For The Record
Building On Foundations Of Unity, Progress
An address by President Goodluck Jonathan on the occasion of the nation’s 50th Independence Anniversary celebrations, last Friday.
Fellow Citizens,
Today, 1st October, 2010 marks the 50th Anniversary of our independence from Britain. It is with a deep sense of humility and gratitude to the Almighty that I address you this morning.
On this day in 1960, the heroes of the nationalist struggles and all Nigerians were full of hopes and dreams. The citizens of the new country danced in colourful celebration of the newfound freedom. Nigerians were filled with expectations as the Union Jack was lowered and the green-white-green flag was raised in its place. A new country was born. A new journey had started on a road never taken before. The future was pregnant with promise.
With patriotism and pragmatism, our founding fathers charted a course for the greatness of this country. While there were differences and disagreements, they did not waver in their desire to build a country that future generations would be proud of. They made compromises and sacrifices. They toiled night and day to build a viable country where progress and peace would reign supreme.
Our independence was gained by men and women who envisioned a land of freedom and one of opportunity.
Our founding fathers sought a government of character, that seeks justice to her citizens as our national anthem so eloquently describes: One Nation Bound in Freedom, Peace and Unity. However, today, the opinion of many Nigerians is that these dreams and expectations have not been fulfilled. Not only have people despaired about the slow pace of progress, some have in fact given up on the country. Some believe that if the colonial masters had stayed longer, Nigeria may have been the better for it.
All these postulations, we must admit, are borne out of a somewhat justifiable sense of frustration. Our troubles and failures are well catalogued. For a country that was, in terms of development, on a similar, if not better level with many countries at independence, it is discomforting that we are lagging behind as the economic indicators among nations now show.
In the midst of these challenges, it is easy to forget our unusual circumstances. We have actually been moving from one political instability to the other such that we have barely been able to plan long-term and implement policies on a fairly consistent basis.
This instability has also impacted negatively on institutional development, which is necessary for advancement. The structures of governance had barely been developed when we ran into a series of political obstacles shortly after Independence.
While we were at it, the military took over power and this fuelled a different kind of political instability which ultimately led to the unfortunate 30-month Civil War. This was certainly not the dream of our founding fathers who sacrificed so much to give us Nigeria. They did not dream of a country where brothers would be killing brothers and sisters killing sisters. They did not dream of a country where neighbours and friends would exchange bullets in place of handshakes.
Military rule and the Civil War were major setbacks for our nationhood. They produced a polluted national landscape. This did not offer the best atmosphere for national development. It impacted negatively on Nigeria socially, politically and economically, a situation which further undermined our aspiration as a stable nation. Without political stability, it has been very difficult to plan and build our institutions like other countries that were our peers.
Dear compatriots, despite the serious challenges that we have been living with; we cannot ignore the fact that we have cause to celebrate our nationhood and even a greater cause to look forward to a brighter future. This is a historic occasion when we need to pause and appreciate who we are, what we have, and to reflect on the encouraging possibilities ahead. There is certainly much to celebrate: our freedom, our strength, our unity and our resilience.
This is also a time for stock-taking, to consider our past so that it will inform our future. This is a time to look forward to the great opportunities and challenges that lie ahead for Nigeria. In fifty years, we have in several respects, attained heights that we should be very proud of as a nation.
In the fields of science and technology, education, the arts, entertainment, scholarship, and diplomacy, Nigerians have distinguished themselves in spite of the enormous hurdles they encounter everyday. If we could achieve so much under tough conditions, we are capable of achieving even much more in our journey to the Promised Land.
Our strides in medical science are hardly celebrated. Recently a team of Nigerian scientists led by Dauda Oladepo of the International Institute for Pharmaceutical Research and Development (NIPRD) discovered CD4 Lymphocyte baseline for testing people living with HIV/AIDS. The effort is all the more remarkable because it was funded by the Federal Ministry of Health and its findings are particularly useful to the Nigerian environment. The discovery is very vital to monitoring and managing the disease progression in infected people.
Also, a Nigerian scientist, Dr. Louis Nelson, has made significant progress in his research to find a permanent cure for diabetes, which afflicts over 123 million sufferers worldwide. The vaccine that has made Yellow Fever disease manageable was developed in our shores! While we may not have landed a spaceship on the moon or developed nuclear technology, our inventors and innovators have made globally acknowledged contributions. Clearly, these are indications that within us are potentials that can be harnessed for greatness.
Nigerian writers have won numerous awards on the global stage. Professor Wole Soyinka gave Africa its first Nobel Prize in Literature. Professor Chinua Achebe pioneered the most successful African novel in history. Ben Okri won the Booker prize. Helon Habila, Sefi Attah and Chimamanda Adichie, among several others, are internationally renowned.
In the movie industry, Nollywood is rated second biggest in the world. Nigerians have by themselves defied all that is negative around them to build a billion dollar film industry from the scratch. This is a major landmark worth celebrating.
Today our actors and artistes are household names in Africa and parts of the world. The future can only be brighter as competition in this sector breeds improved quality and better creativity. Our leading professionals – lawyers, scientists, economists, doctors, diplomats and academics are celebrated all over the world. They occupy prestigious positions in the leading institutions across the developed world. Most of them were born and bred in Nigeria. Most of them schooled here before they travelled abroad. This should tell us something: that daunting as our circumstances have been, we are still full of ability and capability. We are blessed with talented and patriotic Nigerians at home and in the Diaspora, many of whom are willing and ready to return home to be part of the drive to turn Nigeria around for good, so that the country can take its pride of place in the comity of nations.
My brothers and sisters, as we begin the journey to another fifty years of nationhood, we have two choices to make. We can choose to focus on the imperfections and problems that easily beset us as a nation or we choose to focus on the unlimited possibilities that we have. I urge us all to choose the latter. I prefer to see the silver lining in the dark cloud rather than the dark cloud in the silver lining.
Today, we need to celebrate the remarkable resilience of the Nigerian spirit. We need to appreciate, that even though the road has been bumpy; we have trudged on, in hope. We may not have overcome our challenges, but neither have our challenges overcome us. Whenever we are completely written off, we always bounce back from the edge to renew our national bond for the benefit of our progress. That is the Nigerian spirit. This is what has kept us together as a country even when other countries with far less challenges have fallen apart.
Our recovery from the scars of the Western Region Crisis, the Civil War, and the June 12, 1993 election annulment has convinced me more than anything else that Nigeria is destined for greatness. It has proved that in our differences, tough circumstances and diversity, what binds us together is far more stronger than what divides us. We have a glorious future awaiting us. I am convinced that North or South, East or West, Muslim, Christian or other faiths, majority or minority, we are all bound by our common humanity and mutual aspirations.
We are not sworn enemies. We are not irreconcilable foes. We are neighbours who sometimes offend each other but can always sit down to talk over our differences. We are one people and one family. There are clear examples across the country where, in one family, you have people of different faiths and convictions living peacefully under the same roof.
The father could be a Muslim, the mother a Christian and the children professing different faiths. Yet, they do not draw the sword against one another in the name of religion.
Fellow compatriots, one of the greatest achievements of our union this past fifty years is our togetherness. The late Sardauna of Sokoto, Alhaji Ahmadu Bello once said: “Let us understand our differences.” I identify fully with these words of wisdom. Our faith may be different. We may not speak the same language. We may not eat the same kind of food. But we are in a plural society where we have continued to accommodate one another and integrate without reservations. This we must build on! This we must strengthen! We have the opportunity of imitating our forefathers by envisioning a new society where our children and children’s children will live in peace and harmony and enjoy good quality of life comparable to the best the world can offer.
Today marks the dawn of a new era. It is in our hands to decide what we want to make of it. We must reawaken in ourselves the hunger and aspirations of our founding fathers for a strong, united and prosperous nation that shall be the pride of future generations. To do this, we must change the old ways of doing things. The core values of patriotism, hardwork, integrity and commitment to good governance must henceforth take precedence.
It seems to me that the consensus of most Nigerians is that the time has come for us to break from the past and progress into a better future. We should not allow Nigeria to be pulled back again by those who believe it is either they have their way or the country should fall to pieces. The new Nigeria ahead of us, the new Nigeria we have to build together, is a society where everybody must feel at home. It must be a place we can all be happy, comfortable and confident to call our country. It is not just enough for us to talk about how Nigeria can be great; it is our duty to make Nigeria great.
We can change Nigeria from our communities, cubicles and desks. The task to make Nigeria great is a task for everyone.
My fellow citizens, we stand at a cross roads. Our forefathers did not achieve our freedom by doing what was easy or convenient. We have not sustained our independence and built our democracy by wishful thinking. We must not allow our future to pass us by. We must grasp it and shape it, drawing on the same spirit and vision that inspired our founding fathers fifty years ago.
On my part, I promise visionary and committed leadership. I promise to give my all, my best, to our great country. I am committed to ensuring public safety and security. Government is fully aware of the ugly security situation in Abia State. We are determined to confront it with even greater vigour. For our present and our future, I am committed to improving the quality of education and to give Nigeria the edge in human capital development. We will rebuild our economy by continuing the implementation of the reforms in the banking and other sectors to ensure economic progress.
I will fight corruption and demand transparency so that we can all take pride in our government. Through various policies, we shall continue to seek ways to grow the economy further, give our citizens greater opportunity so that we can compete better in the global market place.
I am committed to the implementation of a national fiscal policy that will encourage growth and development. We will give priority to wealth creation and employment generation. I am focused on addressing our infrastructure needs, especially power, as this is the biggest obstacle to our economic development and wealth creation.
I am determined to implement to the letter the recently launched power sector roadmap, and I am confident that we will soon be able to provide the power that we need today as well as the resources to meet the needs of tomorrow. All the issues bordering on peace, justice and stability in the Niger Delta are being addressed and will continue to receive attention as we consolidate on the Amnesty Programme.
When God gives you an opportunity, you must use it to His glory and to the glory of His creations. I promise to use the opportunity given to me by God and the Nigerian people to move Nigeria forward. We must therefore pay special attention to the advancement of our democracy through credible elections. I have said this and I will say it again, with all the conviction in me: Our votes must count! One man, One Vote! One woman, one vote! One youth, one vote!
The future of Nigeria and generations yet unborn is at stake. We must start the journey to the next fifty years with credible elections, with a clean break from the past. We must show the whole world that we can do things the right and the equitable way. This is my pledge and I will never deviate from it.
The Nigeria of the next fifty years must be a land of delight. The signs are not difficult to see. We have a hardworking population, a growing sense of Nigerianness and a new generation of leaders with new ideas. We must have a new sense of purpose and a determination to make things work. WE MUST COLLECTIVELY TRANSFORM NIGERIA.
The ultimate result of all these, Fellow Citizens, is that a new Nigeria is in the making. The worst is over. Our latest democratic dispensation has defied all the odds. Since Independence, we have never had 11 years of unbroken civilian rule as we have today. This is a new experience for us. With this comes stability. With this comes the building of strong institutions. With this comes the ability to plan and pursue our plans.
The great people of Nigeria, I implore all to join in the renewed efforts to remake Nigeria. It is a task for everyone. Pray for our country; wish our country well; do things that will make our country great; see and tap into opportunities for greatness that are everywhere around you and take pride in Nigeria. These are the ideals that I embrace. These are the issues that I am committed to.
In conclusion, I will like to speak to Nigeria’s greatest resource: our young men and women. I say you have the greatest stake in transforming our nation. It is time for this generation of Nigerians to answer the call and contribute to Nigeria’s foundation of freedom. That is how this generation will make its mark. That is how we will make the most of these opportunities. That is how we will ensure that five decades from now, as our children and grand children celebrate our nation’s independence centenary, we will be remembered as having contributed to the great history of Nigeria.
On my part I commit myself to doing my very best and to call on your intellect, wisdom and commitment to bring this dream to fruition.
May God Almighty bless you all!
May God bless the Federal Republic of Nigeria!
– Goodluck Ebele Jonathan, GCFR,
President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
For The Record
BROADCAST BY HIS EXCELLENCY, SIR SIMINALAVI FUBARA, GSSRS ON TUESDAY, 18TH JUNE, 2024
For The Record
An Open Letter To President Bola Ahmed Tinubu On The Imperative Of Revisiting The Eight-Point Resolution Brokered As Truce For The Rivers Political Crisis
Your Excellency, as belated as it may come, please, do accept my congratulations on your victory in the last Presidential election, and the seamless swearing-in ceremony that ushered you in as the sixth democratically elected President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
Of course, your victory did not come as a surprise to many, given your antecedents as a democrat, astute administrator and, a go-getter. Whereas your track record as a political activist, especially in the wake of the annulled June 12, 1993 presidential election is self-evident; your exceptional performance as Governor of Lagos State is a clincher any day.
It is my prayer therefore, that the good Lord, who has brought you this far, guide and direct your ways to steer the ship of state aright.
That being said, Your Excellency, please permit me to commence this correspondence with an allegory drawn from our recent past. A few years ago, Chief Olusegun Obasanjo was elected Nigeria’s President on the platform of the Peoples Democratic Party (PDP). You were equally elected Governor of Lagos State on the platform of the Alliance for Democracy (AD). This electoral upshot inevitably placed you in opposition to the government at the centre.
The dust raised in the wake of the elections was yet to settle before you disagreed with then President Obasanjo. The bone of contention transcended personal vendetta, or so it seemed. Again, it happened at a time when our democracy could rightly be described as nascent. You had approached the court to seek judicial interpretation on some grey areas of our constitution, as provided for, in the concurrent list.
Much as Obasanjo would have loved to have things go his own his way, he was apparently restrained by the grundnorm. And he recognized it was within your right to seek judicial interpretation as to whether he wasn’t exercising his powers as president ultra vires. That was the rule of law at play; a classic specimen of what we fondly refer to as the beauty of democracy in our political parlance.Above all, it underscored the centrality of the constitution in resolving state matter.
Nigerians gave you thumbs up for engaging Obasanjo and the federal government all the way up to the Supreme Court. Moreover, happening at a time when the fear of President Obasanjo and the unwritten federal might were considered the beginning of political wisdom in our polity. Of course, the constitution came handy as a leveler between your good self and former President Obasanjo.
In light of the above, Nigerians naturally expect a clear departure from what the Obasanjo era and the immediate past regime offered them as constitutional democracy. Whereas it is still early in the day to rate your performance in this regard, one cannot but acknowledge that you have so far shown that you have some listening ear. Your intervention in what could have degenerated into a total breakdown of law and order in Rivers State late last year comes as a reference point. For me, stepping in to halt the ship of state from completederailment is an eloquent attestation to the fact that you place the security of lives and property, peace and harmony, and national cohesion over and above partisan interest.
You could equally have looked the other way and allow the crisis fester, since Rivers State is a PDP state. But you hearkened to the voice of reason, and that of well-meaning Nigerians, particularly, Chief Edwin Kiagbodo Clark, the leader of the Ijaw nation, and, the Ijaw National Congress (INC) to halt the drift. Notwithstanding your tight schedule, you took out time to summon the governor of Rivers State, Sir Siminalayi Joseph Fubara, his predecessor, now FCT minister, Barr. Ezebunwo Nyesom Wike and Hon. Martins Amaewhule who were the principal actors in the crisis to the Villa, and have them subscribed to a peace deal.
Although I had my reservations over the eight-point resolution ab initio, I refrained myself from joining the bandwagon in pointing out some of the obvious limitations in the document at the time. My position was informed by the following reasons. First, I didn’t see it as the wisest thing to do at a time when the crisis was raging like a wildfire. For me, nothing could have been more paramount than bringing the situation under control, which the armistice effectively accomplished. Second, I trusted your judgment, and honestly believed that you brokered the deal in good faith. I was therefore willing to give the truce the deserved benefit of the doubt by putting it to test. Finally, and most importantly, the governor who was in the eye of the storm was unwavering in restating his commitment to the terms of the truce.
However, three months after the deal was struck, I dare say, Your Excellency; that it has failed in attaining the ultimate goal of reconciling the warring factions.Instead, it had become the template for the palpable tension the state has since been grappling with. This outcome is by no means surprising to any discerning mind. And the reasons are not far-fetched. First, as I mentioned earlier, it would appear that in a bid to halt to the looming anarchy, the constitution which is the grundnorm was not properly consulted in forging the eight-point resolution. Also, a reexamination of the document reveals a certain degree of political fiat in its construct.
That the eight-point resolution has since triggered a plethora of litigations is only natural. That it has induced a near state of anomie clearly points to the inherent flaws in the document. That it has thrown up desperadoesand warmongers like Chief Tony Okocha and Engr. Samuel Nwanosike who now disparage, distract and outrightly abuse a sitting governor with reckless abandon is equally expected. As for Wike, the man believes the governor is his lackey, therefore, tongue-lashing, and outrightly threatening to give the governor sleepless nights are privileges he believes are within his right. But most worrisome, is the fact that Wike doesn’t make empty threats. In other words, backtracking on getting the governor out of office, either by hook or crook isn’t just an option.
The truth is, some of the articles in the eight-point resolution stealthily stripped the governor of the powers and aura of his office;thus exposing him to the ridicule we see today. For instance, article three directed the governor to reinstate former members of the state executive council,who had earlier resigned their appointments from the state cabinet. Truth be told, such directive to a sitting governor, in the very least, leaves a sour taste in the mouth. Perhaps, it would have been a different kettle of fish had the governor whimsically sacked the commissioners because he suspected their allegiance lay with the FCT minister. But here, these supposed honourable men and women resigned their appointments on their own volition, citing “personal grounds”.
One would have expected Your Excellency toresolve the issue a little differently given your groundedness in public and private administration; knowing that trust and mutual respect took flight the moment those commissioners handed in their resignation letters. In other words, people with obvious reservations against each other cannot truly work as a team.
The constitution expressly confers the powers to appoint commissioners on the governor of a state. It follows therefore that commissioners owe their loyalty to the governor who appoints them. While in the saddle, Wike was unequivocal in demanding a hundred percent loyalty from his commissioners. And that was what he got during his eight-year reign. Granted that the commissioners in question were all nominated by the FCT minister as we now know; the question is, was it also within his right to direct their resignation at will, and then re-direct their reinstatement because the plot to remove the governor failed?
If you ask me, requesting Wike, the nominator, to nominate fresh persons in their stead would have created more semblance of statecraft, seriousness in governance and, more importantly, saved the governor’s face. It also would have gone a long way to demonstrate that some things are beyond trifles. Put differently, the notion that a crisis of that magnitude could be resolved absent collateral damage rest on a faulty premise.
Again, article six of the eight-point resolution apparently puts the governor in a catch 22 situation. Directing the governor to re-present the state Appropriation Bill that has already been passed and signed into law to Hon. Martins Amaewhule and his co-travelers, in my humble opinion, was another sore point in the document. I doubt it was a fitting consideration for a failed impeachment that shouldn’t have happened in the first place; not after the courts have already made pronouncements on the issues.
Your Excellency, I honestly believe you didn’t intend the current stalemate between the executive and the legislative arms of government in Rivers State. Nevertheless, that is the reality on ground, as the governor, on one hand, governs the state with an infiltrated state civil service; and Martins Amaehule with his ‘Assembly’ members, working at cross-purposes with the governor, dish out all the anti-executive bills they can imagine. A case in point is the latest piece of legislation coming from the ‘Assembly’. Again, one wonders,what Assembly worth its salt, wouldseekto elongate the tenure of the current local government chairmen and councilors; knowing they were elected and sworn into office for a three-year term that expires in June? The question is, do we now enact our laws retroactively?
Now, to the crux of the matter, Wike is a man with a history of political violence. His politics thrives in an atmosphere of strife and rancour. It cannot be over emphasized that he presently seeks to overheat the Rivers polity, and possibly make the state ungovernable. He is hell bent on accomplishing the intendment of a failed impeachment. His penchant for violence explains why Rivers State under his reign wore the appalling badge of a conquered territory. The state hasn’t exploded yet, given its current tenuous peace of the graveyard,is because, Gov. Siminalaye Fubara has refused to swallow Wike’s bait. In fact, his refusal to join issues with the man he calls master, and probably heat up the polity explains why restive Wike wants 2027 switch place with 2024 in the Nigeria political calendar.
Already, his vicious supporters are on the prowl, momentarily rehearsing vandalism and arson of public and private properties, with no qualms, even in broad day light. Sadly, the license to take laws into their hands springs from standing on Wike’s mandate. This much is evident in a video that has gone viral on the cyberspace. One would have dismissedthe ongoing rampageas the man’s political trademark, except that wily Wike claims to be standing on your mandate, even though he has been most cautious in defecting to his supposedly ‘cancerous’ APC.
Your Excellency, is it not curious that Wike and his supporters are the only band daily chanting “On your mandate we shall stand, Jagaban”, one year after you had contested and won the February 25, 2023 presidential election?
Of utmost concern is the disturbing silence of the Police, the DSS and other security agencies in the face of Wike’s supporters running amok. Rather, than live up to their constitutional billing, they seem to unwittingly nudge the people to resort to self-help. And while they continue in their ostrichism, the fire is being steadily stoked by the man who thinks Rivers State is his sole enterprise, and to balm his bruised ego could unleash the unimaginable.
It is however reassuring that Your Excellency is no stranger to Rivers politics and its combustive nature. As Dr. Peter Odili’s contemporary as governors, you were well abreast of what transpired in the state from 1999-2007. You were also a major player in the Amaechi-Wike debacle while the former was the occupant of Brick House. In fact, you were purported to have saved Amaechi’s skin from the Jonathans, when, in cahoots with Wike, they unleashed the federal might.
You saw Rivers State went upin flame from 2013-2019, all for Wike to succeed his Ikwerre brother as governor in a multi-ethnic state. You were also witnessto how thepolitically induced inferno incredibly extinguished itself as soon as Wike’s vaulting ambition was achieved. But while the carnage last, Rivers people lost their lives in their hundreds.
As governor, and for eight years, Wike ruled like a demigod, and the state, his footstool. He literally vetoed the constitution on Citizens’ Rights, Freedom of Speech, Freedom of Association, Procurement, and Social Justice. In fact, one of the lion-hearted among us aptly tagged the Wike-era as the years of the Rivers of Blood.
Your Excellency, there is no better way to say Rivers State is presently sitting on a keg of gunpowder, while drifting daily towards the precipice. And if something is not done urgently to avert a repetition of its recent ugly past, tomorrow may be too late.
I have personally bemoaned the lot of the Rivers man since the dawn of the fourth republic in my book: The Rivers Season of Insanity. I would spare you the details therein. However, it may interest Your Excellency to know that as a Rivers man; I have tremendous respect for you, just as I envy what you have made of Lagos State. I’m therefore genuinely bothered that Rivers State may just be the odd state out as you are set to replicate the Lagos wonder across the federation. Rivers State can only andtruly share in the Renewed Hope, if Wike is restrained from plunging it into another round of bloodletting.
Much as it is the truth, I hate to reiterate, that in all her abundance, Rivers State can only boast of the loudest and most vaulting chief executives ever, since 1999. The allure to graduate from Brick House to Aso Villa has become an elixir, which those we elect to govern have not been able to extricate themselves from. And to make a bad situation worse, it remains the only state in Nigeria that flaunts an obnoxious injunction that insulates her past and serving governors from the ethics of good governance, such as transparency, accountability and probity.
I have no doubt in my mind that you already saw through Wike and his antics. And it is only a matter of time before you reined him in. My concern however, is that it shouldn’t happen only after he must have thrust the state into another round of massacre. Need I say, that going by his claim, what Wike delivered in last year’s election were Rivers votes, not his votes.
Ask the Jonathans if their alliance with Wike was worth the trouble, given the benefit of hindsight, and your guess will be as good as mine.
In a nutshell,Your Excellency, Rivers State has had more than her fair share of bloodletting since 1999. It is against this backdrop that I most fervently pray that the blood of Dr. Marshall Harry, Chief A. K Dikkibo, Hon. Monday Ndor, Hon. Charles Nsiegbe, Amb. Ignatius Ajuru, Hon. Monday Eleanya, Barr. Ken Aswuete and several other victims of assassination be allowed to water the peace initiative and advocacy of the incumbent governor.
Finally, Your Excellency, in view of the above, it is my humble submission that the eight-point resolution be revisited with the hope that it guarantees sustainable peace and harmony in the Rivers polity.
“The time is always right to do what is right.”
-Martin Luther King Jr.
Thank you for time and consideration.
Yours Respectfully,
Caleb Emmanuel Fubara
Fubara hails from Opobo Town
Background
On Thursday, February 15, 2024 at its 109th Legislative sitting, the House passed into Law, the Rivers State House of Assembly Service Commission (Amendment) Bill, 2024. The Bill repealed the Rivers State House of Assembly Service Commission (Amendment) Law, No. 3 of 2006 and further amended the Rivers State House of Assembly Service Commission Law of 1999. The Bill was sent to the Governor for his assent and after the statutory 30 days, the House re-passed the Bill into Law on 22nd March, 2024.
The Rivers State House of Assembly Service Commission was established by the Rivers State House of Assembly Service Commission Law of 1999. Section 2 provides:
“The Commission shall comprise a Chairman and four other members who shall in the opinion of the Speaker be persons of unquestionable integrity.
“The Chairman and members of the Commission shall be appointed by the Rivers State House of Assembly acting on the advice and recommendation of the House Committee of Selection and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The above section was repealed by the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006. In Sections 2 and 3, the Amendment Law provides that:
S. 2 “Section 2 of the Principal Law is amended by repealing subsection (1) and substituting the following subsection:
“(1) The Commission shall comprise a Chairman and 4 (four) other members.
S. 3 “Section 2(2) of the Principal Law is amended by repealing subsection (2) and substituting the following subsection:
“(2) The Chairman and members of the Commission shall be appointed by the Governor subject to the confirmation by the House of Assembly and shall in making the appointment be guided by the geographical spread and diversity of the people of Rivers State.”
The import of the 2024 Amendment Bill passed into Law by the House is that the Governor will no longer have the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission and the power of appointment shall be vested in the House of Assembly.
Legal Issues
The first issue to consider is the Constitutional power of the Governor. Section 5(2) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the executive powers of the State shall be vested in the Governor of that State.” Further, Section 176(2) provides that: “The Governor of a State shall be the Chief Executive of that State.”
This follows that the Governor is the Chief Executive Officer of the State Government and by the powers vested on him, is responsible for making appointments into various executive bodies, subject to the provisions of the 1999 Constitution and other statutes. All Commissions and other parastatals are executive bodies under the control of the Governor. The House of Assembly Service Commission is an executive body and as such, the Chairman and members can only be appointed by the Governor. The House of Assembly has no powers to make any appointment into an executive body as no statutory body is under the control of the legislature. The Rivers State House of Assembly should not mistake the presence of the building of the Service Commission in its premises as conferring powers on the House to appoint the Chairman and members of the Commission.
The second issue to consider is the Constitutional alteration of 2023. In that alteration, the Third Schedule was amended to include State Houses of Assembly Service Commissions, which invariably follows that a State House of Assembly Commission is one of State bodies established by section 197 of the 1999 Constitution. Let’s be reminded that Section 198 of the 1999 Constitution gives the Governor the power of appointment into various executive bodies, subject to confirmation by a resolution of the House of Assembly of a State. The job of the Rivers State House of Assembly ends with the confirmation of the appointees.
The alteration to the Third Schedule, paragraph 1A provides that the composition, tenure, structure, finance, functions, powers, and other proceedings of the Commission shall be as prescribed by a law of the House of Assembly of the State. Notice that the appointment of the Chairman and members of the Commission is not listed. Therefore, it can be safely inferred that the power to appoint the Chairman and members of the House of Assembly Service Commission lies with the Governor, as is the case with the other bodies listed under Section 197 of the 1999 Constitution.
There is nothing in the Alteration that, by any stretch of imagination, can be inferred to confer the power of appointing the Chairman and members of the Rivers State House of Assembly Service Commission on the Rivers State House of Assembly, notwithstanding the fact that the law creating the Commission was enacted by the Rivers State House of Assembly.
Thirdly, is the Rivers State House of Assembly Service Commission and its staff under the control of the State Government? To answer this question, we will take our voyage to Section 318 of the 1999 Constitution. That section gives the definition of a Public Service of a State to mean: “the service of the state in any capacity in respect of the government of the state and includes service as: clerk or other staff of the House of Assembly; member of staff of the High Court, the Sharia Court of Appeal, the Customary Court of Appeal or other courts established for a state by the Constitution or by a law of a House of Assembly; member or staff of any Commission or authority established for the state by this Constitution or by a law of a House of Assembly; staff of any Local Government Council; staff of any statutory corporation established by a law of a House of Assembly; staff of any educational institution established or financed principally by a government of a State; and staff of any company or enterprise in which the government of a State or its agency holds controlling shares or interest.
The purport of this section is that the Assembly Service Commission is not an appendage of the legislature but under the control of the State Government. Even at the national level, the members of the National Assembly Service Commission are appointed by the President in collaboration with the National Assembly.
Fourthly, what is the position of the Rivers State House of Assembly Service Commission Law vis-à-vis the National Assembly Service Commission Act? Section 4(5) of the 1999 Constitution provides: “If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of inconsistency, be void.”
Further, in A.G Bendel v AG Federation & 22 Ors (1982) 3 NCLRI, the Supreme Court held per Fatayi Williams CJN (as he then was) “neither a State nor an individual can contract out of the provisions of the Constitution. The reason for this is that a contract to do a thing which cannot be done without a violation of the Law is void.”
The fifth issue is: “can a statute revive a repealed statute?” In the case of Idehen v University of Benin, Suit No FHC/B/CS/120/2001, delivered on 19th December, 2001, the court held that:
“Contrary to the contention of the University, the effect of a repealing statute is to erase the repealed statute from the statute book. When a statute is repealed, it ceases to exist and no longer forms part of the laws of the land. In other words, the effect of the repeal is to render the repealed statute dead and non-existent in law. Like a dead person, it cannot be revived.”
The court also held in Onagoruwa v IGP (1991) 75 N.W.L.R (pt. 193) 593 that in law, a non-existent statute is dead and cannot be saved or salvaged by the court.
In Madumere v Onuoha (1999) 8 NWLR (Pt. 615) Pg 422, the Court of Appeal held that:
“the effect of repealing a statute is to obliterate it completely from the records of the Parliament as if it had never been passed. Such a law is to be regarded legally as a law that never existed…This means in effect that when a statute is repealed, it ceases to be an existing law under the Constitution of the Federal Republic of Nigeria.”
For the purpose of reviving your memory, the provision giving the Governor the power to appoint the Chairman and members of the Rivers State House of Assembly Service Commission under the repealed 2006 Law provides in its opening paragraph:
“3. Section 2(2) of the Principal Law is amended by repealing section 2 and substituting the following section…” (emphasis mine).
Further, Section 6(1)(a) of the Interpretation Act provides:
“(1) The repeal of an enactment shall not revive anything not in force or existing at the time when the repeal takes effect.”
Please note that Section 318(4) of the 1999 Constitution provides that “The Interpretation Act shall apply for the purposes of interpreting the provisions of this Constitution.”
It follows from the above that the House cannot repeal Sections 2 and 3 of the Rivers State House of Assembly Service Commission (Amendment) Law No 3, 2006 to revive the already repealed provisions of the 1999 Law.
Conclusion
In conclusion, the Rivers State House of Assembly lacks the powers, legal or otherwise, to remove the power of appointment of the Chairman and members of the Rivers State House of Assembly Service Commission from the Governor and vest that power on themselves. The provision in the Rivers State House of Assembly Service Commission (Amendment) Law, 2024 seeking to vest that power on the House is in clear contravention of the 1999 Constitution, and therefore, a nullity in the eyes of the Law. See the case of MacFoy v UAC (1961) 3 All ER 1169 where the court held that you cannot put something on nothing and expect it to stand.
In that case, Lord Denning stated: “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of court to set it aside. It is automatically null and void without more ado, though it is sometimes more convenient to have the court declare it to be so. And every proceeding which is founded on it is also bad and incurably bad. You cannot put something on nothing and expect it to stay there. It will collapse.”
Rt Hon Ehie is Chief of Staff, Government House, Port Harcourt.
By: Edison Ehie