For The Record
Rivers ’ll Be Ideal Host For World Book Capital’
Executive Summary
In 2014, it will be a hundred years since the creation of Nigeria by the British colonial authorities. Nigeria has blossomed into a vibrant country with a rich heritage of literary traditions that have helped to shape it into a beacon among African nations. She has given the world the first person of African descent to win the Nobel Prize for literature, Wole Soyinka; the author of Africa’s most popular novel, Things Fall Apart, Chinua Achebe; and younger world-renowned writers such as Ben Okri, winner of the Booker Prize in 1991 and Chimamanda Ngozi Adichie, winner of the Orange Prize in 2007.
The city of Port Harcourt, significant for its multicultural inhabitants and its status as the hub of the oil-rich Niger Delta region, has come of age as a haven of culture and is fast making a name for itself as a major player in the global literary stage. Port Harcourt is home to the annual Garden City Literary Festival, which has been described by Thisday newspapers as ‘… arguably the biggest event of its kind in sub-Saharan Africa.’ The GCLF has been able to attract literary greats such as Kenya’s Ngugi was Thiong’o, Ghana’s Ama Atta Aidoo and Nigeria’s Wole Soyinka, Chinua Achebe, J. P. Clark and Sefi Atta. Guests of honours to the festival have included former Commonwealth Secretary-General Chief Emeka Anyaoku, as well as Reverend Jesse Jackson.
Port Harcourt is committed to becoming the first city in sub-Saharan Africa to serve as the World Book Capital. It would build on the legacy of its literary history and culture to expand its role and influence by attracting stakeholders in the publishing industry from across the continent to promote books and reading, meeting pressing development needs in Africa, in line with the United Nations Millennium Development Goal, Port Harcourt, as World Book Capital, would transform not just the Niger Delta region and Nigeria but also the rest of Africa. This is because of Nigeria’s strategic place in Africa as its most populous country as well as its economic, political and social leadership role on the continent. This bid proposes a rich variety of events to run through the World Book Capital year. It will include the scaling and strengthening of existing events in the city, as well as launching strategic activities that would ensure popular reach, accelerate the rate of literary promotion in the city and catalyze writers from across the region , the country and the continent. Again, we have an important ally in the governor of Rivers State, the Rt. Honourable Rotimi Amaechi, a literary enthusiast, who has committed to supporting a dynamic team, composed of literature experts and leaders from the private sector, civil society organisations, galvanized by the Rainbow Book Club, to drive the activities for 2014. This team will work collaboratively to enable effective management and governance of the activities for the year with special attention to transparency and accountability. In addition, the Committee will develop tools for measuring and evaluating the impact of the programmes and ensuring sustainability of all the programmes beyond 2014.
‘Books: Window to our World of Possibilities,’ will serve as the theme that will drive the 2014 activities in Port Harcourt. This captures the simple but powerful concept that the act of reading books provides knowledge and exposure, allowing the reader to be transported to new worlds, introduced to new concepts and ideas and invariably transformed. Enlightened, individuals are then empowered to protect their democracy, promote social justice and contribute towards the development and advancement of their communities and societies.
Welcome To Port Harcourt
Fondly referred to as the Garden City, Harcourt was created in 1912 as a shipping hub. It gained influence following the discovery of oil in nearby Oloibiri, and is currently the nerve centre of the Niger Delta region, which is home to 98 per cent of Nigeria’s oil reserves.
Beyond its economic importance, Port Harcourt has served as a haven for authors and is the home of renowned writes such as Ken Saro-Wiwa, Elechi Amadi, Gabriel Okara, Ola Rotimi and Kaine Agary. The annual Garden City Literary Festival and Garden City Book Fair has attracted the participation of literary greats such as Nigeria’s Wole Soyinka, Chinua Achebe and J. P. Clark, Kenya’s Ngugi wa Thiong’o, Ghana’s Ama Atta Aidoo and, best of all, the people of Port Harcourt have embraced literature with an exciting annual calendar of book signings, author readings, literary circles and programmes for young people.
Location And Origins
Port Harcourt is the capital of Rivers State in Southern Nigeria. It was named after Lewis Harcourt, a British Colonial Secretary, and the city has served two significant historical roles – as a centre point for British military operations in World War I and as an outpost for transporting coal from Nigeria to Europe and further a field. After Nigeria gained independence, Port Harcourt became the most prosperous city in the Eastern area of Nigeria because of the exportation of oil from its shores.
A Symbol of The Struggle for Sustainable Development
Over the past forty years, Port Harcourt has emerged to symbolize the struggle for equitable and sustainable development. It played a key role in the political unrest of the Niger Delta, a region that has historically been characterised by significant inequalities. In spite of the fact that the bulk of Nigeria’s oil exports originate from the area, it has suffered from decades of underdevelopment and water and air pollution resulting from rampant oil spills and continued gas flaring, which has destroyed the local environment and decimated the livelihoods of rural dwellers – resulting in high unemployment among the youth.
This situation led to the emergence of activists, the vast majority of whom were young Nigerians, striving for a share of the country’s oil wealth. Peaceful at first, their demands for equitable development eventually turned violent, with attacks on the infrastructure of the leading oil companies in the region.
In recent years, however, there has been a major breakthrough. Through the Federal Government of Nigeria’s Amnesty Programme, thousands of militant youths have surrendered their weapons in exchange for amnesty, rehabilitation and training in vocational skills. In addition, under the visionary leadership of the current governor of Rivers State, the Right Honourable Rotimi Amaechi, peace and stability have returned to Port Harcourt. Today, Port Harcourt is a bustling metropolis and is home to multinationals, international nonprofits, vibrant markets, universities, hotels and a very active arts and culture scene.
Port Harcourt As World Book Capital 2014
Port Harcourt, the capital city of Rivers State in Nigeria, West Africa, will serve as an ideal host for the 2014 World Book Capital for several reasons:
– Nigeria’s great literary tradition which has enriched global book culture, and can serve as a driving force for a new literary ‘renaissance’ in Africa. Nigeria has given the world some great writers such as Wole Soyinka, the first person of African descent to win the Nobel Prize for Literature, Chinua Achebe, author of the most widely read book by an African, Things Fall apart, and other world-renowned writers such as Ken Saro-Wiwa, Chimamanda Ngozi Adichie, Ben Okri and Elechi Amadi. Port Harcourt, as the World Book Capital, will not only highlight the past achievements of this region but will also enrich the current learning climate towards an event greater era of literature.
– Nigeria has a population of about 155 million people. With approximately 800 million people living in sub-Saharan Africa, this means 1 out of 5 Africans is a Nigerian. In addition, 70% of Nigeria’s population are under the age of 35. As a result, by serving as the host for the World Book Capital, with a focus on youth, Port Harcourt shall demonstrate what is possible in the African context. This positive step towards meeting a pressing development need amongst the world’s illiterate population would have a ripple effect in other areas like the HIV/Aids awareness, in line with the United Nations Millennium Develoment Goal. More specifically, it will galvanize stakeholders to address the wide array of challenges that confront the African book and reading culture which include low school enrolment, high levels of literacy and limited availability of books. We believe that once the young people of Nigeria are empowered through reading, they can act as an army of change agents not only in Nigeria, but across the African continent.
– Port Harcourt has a long history in literary traditions and has served as a haven for writers for decades. Port Harcourt in the 70s had a vibrant cultural centre in the Old Port Harcourt Town that provided entertainment and education through plays directed by the likes of Comish Ekiye with an illustrious cast that included actors such as Doye Agama, Barbara Soki and Aso Douglas. Some of the early renowned educational institutes in Nigeria such as the Okrika Grammar School and the Archdeacon Crowther Memorial Girls Secondary School were very active in promoting literature in the city. Today, Port Harcourt hosts the annual Garden City Literary Festival, along with other literary events over the course of the year and is home to diverse groups of authorities, including the novelist Elechi amadi and poet Gabriel Okara, as well as renowned historians such as Robin Horton and E. J. Alagoa. Also of note is the fact that Port Harcourt represents the rich duality of Nigerian and African literary cultures; the legacy of colonialism and its impact on language, culture and society and the heritage of triumph in the struggle for equity, peace and justice.
– With a focus on children and the youth, a wide variety of programmes are planned that would run through the World Book Capital City 2014-2015 year. The year would kick off with a week-long run of activities in which the President of Nigeria would be in attendance, to create awareness. This would be followed by a calendar of weekly and monthly events. Also, important dates in the annual calendar would be used to draw attention to the World Book Capital progamme. Key on this calendar would be the annual Garden City Literary Festival, which would then be in its 7th year. The proposed events have been arranged to draw in participation from various sectors of society including the popular music, film and sports sector, as well as civil society and grassroots organizations, schools, the public and the private sector.
– Consultations across various stakeholders including writers and publishers associations, government agencies and literary enthusiasts have garnered significant support for the hosting of the World Book Capital in Port Harcourt. In addition, the governor of Rivers State, himself a literary enthusiast, has constituted a dynamic team, which includes private sector and civil society organizations, galvanized by Rainbow Book Club, who will drive the activities for 2014. This team will generate financial support that will enable it effectively cover all the costs associated with the programmes for 2014.
World Book Capital Activities For 2014
Opening Events
The year-long celebration will kick-off on April 23, 2014 with a week of activities to include:
– Theme Song Competition: children and young people will be asked to write and submit songs from which one will be chosen as the theme song of theyear. This song will be performed by popular Nigerian artists at the opening ceremony.
– The opening of the multi-purpose Garden City Library Complex: the facility, which would contain a bookshop selling books at discount prices, a library, and a theatre, is planned as a literary hub for the city.
A national symposium on the topic ‘Books: Windows to the World’: this forum will bring together stakeholders in hte book chain industry to discuss the future of reading, literacy and literary culture in Nigeria. the Rivers State Governor will lead stakeholders in this discussion on the importance of literacy and literature in unlocking the potential of the natipon’s youth.
– A Book Reading and Youth Discussion Group: Nigeria’s President, Dr. Goodluck Jonathan, will be invited to read and excerpt from a classic Nigerian novel to children. The President recently led a national reading campaign tagged ‘Bring Back the Book’, and his involvement will encouragement more young people to read and write.
– Along Came the Book’: an exciting drama performance that will trace the history of books and the reading culture in Nigeria. This colourful show will feature live performances of praise singing, storytelling, traditional poetry, drances, and other forms of arts. It will show the evolution to the modern counterpart of ‘the spoken word’ which is celebrated first in African-American and other contemporary literary culture. This will transform into the era of the physical book and culminate in the digital book.
– Celebrities Love to Read’: at strategic locations across the city of Port Harcourt, authors and poets, celebrities from popular industry such as film, music, sports, ass well as the business communities will read to children in schools and libraries, with the aim of igniting a passion for books and reading. Also, because of their celebrity status, these participants will attract some media attention, thus generating good publicity for the World Book Capital.
To be continued
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