For The Record
We Have A Duty To Protect, Promote Our Country – Jonathan
Being a text of the broadcast by President Goodluck Jonathan to commemorate this year’s May Day on Tuesday, May 29, 2012.
Fellow Nigerians,
One year ago, I was privi-leged to stand before you, to take the oath of office as President of our dear country, the third to serve you as President since the return to democratic rule in 1999. Today, I remember that day and the processes leading to it with profound gratitude to God Almighty and to all Nigerians who have worked very hard to enrich our journey from military dictatorship to inclusive democratic governance.
For the past 13 years, we have remained a stable democracy. We have together demonstrated that the government of the people is an ideal that the people of Nigeria cherish. We have our differences as individuals and as politicians, but we have shown great faith in democracy and its institutions. We have refused to be limited by our differences. Despite reservations about some of our institutions, we have refused to submit to despair. This achievement is a testament to the courage and optimism of the Nigerian people.
3. As we celebrate this year’s Democracy Day, I pay tribute to all the men and women who have made our democratic experience meaningful: the ordinary people who resisted military rule, and have remained resolute in their embrace of democracy; the army of Nigerian voters who, at every election season, troop out in large numbers to exercise their right of franchise; the change agents in civil society who have remained ever watchful and vigilant.
4. I pay special tribute also to all patriots who are the pillars of our collective journey, most especially, our armed forces who have steadfastly subordinated themselves to civil authority in the past 13 years. They have continued to demonstrate a great sense of professionalism. They have discharged their duties to the nation with honour and valour. In a sub-region that has witnessed instances of political instability, authored by restless soldiers, the Nigerian Armed Forces have remained professional in their support of democracy.
5. When General Abdusalami Abubakar handed over the baton of authority to President Olusegun Obasanjo, in 1999, it was a turning point for Nigeria. We did not arrive at that turning point by accident. Many Nigerians laid down their lives for the transition to democracy to occur. Some were jailed. Media houses were attacked and shut down. But the people’s resolve was firm and unshakeable. This is what we remember. This is what we celebrate. On this day, I recall especially the martyrdom of Chief M. K. O. Abiola, whose presumed victory in the 1993 Presidential election, and death, while in custody, proved to be the catalyst for the people’s pro-democracy uprising. The greatest tribute that we can pay to him, and other departed heroes of Nigeria’s democracy, is to ensure that we continue to sustain and consolidate our democratic institutions and processes, and keep Hope alive.
6. Let us individually and collectively, continue to keep the spirit of this day alive. No task is more important. We must continue to do well as a people and as a democracy. We must remember where we are coming from, so we can appreciate how far we have travelled.
7. When I assumed office as Acting President, in 2010, on account of the health challenges suffered by late President Umaru Musa Yar’Adua, there was so much anxiety in the land. The tone of public debate was febrile. Some persons sought to use the situation in the country to sow the seeds of discord. My primary task at that time was to do all that was humanly possible to ensure stability within the polity. With the support and commitment of patriotic Nigerians from all walks of life, and the grace of the Almighty God, we were able to do so.
8. On May 6, 2010, following President Yar’Adua’s death, I assumed office as substantive President. I subsequently presented myself as a candidate for the 2011 Presidential elections, with a promise that under my watch, the elections would be free, fair and credible. We kept faith with that promise. On May 29, 2011, I was sworn in as President, the fifth elected leader of Nigeria since independence. The success of the 2011 elections and the international acclaim that it generated was due to your patriotic zeal and commitment. I will like to seize this opportunity to thank all patriotic Nigerians who stood by us, and have remained unwavering in their support. These Nigerians understand one thing: that we all have a duty to protect and promote our country, and that this country belongs to all of us. Electoral contest is about values. We must not lose sight of those values that strengthen us as a people. As long as I am President, I will do my utmost to continue to work hard in pursuit of the common good.
9. There are challenges, yes, but we are working hard to address those challenges. And, by God’s grace, we will succeed. My confidence is bolstered by the results which we have achieved in different sectors within the last twelve months.
10. Our democracy is stable. Its foundation is strong and firm. Its future is bright. Last year, I had spoken about the policy of “one man one vote, one woman, one vote, one youth, one vote”. I am glad to see that the Nigerian people in all elections have continued to respect the principle of fair play. Since this administration came into office, we have gone to great lengths to strengthen our democratic institutions, particularly the Independent National Electoral Commission. There are still persons who believe that elections should be violent and unhealthy, but they are in the minority. They will not derail our democracy because the majority of Nigerians will not allow them to do so.
11. Following the spate of violence, in some parts of the country, after the 2011 elections, our administration set up a committee on post-election violence to among other things, investigate the causes and nature of electoral violence and make appropriate recommendations. We will be guided by the White Paper, on that committee’s report, in dealing more firmly with electoral violence and fraud. This will include the establishment of Electoral Offences Tribunals to deal speedily with established cases of electoral violence. We cannot afford to treat the success we have recorded with our democratic experience with levity. Electoral reform is central to our administration’s transformation agenda. I urge all political parties to embrace this reform.
12. Our successful elections, last year, opened new vistas for Nigeria’s foreign policy. More than ever before, Nigeria’s achievements have generated a lot of international goodwill and recognition. We have continued to build on this by further showing leadership in the sub-region and the African continent. Under my watch as Chairman of the sub-regional body, ECOWAS, and subsequently, Nigeria was in the forefront of the efforts to ensure democratic stability in Niger, Mali, Guinea Bissau, and particularly at a critical moment in Cote d’Ivoire. Our foreign policy process has proven to be dynamic and pro-active. Nigeria’s place is secure among many friends in the comity of nations. We are building on that friendship to open up opportunities for foreign investments in the Nigerian economy and to provide necessary support for the vibrant community of Nigerians in the Diaspora.
13. We will continue to work hard, to turn domestic successes into a source of motivation for greater achievements in the international arena. We are fully aware that it is only when our people are happy and confident that they would be in a good position to walk tall in relating with others.
14. Today, I want to talk about what we are doing and what we have done. I want to reassure you that we are making progress. But we can also do a lot more. We must. And we will.
15. Our economic outlook is positive. When I assumed office last year, there were still fears about the impact of the global economic recession, and implications for investments. Many Nigerians were worried about the growing rate of unemployment. In order to set Nigeria on a sound and sustainable path toward economic growth, this administration unveiled a set of priority policies, programmes, and projects encapsulated in the Transformation Agenda. These programmes and policies are aimed at consolidating our budget, fostering job creation, engendering private sector-led inclusive growth, and creating an enabling environment for businesses to thrive for the ultimate betterment of the lives of Nigerians.
16. Today, progress has been made. The country’s credit rating is positive, in contrast with many nations being downgraded. In 2011, our economy grew by 7.45%. As at mid-May 2012, our foreign exchange reserves had risen to $37.02 billion, the highest level in 21 months. We have stabilized and improved our fiscal regime. We brought the fiscal deficit down to 2. 85% of GDP from 2.9% in 2011. We reduced recurrent expenditures from 74% to 71% and reduced domestic borrowing from N852 billion in 2011 to N744 billion in 2012. We cut out over N100 billion of non-essential expenditure and increased our internally generated revenue from N200 billion to N467 billion.
17. For the first time in over a decade, we now have a draft Trade Policy which provides a multi-dimensional framework to boost our trade regime and facilitate the inflow of investments. We have generated over N6. 6 trillion worth of investment commitments. The total value of our trade is also much higher than the value estimated the previous year due to deliberate government policies. To facilitate the ease of doing business in Nigeria, we have a policy in place to make visa procurement easier for foreign investors, with safeguards to prevent abuse.
18. The goal of our administration is to ensure that every Nigerian can find gainful employment. Given my dissatisfaction with the prevailing unemployment situation in the country, our administration has embarked on an ambitious strategy of creating jobs and job-creators through the launch of several initiatives mainly targeted at the youths and women.
19. In October 2011, we launched the Youth Enterprise with Innovation in Nigeria Programme, designed to encourage entrepreneurship and provide grants for small and medium scale enterprises. Over 1, 200 Nigerian youths have benefitted from this initiative. We have also launched the Public Works Women and Youth Empowerment Programme, which is designed to employ 370, 000 youths per annum, with 30% of the jobs specially reserved for women. Let me make it clear here that our YouWIN programme is designed to nurture and mentor young entrepreneurs to become major players, employers and wealth creators in business.
20. We are gradually reducing the footprints of government in business activities through privatization, liberalization and deregulation based on our recognition that the private sector should be the engine of growth in our economy. To ensure that the private sector is well positioned for this task, our administration has embarked on key structural reforms in the Power Sector and at the Ports.
21. To improve reliable power supply, our administration is judiciously implementing the Power Sector Roadmap, which is at an advanced stage, to fully privatize power generation and distribution while reducing the cost of electricity to rural households and the urban poor.
22. The commitment of this Administration to the provision of regular and uninterrupted power supply remains strong and unwavering. We all agree that adequate and regular power supply will be the significant trigger to enhance this nation’s productive capacity and accelerate growth. It is for this reason that I remain optimistic that the reforms we have initiated, the decisions we have taken so far and the plans we intend to faithfully prosecute will yield the desired results.
23. To underline this commitment, three weeks ago, I convened a special session on Power and gave specific instructions on the fast tracking of gas production and delivery to ensure improved availability of power. I also directed that the power sector reforms must continue on schedule and that privatization of the sector must be completed according to plan.
24. Our approach is two-pronged: First, is the immediate repair of power plants, as well as transmission and distribution infrastructure in the short term. The second is the building of institutions and the provision of enablers to attract investors. We have revived and are accelerating the completion of the National Integrated Power Projects. We are also building about 4000km of transmission lines and hundreds of substations. We have completed the design for the construction of both Mambilla and Zungeru Hydro power plants which will add about 3, 000 MW to the national grid.
25. By mid 2010, the national power output was about 2, 800 MW. By the end of 2011, we reached a peak of more than 4, 000 MW. A National Gas Emergency Plan has also been launched to redress the problem of gas supply which arose essentially due to poor planning.
26. For long-term power availability, we have strengthened a number of key institutions such as the Nigerian Electricity Regulatory Commission, the Bulk Trader, the National Power Training Institute of Nigeria, and others. We are also working with the World Bank to provide guarantees for gas and power providers. The signing of MOUs with World Leaders in power equipment – General Electric of USA and Siemens of Germany as well as US and China Exim Banks for financial investment, is a clear indication of the level of confidence which the world investment community has in our power sector road map.
27. In addition, the privatisation programme has attracted expression of interest from 131 companies across the globe. Our decision to bring in the private sector is clearly intended to achieve our target of generating and distributing sufficient and reliable power within the shortest time possible. With the measures we have put in place, we will surely achieve success in transforming the power sector.
28. We have also focused our efforts on Ports and Customs reforms to ensure efficiency in the handling of ports and port-related businesses. Our administration has streamlined bureaucratic activities at the Ports by reducing the number of agencies from 14 to 7. We have also reduced the time for the clearance of goods from about a month, to seven days, with the long-term objective of ensuring that cargoes are cleared within 48 hours in line with international best practice. In the meantime, our ports, for the first time, now open for business for 24 hours.
29. In the Oil and Gas Sector, our Administration has charted a new course that will ensure enduring transparency and accountability. We are re-drafting the Petroleum Industry Bill (PIB) to ensure it meets the aspirations of all Stakeholders given the current realities and future expectations in the global energy landscape. Work on the PIB will be concluded in June 2012 and formally submitted to the National Assembly. Additionally, Special Task Forces dealing with Governance and Control, Petroleum Revenue and National refineries are finalizing their work to ensure probity across the oil and gas sector, and self-sufficiency in refined petroleum products.
30. In the Downstream Sector, the Nigerian Content Development Act, since inception in 2010, has boosted the local production of line pipes, in-country fabrication tonnage and engineering support services. As a result, retained in-country spend has grown from approximately US $1bn to a current estimate of US$4bn, and over US$3 billion Foreign Direct Investment has been brought in for upgrading and building new yards, altogether generating over 120,000 direct and indirect jobs.
31. Capacity utilization of existing domestic refineries has greatly improved from 30 to 60 percent. We have commenced the phased plan to return the refineries to 90 percent capacity utilization with the expected completion of the rehabilitation of Port Harcourt refinery by the end of 2012, to be followed by Warri and Kaduna refineries in 2013.
32. In the Upstream Sector, the April 2012 commissioning of the Usan Deep Offshore Field has increased crude oil production capacity by 180 thousand barrels per day. Also, Government continues to support the National Oil Company, NPDC, by assigning 55% equity in 8 divested blocks which has resulted in increase in reserves from 350 million barrels to 2.1 billion barrels and 160, 000 barrels of production. We have also made significant progress in gas infrastructure development, investing close to US$1bn for the construction of some 1000 km of pipelines, gas supply growth and stimulation of gas industrialization. Between now and the third quarter of 2013, Final Investment Decisions (FIDs) will be made on gas-based industries, such as the petrochemicals and fertilizer plants at Koko, the Central Processing Units (CPF) in Obiafu/Obrikom, and the gas growth projects. Also, the sum of N11 billion is provided in the 2012 Budget for Hydro-Carbon exploration in the Lake Chad Basin.
33. The Gas Revolution initiative will fully support and sustain domestic power, whilst creating Africa’s largest gas based industrial park, which on completion will underpin the creation of over a million jobs and attract over US$16 billion in Foreign Direct Investment. To protect the gains of these initiatives for all Nigerians, we are aggressively addressing the increasing incidents of crude oil theft and other criminal activities in the sector.
34. As a deliberate move, our goal is to transform Nigeria from a mono-modal economy, to a diversified one. The sector that we are focusing on to diversify our economy – and one in which Nigeria has huge comparative advantage – is the agriculture sector. Agriculture accounts for about 40% of our GDP and over 70% of all employment. Increases in agricultural productivity will drive down rural poverty and revive our rural economy.
35. In this regard, we are aggressively pursuing an agricultural transformation agenda. Agriculture is no longer a development programme. We are now treating agriculture as a business, one that can generate wealth and create jobs for millions of our youths.
36. We have implemented major reforms in the sector, notably in the fertilizer sub-sector. We have ended the practice of Federal Government procurement and distribution of fertilizers. This we did because only 11% of farmers get the fertilizers that are bought and distributed by government. The old system encouraged rent seekers to collude and deprive farmers of access to fertilizers, while some of the fertilizers ended up with political farmers and in neighbouring countries.
37. Now, the procurement and commercialization of fertilizers and seeds have been fully deregulated to the private sector. We have ended the culture of corruption in fertilizer procurement. We must also end the era of food imports. Nigeria spends over 10 billion dollars every year importing wheat, rice, sugar and fish alone. This is unacceptable.
38. Our agricultural transformation agenda is directed at promoting local production, substituting for imported foods, and adding value to our locally produced crops. We are recording successes already. Government’s policy to ensure rice self-sufficiency by 2015 is already paying off. New rice mills are being established by the private sector to mill locally produced rice. Ebony Agro Industries located in Ikwo Local Government Area of Ebonyi State has rolled out its high quality parboiled rice. In Kano, Umza rice mill has taken off and can hardly meet demand, while in Benue State Ashi rice has hit the market. Consumers are buying more of Abakaliki and Ofada rice too.
39. To further accelerate the local production and milling of high quality rice, government is facilitating the import and installation of 100 new large scale integrated rice mills across the country. This will allow Nigeria, for the first time in its history, to have the capacity to mill all of the rice that we consume.
40. Our cassava policy is working, as we accelerate the pace of utilization of cassava to create markets for millions of our farmers. Our goal is a bold one: we will make Nigeria, which is the largest producer of cassava in the world, to also become the largest processor of high value cassava products in the world.
41. To further encourage cassava utilization and value-added products, government will support corporate bakers and master bakers across the country to use high quality cassava flour for baking. Last year I announced an increase in tariff and levy on wheat. To encourage the cassava flour inclusion policy, I now direct that part of the levy and tariff on wheat be set aside to support the promotion of high quality cassava flour and composite cassava bread. This will include support for needed enzymes, technical training and equipment for corporate bakers and master bakers, as well as accelerated cassava production.
42. We have also secured markets for cassava outside Nigeria, and for the first time ever, Nigeria will export this year 1 million metric tons of dried cassava chips to China. This will earn Nigeria 136 million US dollars in foreign exchange. Last week we also successfully started the commercial use of feed grade cassava grits, produced locally, for use in our poultry industry.
43. We are reviving our lost glory in cocoa, with massive distribution of 3.6 million pods of high-yielding cocoa varieties for farmers all across the cocoa growing states of the country. The pods will be provided free of charge. We are reviving cotton production in the North, as well. I have directed that all seeds for cotton should be provided, free of charge, to all cotton farmers.
44. Let me reiterate my personal passion and commitment to driving the agricultural transformation for Nigeria. The prosperity of Nigeria must start with improving the living standards of our farmers, and revitalizing rural economies across the nation. The newly inaugurated Agricultural Transformation Implementation Council, which I personally Chair, will further drive our continued revolution of the sector. Our goal is to add 20 million metric tons of food to our domestic food supply by 2015 and create 3.5 million jobs. To achieve this, the appropriate infrastructure to support all-year round farming through irrigation is being rehabilitated and developed across the country.
45. We must use our population to create markets for what we produce. We must grow local, buy local and eat local. To promote this, I have directed that all official functions of government serve local foods, especially our local rice and cassava bread and other foods. In the State House, I am faithfully keeping to my promise of eating cassava bread and local rice.
46. Our administration is committed to the rapid and beneficial development of our country’s Minerals and metals potential. In the last year, we recorded remarkable achievements in Mines and Steel Development. We increased the number of investors in the mining sector due to the transparent manner in which titles are now issued on a “first come-first served and use it or lose it basis.” A total of 2,476 active mineral titles were issued compared to 666 titles issued out in the previous year, thereby reducing, significantly, illegal mining activities. About 350, 000 additional jobs were created, arising from the activities of newly registered operators.
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