For The Record
March 28: Nigerians To Vote Continuity Of Failure Or Elect Progressive Change -Buhari
Being the speech delivered by the All Progressives Congress (APC) presidential candidate, Gen Muhammadu Buhari, at the Royal Institute of International Affairs, Chatham House, London, United Kingdom, yesterday, titled: “Prospects for Democratic Consolidation in Africa: Nigeria’s Transition”. Excerpts.
Permit me to start by thanking Chatham House for the
invitation to talk about this important topic at this crucial time. When speaking about Nigeria overseas, I normally prefer to be my country’s public relations and marketing officer, extolling her virtues and hoping to attract investments and tourists. But as we all know, Nigeria is now battling with many challenges, and if I refer to them, I do so only to impress on our friends in the United Kingdom that we are quite aware of our shortcomings and are doing our best to address them.
The 2015 general election in Nigeria is generating a lot of interests within and outside the country. This is understandable. Nigeria, Africa’s most populous country and largest economy, is at a defining moment, a moment that has great implications beyond the democratic project and beyond the borders of my dear country.
So, let me say upfront that the global interest in Nigeria’s landmark election is not misplaced at all and indeed should be commended; for this is an election that has serious import for the world. I urge the international community to continue to focus on Nigeria at this very critical moment. Given increasing global linkages, it is in our collective interests that the postponed elections should hold on the rescheduled dates; that they should be free and fair; that their outcomes should be respected by all parties; and that any form of extension, under whichever guise, is unconstitutional and will not be tolerated.
With the fall of the Berlin Wall in 1989, the dissolution of the USSR in 1991, the collapse of communism and the end of the Cold War, democracy became the dominant and most preferred system of government across the globe. That global transition has been aptly captured as the triumph of democracy and the ‘most pre-eminent political idea of our time.’ On a personal note, the phased end of the USSR was a turning point for me. It convinced me that change can be brought about without firing a single shot.
As you all know, I had been a military head of state in Nigeria for twenty months. We intervened because we were unhappy with the state of affairs in our country. We wanted to arrest the drift. Driven by patriotism, influenced by the prevalence and popularity of such drastic measures all over Africa and elsewhere, we fought our way to power. But the global triumph of democracy has shown that another and a preferable path to change is possible. It is an important lesson I have carried with me since, and a lesson that is not lost on the African continent.
In the last two decades, democracy has grown strong roots in Africa. Elections, once so rare, are now so commonplace. As at the time I was a military head of state between 1983 and 1985, only four African countries held regular multi-party elections. But the number of electoral democracies in Africa, according to Freedom House, jumped to 10 in 1992/1993 then to 18 in 1994/1995 and to 24 in 2005/2006.
According to the New York Times, 42 of the 48 countries in Sub-Saharan Africa conducted multi-party elections between 1990 and 2002. The newspaper also reported that between 2000 and 2002, ruling parties in four African countries (Senegal, Mauritius, Ghana and Mali) peacefully handed over power to victorious opposition parties. In addition, the proportion of African countries categorized as not free by Freedom House declined from 59% in 1983 to 35% in 2003.
Without doubt, Africa has been part of the current global wave of democratisation. But the growth of democracy on the continent has been uneven. According to Freedom House, the number of electoral democracies in Africa slipped from 24 in 2007/2008 to 19 in 2011/2012; while the percentage of countries categorised as ‘not free’ assuming for the sake of argument that we accept their definition of “free” increased from 35% in 2003 to 41% in 2013. Also, there have been some reversals at different times in Burkina Faso, Central African Republic, Cote D’Ivoire, Guinea, Guinea-Bissau, Lesotho, Mali, Madagascar, Mauritania and Togo. We can choose to look at the glass of democracy in Africa as either half full or half empty.
While you can’t have representative democracy without elections, it is equally important to look at the quality of the elections and to remember that mere elections do not democracy make. It is globally agreed that democracy is not an event, but a journey. And that the destination of that journey is democratic consolidation – that state where democracy has become so rooted and so routine and widely accepted by all actors.
With this important destination in mind, it is clear that though many African countries now hold regular elections, very few of them have consolidated the practice of democracy. It is important to also state at this point that just as with elections, a consolidated democracy cannot be an end by itself. I will argue that it is not enough to hold a series of elections or even to peacefully alternate power among parties.
It is much more important that the promise of democracy goes beyond just allowing people to freely choose their leaders. It is much more important that democracy should deliver on the promise of choice, of freedoms, of security of lives and property, of transparency and accountability, of rule of law, of good governance and of shared prosperity. It is very important that the promise embedded in the concept of democracy, the promise of a better life for the generality of the people, is not delivered in the breach.
Now, let me quickly turn to Nigeria. As you all know, Nigeria’s fourth republic is in its 16th year and this general election will be the fifth in a row. This is a major sign of progress for us, given that our first republic lasted five years and three months, the second republic ended after four years and two months and the third republic was a still-birth. However, longevity is not the only reason why everyone is so interested in this election.
The major difference this time around is that for the very first time since transition to civil rule in 1999, the ruling Peoples Democratic Party (PDP) is facing its stiffest opposition so far from our party the All Progressives Congress (APC). We once had about 50 political parties, but with no real competition. Now Nigeria is transitioning from a dominant party system to a competitive electoral polity, which is a major marker on the road to democratic consolidation. As you know, peaceful alternation of power through competitive elections has happened in Ghana, Senegal, Malawi and Mauritius in recent times. The prospects of democratic consolidation in Africa will be further brightened when that eventually happens in Nigeria.
But there are other reasons why Nigerians and the whole world are intensely focused on this year’s elections, chief of which is that the elections are holding in the shadow of huge security, economic and social uncertainties in Africa’s most populous country and largest economy. On insecurity, there is a genuine cause for worry, both within and outside Nigeria. Apart from the civil war era, at no other time in our history has Nigeria been this insecure.
Boko Haram has sadly put Nigeria on the terrorism map, killing more than 13,000 of our nationals, displacing millions internally and externally, and at a time holding on to portions of our territory the size of Belgium. What has been consistently lacking is the required leadership in our battle against insurgency. I, as a retired general and a former head of state, have always known about our soldiers: they are capable, well trained, patriotic, brave and always ready to do their duty in the service of our country.
You all can bear witness to the gallant role of our military in Burma, the Democratic Republic of Congo, Sierra Leone, Liberia, Darfur and in many other peacekeeping operations in several parts of the world. But in the matter of this insurgency, our soldiers have neither received the necessary support nor the required incentives to tackle this problem. The government has also failed in any effort towards a multi-dimensional response to this problem leading to a situation in which we have now become dependent on our neighbours to come to our rescue.
Let me assure you that if I am elected president, the world will have no cause to worry about Nigeria as it has had to recently; that Nigeria will return to its stabilising role in West Africa; and that no inch of Nigerian territory will ever be lost to the enemy because we will pay special attention to the welfare of our soldiers in and out of service, we will give them adequate and modern arms and ammunitions to work with, we will improve intelligence gathering and border controls to choke Boko Haram’s financial and equipment channels, we will be tough on terrorism and tough on its root causes by initiating a comprehensive economic development plan promoting infrastructural development, job creation, agriculture and industry in the affected areas. We will always act on time and not allow problems to irresponsibly fester, and I, Muhammadu Buhari, will always lead from the front and return Nigeria to its leadership role in regional and international efforts to combat terrorism.
On the economy, the fall in prices of oil has brought our economic and social stress into full relief. After the rebasing exercise in April 2014, Nigeria overtook South Africa as Africa’s largest economy. Our GDP is now valued at $510billion and our economy rated 26th in the world. Also on the bright side, inflation has been kept at single digit for a while and our economy has grown at an average of 7% for about a decade.
But it is more of paper growth, a growth that, on account of mismanagement, profligacy and corruption, has not translated to human development or shared prosperity. A development economist once said three questions should be asked about a country’s development: one, what is happening to poverty? Two, what is happening to unemployment? And three, what is happening to inequality?
The answers to these questions in Nigeria show that the current administration has created two economies in one country, a sorry tale of two nations: one economy for a few who have so much in their tiny island of prosperity; and the other economy for the many who have so little in their vast ocean of misery.
Even by official figures, 33.1% of Nigerians live in extreme poverty. That’s at almost 60 million, almost the population of the United Kingdom. There is also the unemployment crisis simmering beneath the surface, ready to explode at the slightest stress, with officially 23.9% of our adult population and almost 60% of our youth unemployed. We also have one of the highest rates of inequalities in the world.
With all these, it is not surprising that our performance on most governance and development indicators (like Mo Ibrahim Index on African Governance and UNDP’s Human Development Index.) are unflattering. With fall in the prices of oil, which accounts for more than 70% of government revenues, and lack of savings from more than a decade of oil boom, the poor will be disproportionately impacted.
In the face of dwindling revenues, a good place to start the repositioning of Nigeria’s economy is to swiftly tackle two ills that have ballooned under the present administration: waste and corruption. And in doing this, I will, if elected, lead the way, with the force of personal example.
On corruption, there will be no confusion as to where I stand. Corruption will have no place and the corrupt will not be appointed into my administration.
First and foremost, we will plug the holes in the budgetary process. Revenue producing entities such as NNPC and Customs and Excise will have one set of books only. Their revenues will be publicly disclosed and regularly audited. The institutions of state dedicated to fighting corruption will be given independence and prosecutorial authority without political interference.
But I must emphasise that any war waged on corruption should not be misconstrued as settling old scores or a witch-hunt. I’m running for President to lead Nigeria to prosperity and not adversity.
In reforming the economy, we will use savings that arise from blocking these leakages and the proceeds recovered from corruption to fund our party’s social investments programmes in education, health, and safety nets such as free school meals for children, emergency public works for unemployed youth and pensions for the elderly.
As a progressive party, we must reform our political economy to unleash the pent-up ingenuity and productivity of the Nigerian people thus freeing them from the curse of poverty. We will run a private sector-led economy but maintain an active role for government through strong regulatory oversight and deliberate interventions and incentives to diversify the base of our economy, strengthen productive sectors, improve the productive capacities of our people and create jobs for our teeming youths.
In short, we will run a functional economy driven by a worldview that sees growth not as an end by itself, but as a tool to create a society that works for all, rich and poor alike. On March 28, Nigeria has a decision to make: To vote for the continuity of failure or to elect progressive change. I believe the people will choose wisely.
In sum, I think that given its strategic importance, Nigeria can trigger a wave of democratic consolidation in Africa. But as a starting point we need to get this critical election right by ensuring that they go ahead, and depriving those who want to scuttle it the benefit of derailing our fledgling democracy. That way, we will all see democracy and democratic consolidation as tools for solving pressing problems in a sustainable way, not as ends in themselves.
Prospects for Democratic Consolidation in Africa: Nigeria’s Transition
Permit me to close this discussion on a personal note. I have heard and read references to me as a former dictator in many respected British newspapers, including the well regarded Economist. Let me say without sounding defensive that dictatorship goes with military rule, though some might be less dictatorial than others. I take responsibility for whatever happened under my watch.
I cannot change the past. But I can change the present and the future. So, before you is a former military ruler and a converted democrat who is ready to operate under democratic norms and is subjecting himself to the rigours of democratic elections for the fourth time.
You may ask: why is he doing this? This is a question I ask myself all the time too. And here is my humble answer: because the work of making Nigeria great is not yet done, because I still believe that change is possible, this time through the ballot, and most importantly, because I still have the capacity and the passion to dream and work for a Nigeria that will be respected again in the comity of nations and that all Nigerians will be proud of.
I thank you for listening.
Buhari at Chetham House, London, yesterday.
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