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For The Record

INEC Can’t Conduct Credible Re-run Polls In Rivers – Wike

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Being a  text of an address by Rivers State Governor, Chief Nyesom Wike, CON, at the opening ceremony of the 2016 Annual General Conference of the Nigeria Bar Association  at the Alfred Diete Spiff Civic Centre, Port Harcourt,  on Sunday, 21st August, 2016.
Protocol

It is a great pleasure for me to welcome all of you
to Port Harcourt, Rivers State, for the 2016 Annual General Conference of our association, the Nigerian Bar Association (NBA). Similarly, I also welcome all the international delegates and friends of the NBA from other parts of Africa and beyond that have come for this conference.
As the Governor of this State, let me thank the outgoing President, Austin Alegeh, SAN, and the National Executive Committee of the NBA for bringing this august conference to Port Harcourt. As the Chairman of the Local Organizing Committee, I assure you of a memorable Conference.
If you are a frequent visitor to Rivers State, you’ll notice that this is the fourth major conference the State has hosted in the month of August 2016. We started with the Annual General Meeting of the Magistrates Association of Nigeria. Then came the Annual Conference of the Nigerian Guild of Editors, and the most recent National Convention of the Peoples Democratic Party (PDP) respectively.
Before these Conferences, we had successfully hosted the Africa Movie and Academy Awards, which attracted awardees and delegates from across Africa and beyond, as well as the first national Convention of the PDP. In September, we are also expected to host the West African Architecture Festival, which is expected to attract about 1500 national and international delegates from the West African region and the African Union of Architects to Port Harcourt City.You would agree with me that never in history has Rivers State been so attractive to national and international conferences and events.
As you know, conferences and events of this magnitude are always a boost to local tourism and especially, the hospitality industry. Just image how much revenue the over 10,000 delegates to this conference would inject into the State’s economy through hotel occupancy and patronage of the locals for goods and services. Besides and most importantly too, these conferences are illuminating indicators of the peace and tranquility that Rivers State enjoys since the inception of our administration.
Therefore, I wish to reiterate that Rivers State under our watch is more than happy to host as many events of such substance because the benefits far outweigh the challenges and efforts. And so,to Mr. President of the NBA, thank you once again, for the opportunity you gave to us to host this year’s NBAConference. You have by this conference helped, once again, to expose the blatant lies by fifth columnists on state of insecurity in Rivers State. Again, we wish to appeal to our detractors that instead of adversely running the State down with lies and unfounded rumours, why not join efforts with us to develop our State and provide a brighter future for our children and grand children.
As I look across this august gathering with pride and satisfaction, so much crosses my mind.
First, it is a rare privilege and honour to chair the Local Organizing Committee of this all important general meeting and to address such critical segment of the Nigerian society – lawyers, Magistrates, Judges, academicians, business moguls and administrators all bonded together as distinguished members of the legal profession.
Second, as a learned colleague, I most sincerely admire and respect each and every one of us for the things that you do to earn your living and the values that we all signify as members of the noble profession.
Third, I must confess that no other profession has had so much influence on my life more than the legal profession just as I remain grateful for the contributions many of you have made to my political career.
This year’s theme: “Democracy and Economic Development” is thought-provoking. Although I am not one of the keynote speakers, my interest in the topic impels me to share some of my thoughts on the subject matter with you even as I wait to drink from the fountain of knowledge the conference speakers and discussants.
My starting point is that there is some consensus that liberal democracy fares better at fostering political freedoms and economic prosperity. Although countries have different political trajectories, ours is a constitutional democracy, which not only guarantees basic democratic rights but also constraints the actions of political authorities.
Also, Nigeria, like several other countries, has accepted the ideal of democracy just as the founders of our Constitution believed in the positive correlation between democratically inclusive political systems and successful economic development. Perhaps, that was why they inserted the nation’s economic objectives under chapter two of the Constitution. Furthermore, as an incurable optimist, I think that everyone of us also believe it is still possible to achieve economic prosperity under our democracy.
Arguably, the phenomenal economic progress and prosperity enjoyed by citizens in liberal western democracies lends credence to the hope we easily invest in the connection between democracy and economic development, notwithstanding the fact that non-democratic systems in places like China have also proven to be beneficial to economic development.
However, after 17 years of experimentation,can we truly say that Nigeria’s economy has prospered under our constitutional democracy? My answer, which I believe, is shared by most of you, is a straight no. Most of us hold the view thatNigeria is lagging far behind its potential in economic development despite the huge human and material resources at its disposal.
As I had earlier mentioned, our Constitution provides and guarantees fundamental democratic platitudes. However, constitutional guarantees, no mater how progressive, are barely a collection of words. It is the government; nay, a responsible government and the people that will make them effective to affect positive economic, social and political outcomes.
And so, the mere fact that we are now a democracy would not translate to economic prosperity without more. This must be coupled with a practicable vision driven by viable policies, targeted investments, and trade, which in turn must be supported by appropriate economic incentives such as legal protection of business and property rights, adequate public infrastructure, and security of lives and capital investments.
Thus, while the correlation between democracy and economic development is strong, the missing link, in relation to Nigeria, lies more in our inability to leverage on the democratic system and its values to drive economic development through a synergetic partnership and shared responsibilities between governments at all levels and the private sector.
Clearly, we make mistakes whenever we fail to recognize that democracy is never a mechanical condition. Besides distributing political voices more broadly with the common good as the measure, democracy also entails a host of complex demands, including responsible governance, respect for the rule of law, respect for human rights, including socio-economic rights, and an independent judiciary.
Democracy also allows for the proper exercise of democratic rights, including voting and having the votes count, peaceful protests and criticism from opposition parties and other elements as necessary stimulus for effective service delivery and accountability.
Therefore, our inability as a nation to entrenchand practice the bedrock values and demands of democracy is largely responsible for most of the development challenges confronting us as a nation.
In  law, we say the facts speak for themselves. And so, how democratic is Nigeria when governments at all levels are apt not to have any sense of responsibility; when the law and the justice system is easily compromised and incapable of protecting the weak from the powerful; when the electoral process is fraught with impunity;when security agencies become overly partisan; when viable opposition parties and voices are frequently emasculated; when those who defy the law easily escape accountability; when our courts readily become the centre rings of a circus for either the State or the powerful to abuse the judicial process.
The point must not be lost that as Nigerians, we all want to live in a country that is safe, secure and prosperous, a country where all are equal before the law, where we all enjoy our God-given freedoms of thought, religion and action, where no one or region is deliberately left behind and the benefits of economic growth are justly distributed, and where we exercise our democratic rights to freely and fairly hire and fire our leaders.
But 56 years after independence our country is still largely enmeshed in the throes of economic, social, and political conflictsand violence just as some of our political leaders freely personalize power, literarily expropriate public resources, and operate either above or outside the law to deny us our democratic rights, including development to the people. There are too many examples to recall on this, but let me mention a few.
In Rivers State, a former Governor in utter display of executive lawlessness closed down the courts against the people.This action not only denied over six million Rivers people access to justice but also brought untold economic and social hardship to the State, the business community, as well as lawyers who practise in the State and their families.
We forget often that we pay a heavy price as a society whenever our justice system fails to deliver outcomes that deter and punish crime and criminal behavior irrespective of status. In Rivers State, an Attorney-General abused his powers to withdraw criminal charges against a former legislator who was standing trial for assault and attempted murder of his colleague. Worse still, the centrally controlled police command is presently shielding the said legislator from prosecution and so the victim remains agonizingly frustrated and helpless without justice.
Rivers State is the only State of the country not represented in the Senate due to recurrent failure of the Independent National Electoral Commission (INEC) to conduct peaceful, free and fair elections in the State since 2015. Yet, the National Assembly and the rest of the country are unperturbed by this development, maybe because, as Rivers people and a minority, we do not deserve to have our voices raised and heard in the National Assembly in the first place.
Instead of accepting responsibility for their incompetence and inefficiencies, the same INEC that supposedly conducted ‘peaceful elections’ in the entire North-East geo-political zone at the time when the entire area was seriously engulfed and devastated by the Boko Haram insurgency is now using superficial threats of insecurity as the reason for their deliberate refusal to conduct the outstanding re-run elections in Rivers State.
On March 21 2016, the entire world heard from INEC that it had totally cancelled and called-off the re-run elections in eight local government areas of the Rivers State, including Tai Local Government Area, at about 1100 hours due to widespread irregularities and violence.
Fives months after, the same INEC has now turned 360 degrees to claim that they now have collated results of the re-run for Tai Local Government Area,for an election that was publicly cancelled and therefore, never held in the first place.
In their characteristic manner they ignored our protest, and have, instead, informed us that they will use the fabricated results, which undeservedly placed their adopted candidates at an advantage over and above other more viable candidates in that constituency despite a restraining order from the High Court.
Now, is this not political robbery acting out so shamelessly? Is INEC under Professor Mahmud not guilty of duplicity and odious conduct? What behaviour from an electoral body can be more obnoxious and provocative than this one? How can anyone place his or her trust on INEC to conduct free and fair rerun elections in Rivers State?
Five days ago, the Nigerian Police deceitfully took sides in an internal party dispute to prevent the opposition Peoples Democratic Party (PDP) from holding its elective convention in Port Harcourt despite the existence of countervailing orders from two judges of the Port Harcourt Division of the Federal High Court, directing the Inspector General of Police, who was a party on record, to secure and protect the convention and which orders were duly served on the Police.
The attempt by the Nigerian Police to explain away or to justify this scandalous action on the subsequent and prejudiced orders of Justice Okon Abang of the Abuja Division of the Federal High Court flies in the face of logic and the law.
The Honorable Justice Okon Abang sat until about 1700 hours, took a short break, and delivered his controversial judgment at about 1800 hours. At which time the Convention venue had already been sealed by a large contingent of security personnel personally led by the Rivers State Commissioner of Police (CP) and the State Director of the Department of State Security (SDDSS).  The question is: when was the enrolled order prepared, vetted, signed, served and or transmitted to the Police in Port Harcourt for enforcement in a matter in which they were never sued or joined as parties?
And because a PDP convention must be prevented from holding, the lives and property of Rivers people became inconsequentialin the reckoning of the CP and the SDDSS.
That was why in their desperation to enforce an insidious “order from above” they threw caution to the wind, and against every sense of rationality, mobilized the entire fleet of Armored Personnel Carriers and other operational vehicles from other parts of the State to the the Port Harcourt Civic Centre just to prevent a harmless party meeting from holding, and in the process left an entire State literally exposed and vulnerable to the mercy of criminals.
For us, there is nothing surprising about the treacherous actions of the CP, the SDDSS and their collaborators. At any rate, we are more than convinced that these are telltale signs of what they and INEC would unleash at the people of Rivers State during the re-run legislative elections they have promised us, would hold few weeks from now.
But as they regale over their ‘conquest’ of the Port Harcourt Civic Centre on that ill-fated day, let them not forget that,in matters of elections, Rivers people are sufficiently mobilized to resist any rigging arrangements at the pending re-run elections. A word, they say should be enough for the wise!
All too often, State Governors are unduly blamed for security challenges in States. But we all know that Governors are all but fictional Chief Security Officers, relevant only for the financial support they could give to an operationally challenged security substructure.
In Rivers State, politics and partisan considerations now determine the posting of senior security officers to the State. In particular, having signed-in onto the unholy conspiracy to undermine our administration, the Security High Command in Abuja prefers to make deployments that are intended to shore up the political fortunes of a degraded political opposition at the expense of providing effective security cover to the State and its people.
With an average turnover of less than three months, the present CP is the fifth police chief they have posted to Rivers State since we assumed office.
Recently, the Inspector  General of Police (IGP), despite our protestations, posted some questionable senior police officers to command and control very critical security formations in the State. While we acknowledge the IGP’s right to post and transfer at his will, the concerns we raised about the character and competence of these particular officers and the motive behind their sudden redeployment to Rivers State are legitimate and remain unaddressed.
We strongly believe that by their behavioral antecedents and unabated hostility towards our government, these characters would rather work hard to sabotage and compromise peace and security in Rivers State in order to satisfy the demands of the political opposition that procured their posting, and for which interest they had and are still committed to promote and protect. Consequently, we hope the world would know whom and where to hold responsible should the security situation suddenly deteriorates in Rivers State.
Regrettably, in these and many other acts of impunity perpetrated either directly or indirectly against the people of Rivers State, and elsewhere across the country,by national institutions funded and sustained with taxpayers money, the NBA has maintained a worrisome degree of silence and indifference, despite the clear danger they pose to the survival and progress of this country.
As a free citizen of this country, my take is that we must all undertake to fight and defeat impunity to enable democracy flourish and deliver good governance and economic prosperity to our people.
Therefore, I wish to emphasize that part of our individual and corporate roles, as members of the NBA, is to protect our democracy from being destroyed by leaders who hold the system in contempt, using our voices, the law and the justice system as our basic tools.
Indeed, we elevate society and our profession when we fight to uphold democracy; when we fight at all times for the independence and integrity of our justice system, when we fight to protect universal access to our courts; when we fight for free and fair elections; and when we defend the constitutional rights of all Nigerians to peacefully congregate for lawful purposes.
At the same time, we stand condemned when we take our democracy for granted and do nothing when undemocratic forces subvert the rule of law, assault our democratic freedoms,hold everyone of us down as captives; and when we keep mute in the face of continuing injustice and repression.
Time was when the NBA not only acted as the conscience of the nation, never afraid to take principled positions on critical national issues, and never tired of fighting to entrench the rule of law, judicial independence, electoral reforms and public accountability.
Therefore, at a time when trust in our democratic institutions, including the National Assembly, the Justice system and even the legal profession has been shaken, I wish to remind you that your roles as members of the NBA, as officers of the Court, and as the stewards of the law and justice is more important now than before.
History is replete with institutions that have diminished into irrelevance because they no longer served the public interest. May this not be our portion as we emerge from this conference united and resolved to fight for the systemic change we need, to continuously uphold our dearest values, and by standing for justice and on the side of the people in all circumstances.
Learned Colleagues, as a lawyer in public service, permit me to shed some lights on the difference our administration has made in the service of Rivers State since we were voted into power a little over a year ago.
Let me start with the judiciary. We inherited a judiciary that was severely disabled and abandoned by the previous administration. For over a year, the State High Court had no clear administrative head, andan overly powerful Governor closed down all State Courts, while judicial infrastructure badly damaged, as a result of the long closure.
As we came in, we proceeded to systematically tackle each and every of these challenges with a high sense of urgency. Today, I am proud to report that we successfully resolved the leadership impasse within the provisions of our laws andre-opened the courts for full judicial activities within our first three days in office.
Furthermore, we chose to be different and exemplary in the appointment of judicial officers to head our courts. While my predecessor defied the law and the National Judicial Council (NJC)and attempted in vain to foist his confidant on the State as the Chief Judge, we meticulously followed the law and convention to appoint the most senior Judges to that exalted office.  As a result, we have successfully appointment two female Chief Judges of the State in quick succession based on the law within the last one year.
It is also instructive to note that the current Chief Judge of the State, Honourable Justice Adama Iye Iyayi-Lamikanra is not an indigene of Rivers State. But because we are committed to merit, due process, and the law, we gladly recommended her to the NJC and had her confirmedand appointed without hesitation. I wonder how many States in Nigeria could uphold, reward, and extend equal rights and privileges to non-indigenes in their services.
Having restored stability to the judiciary we proceeded to tackle the systemic problems affecting speedy and effective administration of justice, including the welfare of judicial officers.
As I speak, we have since ensured financial autonomy for the State’s judiciary. With this change, the State’s Chief Judge and the President of the Customary Court of Appeal no longer depend on irregular executive patronage to fund their development programmes.
We have also been active in improving judicial infrastructure. Our execution records show that we have spent over one billion naira to fund various judicial projects, including the rehabilitationand furnishing of existing courts and judges’ quarters as well as the construction of new court halls in the State’s High Court complex.
On welfare of judicial officers, we just concluded the acquisition of land for the construction of residential houses for judges and other judicial officers. Two months ago, we procured and distributed 57 new vehicles to every magistrate in the State’s magistracy.
Furthermore, we are doing everything to increase the number of judges and magistrates in order to reduce their workloads and the time frame for the trial of cases. Last year, we got approval for the appointment of two High Court Judges and one Judge for the Customary Court of Appeal. We are intensifying to have more judges approved and appointed for the State this year.
Our intention to make Rivers State a regional judicial hub has motivated us to also extend our interventions to Federal Courts in the State. As I speak, we have almost completed the construction of a new modern two-story court building, which we intend to donate to the Federal High Court, all things being equal.
Barely four days ago, we received the nod from the President of the Court of Appeal to comprehensively renovate the Court of Appeal Complex in Port Harcourt. We will soon award the contract and ensure that work is completed in recorded time.
The bench and the bar are the inseparable pillars of the justice process. Thus, as a government, the welfare of both bodies remains dear to us. Accordingly, we have supported and will also continue to support the bar at the national and State levels.
To this end, we have constructed one of the most modern Law Centres in the country for the Port Harcourt Bar. The imposing three story building has some of the most adoring halls, offices and facilities you can ever dream of, including a 1200 capacity auditorium/gallery, ICT room, lawyers changing rooms, multi purpose hall, cafeteria/server points, kitchen, storage room, human rights general office, senior lawyers lounge/meeting room, ADR room, a lift and conveniences.
We donated six 25-seater buses to FIDA and the five existing branches of the NBA in Rivers State to enhance movement for the executive and members of the association and the various branches.
We contributed to the building of the NBA’s national secretariat in Abuja. In appreciation, the fifth floor of that magnificent building has been designated as Rivers State floor, and we shall name the halls therein after prominent members of the legal profession from the State, dead or alive,who distinguished themselves both in their professional career and in their services to Rivers State and the nation.
Furthermore, we have since completed the long abandoned faculty of law complex in the Rivers State University of Science and Technology and named it after our own doyen of the legal profession, the first Senior Advocate of Nigeria, former Attorney-General of the Federation of Nigeria and finest legal luminary of all times, the late Dr. Nabo Graham Douglas. Recently, the facilities in the faculty were adjudged to be the best in the entire West African sub-region.
As a government, wefeel very strongly about the state of our criminal justice system. With delayed trials, lack of or inadequate legal representations for defendants, long detentions without trials, and overcrowded prisons, the criminal justice system is fast becoming a mill for injustice instead of delivering justice to the defendant and society.
We have therefore initiated necessary reforms, including domesticating the Administration of Criminal Justice Act 2015 with necessary modifications to achieve speedy and fair trial of criminal cases and reduce the tendencies for criminal behavior by inculcating respect for the law in our people.
We have also strengthened the law against hostage taking by amending it to provide for stiffer penalties, including the forfeiture of assets or profits derived either directly or indirectly from kidnap operations.
We have also made great strides in some other areas of priorities, such as the provision of road infrastructure, improving security,housing, and workers welfare.
At a time when most States are not paying salaries, we decided to prioritize the welfare of workers in the State. As I speak, we did not only clear the huge backlog of salaries owed to civil servants, pensioners, primary health workers and the State football teams by the previous administration; we are up to date in our salary obligations to civil servants, except those who still have issues to clear with our biometric staff audit exercise.
Those of you who were in Rivers State before our administration must be familiar with the state of our roads in Rivers State. We took over roads that had become death traps with deep potholes serving as hot spots for hostage taking and other criminal activities. We also inherited several other major economically viable roads, which the previous administration abandoned soon after they were started.
However, we have since completed the most ambitious road rehabilitation programme ever undertaking in the State with our operation zero pothole programme.Today, most of the roads and streets in Rivers State have been transformed to become some of the smoothest you can drive on in the country.
Besides road rehabilitations, we have also constructed or reconstructed over 20 new roads and bridges while several more roads and other projects are going on, including the 16 km Sakpenwa – Bori road, which straddles three Ogoni Local Governments Areas of Tai, Gokana and Khana, the dualization of Elelenwo-Akpajo-Eleme road, Trans-Amadi road, the Oil mill-Elelenwo-Akpajo road, the Igwuruta-Etche-Chokocho road, the Obiri Ikwerre – Airport road, the Port Harcourt Ecumenical Centre, and the Port Harcourt Pleasure Park. We recently awarded contract for the expansion and rehabilitation of the Bonny/Bille Waterside jetty.
So far, we have injected over N80 billion into the state economy by funding the provision of roads and other critical infrastructure. This has gone a long way to reflate the state economy, create jobs in the construction industry and provide empowerment for local venders and suppliers.
Also, despite the frustrations, we have prioritised funding for security services and operations in the state more than any other state. In the last one year, we have not only provided over 100 operational/patrol vehicles to strengthen the state’s security sub-structure but also ensured regular funding for the logistical and operational needs of the state.
Although we are not where we want to be, we are happy that security has improved much more and Rivers State is substantically more peaceful, safe and secured than before for residents, businesses and visitors.
Those who are objective know that Rivers State has been free from the wanton attacks and destruction of the country’s hydrocarbon infrastructure by the resurgent militants due to our efforts to keep Rivers State peaceful and secure our national economic assets for which we deserve to be commended and encouraged.
On the whole, what we have achieved in the last one year with the lean resources at our disposal goes to demonstrate what is possible under a responsive and responsible leadership.
As we look forward to the future, I want to promise you that it can only be better for Rivers State.
Finally, I hope that you will all have a fulfilling time in Rivers State. Remember, all work and no play makes Jack a dull boy. So, while you participate in conference activities, also find some time to go round Port Harcourt City to feel and absorb the life, ambience, peace and peculiar Rivers hospitality.
Thank you a lot  and may God bless you all.

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For The Record

BROADCAST BY HIS EXCELLENCY, SIR SIMINALAVI FUBARA, GSSRS ON TUESDAY, 18TH JUNE, 2024

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My fellow Rivers people
1. I come before you today with immense gratitude and heartfelt appreciation for your unwavering support to me and my administration.
2. I urge us all to reflect on the shared sacrifice we have all made to have a peaceful and prosperous Rivers State and indeed Nigeria. It is my wish that we continue to live in peace and harmony as one.
3. Together, we have achieved milestones in different sectors of our economy which includes infrastructure, health, education, workers welfare, improved service delivery, agriculture and social welfare that resonates deeply within our communities.
4. Your dogged and committed support has been the bedrock of our progress, and for that, I extend my sincerest thanks.
5. I also wish to acknowledge and commend the dedicated services of the outgoing elected Local Government Chairmen, Vice Chairmen and Councilors who were elected and sworn in three years ago, and whose tenure expired yesterday the 17th of June, 2024, as provided for by the Law.
5. On behalf of the Government and the people of Rives State, I thank you all for your sacrifices and commend your commitment to public service and our dear Rivers State.
7. I congratulate you all for the successful completion of your tenure and wish you well in your future endeavors.
8. As we move forward in making sure that the constitution of the Federal Republic of Nigeria is upheld, and that law and order is maintained as we continue to strive to provide leadership and direction for our people, I hereby direct Heads of Local Government Administration (HLGAs) to continue to provide leadership in their respective Local Government Areas.
9. Heads of Local Government Administration (HLGAs) are hereby directed to immediately take charge of the Councils with renewed vigor and readiness to serve and await further directives as we navigate towards even greater accomplishments together.
10. I assure you, my good people of Rivers State that we shall continue to defend you, provide infrastructural development, sound healthcare delivery, quality education and undiluted welfare service packages for all our people and workers.
11. Once again, I thank you my dear good people of Rivers State, for your steadfast support and dedication to our shared vision of unity, progress and prosperity.
12. Together, we will continue to build a brighter and better future for all.
13. Happy Salah Holiday.
14. God bless Rivers State.
God bless the Federal Republic of Nigeria.
I’ll LEAD WAY TO PROTECT RIVERS PEOPLE, FUBARA ASSURES
(3rd lead)
•Says RSG’ll Resist Supporters’ Arrest
•Warns Against LG Secretariats’ Invasion
Rivers State Governor, Sir Siminalayi Fubara, has assured that he will fearlessly lead the way to ensure that peace continued to prevail in the State while also protecting all patriotic supporters for their stand on the path of truth.
Governor Fubara made the vow while addressing newsmen, shortly after rising from a State Security Council meeting with heads of the security agencies at Government House in Port Harcourt on Tuesday.
The Governor emphasised that no grand plan to arrest such patriotic supporters on trumped-up charges will be tolerated.
Governor Fubara stated that there is no extension of tenure of elected local government chairmen, adding that the law is unambiguous on it, clarifying that the court has also affirmed the position of the law.
The Governor said: “Let me also say this: I’m also aware that there is a grand plan to come and arrest some of our supporters. This time around, you have to pass through me to arrest them because I don’t think there is anything that any of those people following us has done. Rather, thy are standing on the side of truth.
“If it will cost us our lives to stand on the part of truth, we will do that. And I will be the one that will lead the course,” he added.
Governor Fubara further said: “Let me assure everyone, more especially, the great and peace- loving people of Rivers State: the law is the law. The law has said that there is no extension of tenure.
“The court said so, and whoever that is assuring anybody anywhere of whatever, I advise them to desist from it because peace is what we need in this State.
“I assure everyone of you that whatever it takes to make sure that we maintain peace and order, we are not going back on that,” he emphasised.
Governor Fubara explained that the Security Council Meeting was called because of the recent threat to the peace of the State by the outgone chairmen of the Local Government Councils.
The Governor said: “You are all aware that the tenure of the council chairmen ended yesterday, 17th June, 2024, and today, we have ordered the Heads of Local Government Administration to be in charge while they await further directives.
“It’s really unfortunate that we started hearing some disturbing news from some LGAs of invasion of council secretariats, and it is really unfortunate. So, we have called the Security Council Meeting so that the needful will be done.
“We are also aware that our enemy is also planning a lot of things. But we will not fall into that plot. We will not also allow him or them to destroy the peace that we are enjoying in the State,” he added.
He thanked the media and the peace-loving people of the State for their support, and urged everyone to continue to remain law-abiding for the unity and progress of the State.
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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

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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

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For The Record

Can Rivers Assembly Remove Governor’s Powers To Appoint Executive Officers?

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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

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