairmen, I want you to see yourselves as servants. Once you see yourself as emperor, that is where the problem begins. Once you see yourself as the one who knows it all because of the power of the fund available to you, that is where you will start seeing crisis. But see this opportunity as a call to service. It is an opportunity for you to bring people together and to deliver to the people of Rivers State. We need development in the 23 local government areas. Represent them well. Work for the betterment of your local government. Ensure that you are a servant leader. Open your doors, embrace everyone, and I assure you, that nothing is bigger and greater than that. That is the structure. When you work for the people, when you bring them in, when you help them, there is nothing bigger than that. So, that will be the ingredient of this administration.”
Governor Fubara said he is aware that his detractors are mobilising 20 people per political unit, instructed to attack them when they report to their various council secretariats to resume duties. He noted, “Please, if they are coming with violence, avoid them. The peace of this State is too important to us. It is public knowledge; everybody knows what they are planning. But please, I want to beg everyone of you, follow my approach. At the right time, you will always win if you are patient and calculative.”
Governor Fubara warned them against greed and the urge to amass wealth indiscreetly because the tendency to get everything will make them lose everything. “You must ensure that this opportunity God has given you at this critical time is protected. Don’t fail Him. Don’t fail these elders that have come here to witness this ceremony. We want this to be a landmark. This is the beginning of a new Rivers State, and I am going to make sure that I supervise it with all that I have. I will follow up with whatever is happening in the 23 local governments with everything because I believe this is not a time for me to make any mistake.”
Governor Fubara also said: “You must live above board. But I know with what you have done, your past responsibilities, and a few of you that I know personally, you are not going to disappoint us. We are doing this today for the world, and for Nigerians to know that the issue of local government election, swearing in, and resumption of office in Rivers State is over. So, maybe from tomorrow, the story may be different, not anymore: it can’t happen or it will be stopped. What we are talking about now is a different story.”
While expressing gratitude to God who has remained an abiding strength, courage and sustainer, Governor Fubara appreciated President Bola Tinubu for his democratic approach while giving the government support. “So, on behalf of the good people of Rivers State, I want to thank him (President Tinubu). I am so glad that the Chairman of the Governor’s Forum of PDP, and Governor of Bauchi State, Senator Bala Mohammed, is here with us to witness the ceremony. I want to assure you that I still remain a member of PDP,” Governor Fubara said.
The Chairman of Peoples Democratic Party (PDP) Governors’ Forum (PDPGF), and Governor of Bauchi State, Senator Bala Mohammed, who witnessed the swearing-in of the 23 LG chairmen, said that his Rivers State counterpart, Governor Siminalayi Fubara, has proven himself a true democrat, who, against all odds, has pushed through with decisions and actions to deepen democracy. He added that Governor Fubara has done so by being proactive with an open mind, deploying his democratic instincts with strategies to carefully deliver democratic governance at the local government level, irrespective of party allegiance or consideration. The PDP Governors’ Forum chairman affirmed that Rivers State is a PDP State, even if the just sworn-in local government chairmen and councillors are of different political parties. He bemoaned the situation, describing it as the problem that they have found themselves both as a party and as governors.
However, Senator Mohammed said Governor Fubara, who is the Vice Chairman of the PDP Governors’ Forum, is still an avowed member of the PDP despite the fact that other parties constitute the body of elected officers at the local government level. “Of course, he is still with us. He’s still a PDP man, and I have to come, on behalf of the Governors, to show solidarity to him for this very proactive democratic instinct that he developed, which is a new manifestation in the political arena in Nigeria; where he had to intensify, and he has to develop strategy to be able to deliver governance, irrespective of party allegiance or party consideration. He didn’t have a structure of the party in the State, for certain reasons, and he had to go out to make sure he allows other parties to participate within the political space so that there wouldn’t be any vacuum. And, I think this is very auspicious, that is very creative and I am very proud of him. And I said, yes, we have lost as a party, and that is why we want to be running away from this. Again, he has established himself as a Governor and the pride of all the governors in Nigeria.”
Governor Mohammed pointed to why it is not advisable to ignore a sitting Governor at the sub-national level because of the role he plays and the following he commands, saying the effrontery to undermine the office and person of Sir Siminalayi Fubara as the Governor of Rivers State is largely not acceptable. He added, “A Governor is the Chief Executive. He can do anything. He can spring surprises because the Nigerian State is run by governors at the sub-national level. Even the Federal Government is a tenant. Nigerians live in the States and Local Governments, and that is why what he did today is very proactive and creative, irrespective of the fact that he knew his party will lose. And certainly, because of his deep democratic instincts, he had to allow the other parties to win, and I will just wish that those who have won will see it in their own modesty and willing to give him support. Because he is not doing it with any strings or asking them to do anything. Let the APP and him have that relationship so that he can govern. I had a similar situation in 2019. I governed a State where only nine PDP person were members in the State Assembly and he (Fubara) is still doing that. So, his political sagacity has come to a level where he has become a specimen for democratic studies in Nigeria.”
Now, to the issue of the aftermath of the election and swearing-in. Since July 17, 2024, when the tenure of then serving chairmen elapsed, the police had mounted barricades at the gates of the 23 council Secretariats. They did not want anybody, so it seemed, other than elected chairmen, to access the premises. Not even legitimate staff and civil servants were allowed to gain entry. During the swearing-in, Governor Fubara warned of clandestine plans to attack the councils on the 7th October, 2024, the day elected chairmen would assume office. The police paid deaf ears. Rather, they vacated the gates of Local Government secretariats they had occupied for about four months. As they left, looking so frustrated, some politically-sponsored thugs had a field day running berserk, and burning council secretariats at Ikwerre, Emohua and Eleme Local Government Areas.
To unravel perpetrators, Governor Fubara set up a 7-man Judicial Commission of Enquiry. The only public reaction on a national television threatening to stop the commission from its given assignment is the FCT minister. He spoke of hiring lawyers to stop the commission from investigating the arson, killings and wanton destruction of property as a result. Will he get injunction? Can an order of court become an immunity under which to seek cover for acts against the law of the land? We wait to see what happens!
Meanwhile, Judicial Commission of Inquiry, comprising Hon. Justice Ibiwengi Roseline Minakiri as Chairman; Mrs. Inyingi Brown as the Secretary; Barrister Uzor Ikenga as the Counsel; Barrister Felicia Nwoke; Prof. Blessing Didia; Sir Samuel Egbe; and Venerable Alex Usifor as members, has since started work.
While inaugurating the commission, Governor Fubara said his administration will not look away while ill-guided youths and sponsored political thugs turn the State into a theatre of violence without being made to pay for such crimes against the State. “So, I have decided to take this action to find out the immediate and remote causes of this arson, most importantly, no matter the personalities involved, we must bring them to book. This assignment is a very important. It is an assignment that, if it is not done rightly, would give the enemies of this State opportunity to continue. And if we are right, it is going to be the end of further destruction of public property in the State. I know it is going to be very tasking. I can assure you that there will be threats, but you have to be strong,” he advised.
Governor Fubara stated that it is long overdue to inaugurate the commission of inquiry owing to incidences that have been witnessed since his administration came on board. “It has become very clear that rather than getting close to the path of peace, this State is gradually turning into a kingdom where law and order is no longer the order of the day. And we cannot fold our hands and allow such thing to happen. On the 5th of October, 2024, about four days ago, we had an election in this State. Before the election, we also heard from a lot of quarters, songs of war, (and) threats but we never took them seriously because we believed that a local government election is a prerogative of the State Government. It has nothing to do with anybody anywhere that is outside the confinement of our State. And for that reason, we believed strongly that whatever it is, we could manage it to produce the purpose of that election.”
Governor Fubara further said: “But, it is very unfortunate that after the election, even while the election was going on, several things happened, which we managed, thinking it was going to end there. The day after the election, there were also more threats from people, and we also thought it was just a normal threat, believing that it was not going to be out of hand but it did.”
Governor Fubara told members of the commission that God has not made any mistake to find them suitable for the assignment given to them. He outlined their terms of reference to include: “Determine the underlying causes of the violence and identify the individuals or groups reasonable for the attacks on some Local Government Council Headquarters and the harm caused to citizens; Evaluate the extent of damage to property, infrastructure, and human lives and estimate the financial losses incurred; Examine whether the violence was politically motivated, and if so, identify the key players and their roles in instigating the violence; Assess the effectiveness of the security agencies’ response to the violence and identify areas for improvement; Investigate the actions of individuals and groups involved in the violence in the face of the relevant laws, including the Violence Against Persons (Prohibition) Act, 2015, etc; Advise on adequate compensation and support for victims and their families, as well as measures to prevent future occurrences; Make recommendations on long-term strategies to prevent similar incidents in the future, including recommendations for policy reforms, community engagement, and conflict resolution mechanisms; Recommend appropriate sanctions for individuals and groups found culpable; and Make other relevant recommendations in light of its findings which the commission may consider appropriate”. They have called for Memoranda from members of the public and stakeholders in the State. They have one month to conclude their findings and submit recommendations to the Governor.
In Rivers State, nonetheless, what needs to be known is that, with the leadership provided by Governor Fubara, the people have used the local government election to liberate themselves. Now, Rivers is free. Rivers now breathes fresh air. Rivers is now great again. Rivers feels home and peaceful with Sir Siminalayi Fubara.
By: Nelson Chukwudi
The newly elected Chairman of Abua/Odual Local Government Council of Rivers State, Hon. Vincent Reuben Obu, has resumed office with the resolve and assurance to govern the LGA with a deep sense of responsibility and consultation with stakeholders to bring sustainable development in the area.
Hon Obu disclosed this while speaking with news- men at Ayama, Abua Central shortly after swearing into office, the vice Chairman of the Council, Hon Eruka Enanaapu and new councilors representing the 13 Wards of the LGA and constituting the 9th Legislative Assembly, with Rt Hon Memonye Wariboko representing Ward1 elected as the Leader.
The chairman dissolved all standing committees and political appointees from the previous administration, and announced the appointment of Dr. Otuoye Asher as the new secretary of the council.
He affirmed his campaign promises to commission projects within 100 days in office, stating that the Abua/Odual rural electrification project would be one of the key initiatives to be commissioned within his first 100 days in office.
Hon Obu condemned the recent unleashing of mayhem and destruction of some local government secretariats by hoodlums, and urged residents to remain law-abiding and key into the peaceful leadership of the Rivers State Governor, Sir Siminalayi Fubara which is bringing total transformation and development in Rivers State.
In their remarks, the Chairman Local Government Service Commission, Pastor Goodlife Ben Iduoko, and Bar Daniel Atemie, congratulated the new Abolga Council Boss and expressed confidence in his capabilities to dispense good governance and democratic dividends in the area.
The Nigeria Civil Service Union(NCSU) has expressed delight over the outcome of last Saturday’s local government elections in Rivers State, and commended Governor Siminalayi Fubara for his uncommon courage, forthrightness and resilience which made it possible for his candidates to win the elections.
The Rivers State Chairman of NCSU, Comrade Chukwuka Richman Osumah, who made the commendation in an interview in Port Harcourt, said the Governor demonstrated uncommon courage, forthrightness and resilience during the build-up and countdown to the elections which paved the way for the successful conduct of the elections and emergence of his candidates as winners of the elections, describing the elections as generally peaceful.
He noted that many people in the State did not give Governor Fubara a chance of successfully weathering the political storm during the build-up to the elections, as they had thought that the entire process was going to be a disaster.
Osumah thanked Governor Fubara for overcoming all odds and ensuring that the entire process was hitch-free, peaceful and credible, describing the successful outcome of the elections as a victory for democracy.
The labour leader also condemned in strong terms the invasion of local government councils in the State by political thugs, shortly after the successful swearing-in of elected council chairmen by the Governor, and expressed joy that Governor Fubara has constituted a panel of inquiry over the development, contending that all those responsible for the mayhem inflicted on the affected councils would pay dearly for their actions.
Osumah equally applauded Governor Fubara for proving that he is truly the Chief Security Officer of the State, before, during and after the elections, adding that it was a great feat that the elections were successful, peaceful and hitch-free without the prying eyes of the police.
He noted that the Governor’s detractors had taken his peaceful disposition for granted, and affirmed that Governor Fubara has truly proved to the world that he is capable of ruling Rivers State.
He, however, appealed to the elected council chairmen and councillors to continue to support Governor Fubara and work for the collective good of Rivers people, insisting that the enemies have not yet gone to sleep but are still awake, to cause more havoc to the State.
He said the Governor as a former civil servant who rose from the ranks to the top echelon of the Civil Service, would continue to enjoy the support of civil servants in the State, and expressed optimism that his administration is going to implement the new minimum wage, as the Governor had promised, particularly now that the local government elections are over.
Osumah carpeted the Inspector General of Police over his roles in the political crisis rocking the State, saying instead of protecting democracy by virtue of his professional calling, he is rather destroying democracy.
According to him, the IGP has a question to answer over his roles in the Rivers political crisis, and has a lot of explanations to make to President Bola Tinubu.
He expressed delight that police operatives several council secretariats in the State, describing it as a welcomed development.