Politics
Rivers: The Gathering Storm
Since the rumour that
Governor Rotimi Amaechi of Rivers State is nursing an ambition to be the next vice president to a northern presidential candidate in 2015 started circulating, many disturbing developments have occurred.
Whether this rumoured ambition is true or not, it is totally irrelevant. The truth is that every Nigerian over the age of 40 is entitled to aspire to be president or vice president of Nigeria. This constitutional entitlement is not in any way qualified by the party or zonal relationship between an incumbent president and the aspirant. That is why the series of unfortunate events that have occurred in Rivers State since the so-called aspiration was published are most disturbing, ominous and dangerous.
The publication in- various newspapers in the last few weeks have disclosed that the following disturbing events have occurred:
1. The grounding of the official private jet of the Rivers State Government: intended apparently to cripple the Rivers State governor’s movements around the country.
2. Prevention, by police of the state House of Assembly from functioning.
3. Escorting some suspended members of the House of Assembly accompanied by hoodlums masquerading as protesters by the police with the apparent intention of initiating impeachment action.
4. Prevention of the Caretaker Committee of a local government council from functioning.
5. The withdrawal of the security details of the Speaker of the state House of Assembly.
6. The threatened withdrawal of the security detail of the governor himself.
What all these events establish is that neither democracy nor federalism is functioning properly in Nigeria. Any Nigerian, more so, a high official like a governor, is entitled to have presidential ambition. It is his constitutional and democratic right.
To lay a siege on him and his state because of the rumour of vice presidential interest is a major assault on our so-called democracy. The sort of events that have been occurring recently in Rivers State have a threatening and intimidating effect and are unworthy of any society governed by the rule of law. When any Nigerian is threatened and his environment surrounded by the sort of dark clouds and storms being witnessed in Rivers State, it is democracy and democratic rights in the whole country that are endangered.
The above developments have also demonstrated the fact that Nigeria is not a federation, but merely a unitary state pretending to be one.
In a federation, both the Federal Government and the federating units are autonomous and independent of each other. This has been stated again and again by both national and international authorities, including our own Supreme Court. As Wheare put it, “the fundamental and distinguishing characteristic of a federal system is that neither the central nor the regional governments are sub-ordinate to each other, but rather, the two are co-ordinate and independent”. In short, in a federal system, there is no hierarchy of authorities, with the central government sitting on top of the others. All governments have a horizontal relationship with each other.” (Wheare, Federal Government, 4th Ed … OUP, 1963).
According to Professor B. O Nwabueze: “Federalism, therefore, may be described as an arrangement whereby powers within a multi-national country are shared between a federal or central authority and a number of regionalised governments in such a way that each unit including the central authority exists as a government separately and independently from the others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the ‘conduct of affairs and with an authority in some matters exclusive of all others. In a federation, each government enjoys autonomy, a separate existence and independence of the control of any other government. Each government exists, not as an appendage of another government (e.g. of-the federal or central government) but as an autonomous entity in the sense of being able to exercise its own will on the conduct of its affairs free from direction by any government.
Thus, the Central government on the one hand and the State governments on the other hand are autonomous in their respective spheres.” (Nwabueze, Federalism in Nigeria under the Presidential Constitution, Sweet & Maxwell, 1983, p.2.)
In Attorney-General of Lagos State v Attorney-General of the Federation [2003] 6 SC Pt. 1, p.24 at pages 35 and 57, Uwaifo JSC explained the nature of a federation lucidly as follows: “But I do not need to repeat that Nigeria operates a federal system of government. Section.,2(2) of the 1999 Constitution reenacts the doctrine of federalism.
This ensures the autonomy of each government. None of the governments is subordinate to the other. This is particularly of relevance between the State Governments and the Federal.
Government, each being, as said by Nwabueze in his book, The Presidential’ Constitution of Nigeria…pages 39-42, an autonomous entity in the sense of being able to exercise its own will in the conduct of its affairs within the Constitution, free from direction by another government. I think it is significant that shortly before and since the independence of Nigeria in 1960, all the Constitutions that have been enacted have taken the pattern of federalism. Under this system, each tier of government has its legislative competence or functions conferred on it as the case maybe”.
In conclusion, Uwaifo JSC stated thus: “it is a non-controversial political philosophy that the Federal Government does not exercise supervisory authority over the state governments.” (at p.60).
From what has been happening in recent weeks in Rivers State, it is clear that if every state has its own Police Service, there will be no need for the Federal Police to provide security for state authorities and agencies.
Therefore, to the extent that states do not have their own police forces, our federalism remains incomplete and underdeveloped. The National Assembly, therefore, has a lot of re-thinking to do about the present attempt to amend the Constitution.
What it has done so far, is, in fact, a perverse movement towards more centralism and unitarism and that is contrary to the interest of an enduring Federal Republic of Nigeria.
It is now obvious that there is need to look at our constitutional provisions in order to restructure them for the achievement of true federalism, in which states and their governors will be able to assert their autonomy and independence from the Federal Government. The current events in Rivers State are ominous and do not portend well for the future of the Federal Republic.
Sagay is a Senior Advocate of Nigeria (SAN).
Culled from Sunday Vanguard, May 19, 2013.
Prof Itse Sagay
The Tide source reports that Prof. Akinoso was elected alongside 38 other executive members of the party at the congress held on Saturday.
Other executive members are Dr Abiola Olaonipekun, who emerged as Secretary, Alhaja Latifah Latifu, Women Leader and Mr A. Adeleke, elected as Youth Leader.
It was learnt that the congress, which took place at the Obafemi Awolowo Stadium, Oke Ado in Ibadan, was attended by representatives of the Independent National Electoral Commission (INEC), the Police, other security agencies and prominent members of the party.
The election was supervised by electoral committee members, among whom were Prince Diran Odeyemi, who served as Chairman, Hon. Awoniyi Tolulope, Mr Babatunde Gbadamosi, Queen Stepheine Oyechere, Alhaji Yusuf Abidakun, Mr Olumide Aguda and Dr Phillips Adeniyi, who served as Secretary.
Prof. Akinoso, in his inaugural address, urged members of the party to set aside intra-party differences.
He advised them to concentrate their resources on the promotion of the party, saying, “The primary responsibilities of party executive members are to coordinate party activities, ensure harmony among members, and ensure party victory during general elections.
“Our immediate assignments are to key into INEC released 2027 general election time-tables. As directed by the National Caretaker Committee of PDP, our party e-membership registration starts next week. We must be fully involved and do a membership drive.
“A political party is only relevant and benefits its members if it wins the election. This is our goal. We should set aside intra-party differences; concentrate our resources towards the promotion of the party. We will make necessary consultations and dialogue to actualise this”.
President Tinubu disclosed this during an interfaith breaking of fast with senior journalists and media executives at the Presidential Villa in Abuja on Saturday.
He also disclosed that his administration had opened up on the principles of true federalism to the extent that local governments now get direct allocation from the Federal Government.
“There’s no morning that I ever leave my house without going through the newspapers. It’s an addiction. I read all of you.
“It might not be in full detail, but headline, the one that would hit me and the ones that won’t.
“At the beginning of this administration, I was just a little bit stubborn, looking at opportunities to correct things and make life more easier for the downtrodden.
“We’ve opened up the principle of federalism to the extent that local governments are now getting their money, but how they use it is in your hands. So, don’t bombard me alone,” President Tinubu said.
The ruling party said the ADC had turned criticism of the APC-led administration into its operating manifesto instead of presenting concrete solutions to Nigeria’s economic challenges.
In a statement issued on Saturday by the APC National Publicity Secretary, Mr Felix Morka, the party dismissed the ADC’s interpretation of a report presented at a policy dialogue organised by Agora Policy which suggested that the country’s poverty rate had risen from 49 per cent to 63 per cent.
Mr Morka said the opposition party’s reaction to the report as a “damning verdict” on the government’s economic policies reflected either ignorance of economic realities or deliberate political mischief.
“The African Democratic Congress’ attempt to spin a recent report presented at the Agora Policy dialogue indicating a rise of poverty rate of 63 per cent from 49 per cent as a damning verdict on this administration’s economic policies speaks either to its shocking ignorance of economic policy or its wilful blindness to the justification for, and transformative impacts of, ongoing economic reforms,” he said.
The APC spokesman noted that the report itself recognised the necessity of reforms aimed at correcting long-standing structural distortions in the economy.
According to him, the ADC had failed to present any credible alternative policy direction for Nigerians.
“Clearly, the ADC does not recognise itself as a political party. The ADC has not articulated a single alternative policy position or prescription of benefit to Nigerians. Condemning the APC and its policies has become its operating manifesto,” Mr Morka said.
He explained that major economic decisions taken by President Bola Tinubu, including the removal of fuel subsidy and the unification of multiple foreign exchange windows, were necessary steps to rescue the country’s economy from collapse.
Mr Morka said the subsidy regime had for years placed a heavy burden on public finances, consuming trillions of naira annually while encouraging corruption, fuel smuggling and inefficiencies in the system.
He added that the reforms had helped redirect national resources to key sectors such as infrastructure, healthcare, education and social development.
The APC spokesman acknowledged that economic reforms often come with short-term hardship but stressed that the measures were essential to build a stronger and more resilient economy.
“Economic reform is never cost-free anywhere in the world. The transient hardship experienced by Nigerians was an inevitable cost of reforms meant to build and guarantee a better future for all Nigerians,” he said.
Mr Morka maintained that the country’s economic outlook was already improving, citing recent growth figures and stronger external reserves.
“Our economy has rebounded and is expanding steadily. The country’s Gross Domestic Product grew by 4.4 per cent last year and is projected to expand by 5.5 per cent this fiscal year, with foreign reserves now exceeding $50 billion,” he stated.
He also pointed to government initiatives designed to cushion the effects of economic adjustments on citizens, including cash transfer programmes, student loan schemes and the rollout of compressed natural gas (CNG) initiatives to reduce transportation costs.
Mr Morka reaffirmed that the APC-led administration would remain focused on rebuilding the economy and expanding social investments to support vulnerable Nigerians.
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