For The Record
King Ambrose Ezeolisa Alagoa: A Trans-Generational Colossus
History beckons in Yenagoa, Bayelsa State, come Saturday, December 4, 2021, as the Nembe Se Lawyers Forum, the Umbrella body of all lawyers of Nembe-Ibe extraction in Nigeria and in the Diaspora would be rolling out the drums amidst pomp and fanfare, to bestow posthumous honour on the Late Amanyanabo of Nembe, His Lordship, Justice Ambrose Ezolisa Alagoa, Mingi the eleventh.
The grandiose event, billed to hold at the Chief DSP Alamieyeseigha Memorial Banquet hall is the first Inaugural Lecture in honour of the monarch under the Chairmanship of Justice of the Court of Appeal, Justice Ebiowei Tobi.
It is expected to attract the crème de la mare of society as well as political titans and legal heavy weights and juggernauts drawn from far and near including of course, Chief Kanu Godwin Agabi, SAN, former Attorney General of the Federation and Minister of Justice as Guest lecturer while His Royal Majesty, King Edmund Daukoru, Amanyanabo of Nembe will grace the occasion as the Royal Father of the Day.
This is hardly surprising as His Royal Majesty, King Ambrose Alagoa was a man of many firsts and occupies a strategic place in the juridical annals of Bayelsa State being the first lawyer of Nembe Se descent and first indigenous Chief Judge in the Old Rivers State thus making him the forens et origo, that is the source and origin of the Nembe Se Lawyers Forum.
Unarguably, the deceased monarch as an unapologetic, pathological crusader for natural justice, equity and good conscience and was known for his unabashed belief in the rule of law as the pillar of democracy.
Instructively, this coincides with the theme of the Inaugural Lecture which is woven around the role of the judiciary in a democratic dispensation, the rule of law undeniably being the nexus and plexus of a true democracy which guarantees the total and unfettered independence and impartiality of the judiciary.
To be sure, the late monarch epitomises the bastion and beacon of hope for the Nigeian Bar and Bench to uphold the cannon of natural justice to wit, nemo judex in causa sua and audi alteram partem on which hang all the law and jurisprudence the world over.
King Ambrose Alagoa, jurist, philanthropist and social crusader was born into the royal family of His Royal Majesty, Francis Ossomade Joseph Alagoa, Mingi X, Amanyanabo of Nembe by one of his wives, Madam Nwaokiri Rose Onyeka.on August 24, 1914
Ambrose Alagoa was the second son of his father. His father, Francis Ossomade Joseph Allagoa was the son of a rich influential merchant, Queen – Okwei of Osomari Kingdom in present-day Delta state) and merchant father, Chief Joseph Alagoa, grandson of KingBoy Amain, Mingi V, then Amanyanabo of Nembe Kingdom.
He was raised under the highly puritanical and much disciplined watch of his parents who were both devout Catholics, adhering to the sanctimonious doctrines of the Christian faith. Additionally, his father was a foremost nationalist and held the position of Chairman of the RCPC.
All these and more largely helped to shape and mould the world view of the young Ambrose in his growing up years. His propensity and penchant to right the many wrongs of society through lawful means and to salvage the oppressed, weak and vulnerable was the outward expression of a divine nudge to enroll in the most noble profession of all times, the legal profession later in life
Early Life and Education:
As a Prince, he was privileged to receive top notch, top rate, and cutting edge formal and informal education from his parents. He started his primary education in 1927 at the Government School, Owerri but later moved to St Mary’s School, Port Harcourt that same year to complete his primary education in 1932. Thereafter, he returned to Onitsha where he attended the prestigious Christ the King College, Onitsha from 1932 to 1936 as a pioneer student of the college.
It is on record that he was the youngest graduate to have obtained the senior Cambridge certificate at the enviable age of 22 in 1936 and was noted for exceptional academic performance.
Consequently, a few years later, in a bid to actualise his dream of joining the league of lawyers, he proceeded to the famous Cambridge University, London in 1946 to study Law and by April 1949, he bagged the prestigious LLB (Hons) Degree, qualifying as a lawyer with the Council of Legal Studies, London and was subsequently called to the English Bar on January 26, 1950 and admitted as a member of the Lincoln Inn, London, thus, setting the stage for his private legal practice which started immediately in the city of Port Harcourt between 1950 and 1962.
Political Career
Leveraging on his legal expertise and prowess, Justice Ambrose Alagoa served as Deputy Mayor of Port Harcourt Municipal Council between 1951 and 1959, and thereafter elected as the 2nd substantive Mayor of Port Harcourt Municipal Council. He took over from Mayor Richard Okwosha Nzimiro in 1959 and served in this capacity for three years. By and large, he was instrumental in transforming the City of Port Harcourt into the much hyped name Garden City and it is on record that he was the first Mayor of Port Harcourt to have successfully brought the Prime Minister of Nigeria Sir Tafawa Balewa and the then Premier of the Eastern Region, Chief Michael Okpara on a visit to the Garden City.
Legal Career and Impact on the Bar and Bench
He successfully sat for and made distinctions in his senior Cambridge Certificate exam after his education at Christ the King College. This enabled him to secure gainful employment in the Federal Civil Service and worked as a clerk in the judicial arm of government.
As a civil servant, he was posted to Lagos, Enugu and Port Harcourt before proceeding for further studies in London, qualifying as an Attorney at Law.
Upon his return, King Ambrose Alagoa had a successful career as a member of the Bar, winning several of his cases and laurels, and this won him the respect and admiration of many lawyers.
As a lawyer, he had an excellent legal practice in Port Harcourt with his law firm, Allagoa & Allagoa Legal Practitioners, (Our Lady of Fatima Chambers). He had a brilliant and successful career, representing clients such as J. T. Chanrai.
In 1962, the Eastern Regional Government impressed with his diligence and dignified service at the Bar, elevated him to the Bench as a High Court Judge. He presided in various judicial divisions as Abakaliki, Nsukka, Ikot Ekpene, Umuahia, and Port Harcourt .
However, sequel to the creation of Rivers State by the then administration of General Yakubu Gowon, His Highness was transferred to the newly created state where he was a judge from 1970 to 1975.
In 1976, he made history following his appointment as the first indigenous Chief Judge of Old Rivers State. He retired three years later on the 24 September, 1979, having attained the mandatory retirement age of 65 years.
His Lordship (late) H.R.M. Justice Ambrose Ezeolisa Alagoa is mostly remembered for his doggedness in standing on the side of truth and justice in the celebrated case of famous Amakiri v. Iwowari where, as the presiding judge, he exhibited rare courage in the award of damages in favour of the injured journalist, Amakiri even amidst threats to his life and family. This earned him both local and international accolades and encomiums. Consequently, the City of Oklahoma, USA, awarded him “Life Mayor, Oklahoma City, USA”
Religion
His Lordship late King Ambrose Alagoa was a deeply religious and devoted Christian of the Roman Catholic stock. He believed very strongly in service to God and humanity and, therefore, devoted the larger part of his litigation and adjudicating years advocating for the poor, hopeless, weak and vulnerable. This attribute was not uncommon in the family and found expression in his maternal great grandfather (King Atamanya- Nzedegwu of Ossomari) who invited Roman Catholic priests into his Ossomari Kingdom during his reign. He was a highly distinguished and respected Knight.
It would be recalled that during the 1959 elections, he checked the bid by Protestants to marginalise the Catholics in the defunct Eastern Nigeria. This show of derring-do and bravado culminated in the appointment of six Catholics as ministers in the Michael Okpara led cabinet.
He is fondly remembered for being the foremost founder of the Order of the Knight of St. Mulumba of Nigeria KSM in Rivers State in 1985, and subsequent inauguration on 26th September 1987 of the Port Harcourt Sub Council of the Order of the Catholic Institute of West Africa (CIWA) Port Harcourt.
He was the first Grand Knight of the Knight of the Order of Saint, Mulumba, Port Harcourt Sub Council.
Against this backdrop, an oration presented by the Order Of the Knights of Saint Mulumba, KSM, Port Harcourt in honour of His Majesty the King succinctly captures his religious predilections in these words:
“We recall the crucial role he played as a Catholic in post-war Rivers State. At the end of the Civil War, Catholics generally were haunted in Rivers State. In spite of this unwholesome phenomenon, he not only stood firm in the Catholic Church, but also participated and supported the persecuted clergy. He assisted the Catholic Church immensely in identifying and recovering some of her properties at the end of the war in Rivers State. His full participation during Corpus Christi procession, in spite of acute challenges of age, epitomised his commitment to the Catholic faith.”
Reign on the Throne
His Majesty the late King Ambrose Ezeolisa Allagoa was crowned King and Amanyanabo of Nembe on the 12th of April, 1980, succeeding his father. As Mingi XI, he reigned for 23 years and served with the fear of God.
He passed away peacefully on February 17, 2003 at the age of 89. He was survived by five sons and three daughters amongst a host of other notable siblings.
Following the creation of Bayelsa State in 1996, he worked assiduously to ensure the smooth take-off of the state as a whole and the judicial arm of government in particular.
He served as the Chairman of the Traditional Rulers Council both in Rivers State and subsequently in Bayelsa State during which time he worked tirelessly to promote peace and stability in his domain..
In retrospect, there is no gainsaying that his peaceful disposition earned him respect from his subjects as well as other monarchs from within and outside the state such as Ogbia, Kalabari Kingdom, Abua, Benin Kingdom, to mention a few.
Interestingly, during his reign, the then Oba of Benin, Oba Erediauwa was said to have made a historic visit to Nembe.
Equally noteworthy is his role in the in mounting pressure on Shell Petroleum Development Company as well as the federal and state governments to collaborate to build the long proposed road to Nembe; an effort that paid off handsomely as Nembe is now accessible by road.
Recreation, Hobbies and Philanthropy
His Majesty was a lover of sports, and like the present Chairman of Bayelsa State Council of Traditional Rulers and Amanyanabo of Twon Brass , King Papapriye Diete Spiff, His Majesty, Justice Ambrose Alagoa loved the game of golf with passion and he showed this by supporting the Golf Section of the Port Harcourt Club as far back as 1928.
He was also a member of Rotary International and known for travelling to various conferences in company of his wife.
It is gratifying to note that King Ambrose Alagoa was among the founders of Leonard Cheshire International Home in Port Harcourt; a welfare organization committed to providing succour for the less privileged and physically challenged in society.
Honours
In 1978, following his brilliant career at the Bar and Bench, the Federal Government of Nigeria in 1978 conferred him with the enviable honours of the Commander of the Order of the Niger, CON.
He also held the prestigious title of the Grand Knight of the Order of Saint Sylvester conferred on him by Pope Paul VI in 1977 as well as the Grand Knight of the Order of St. Gregory conferred on him by Pope John XXIII in 1978. His Lordship King Ambrose Alagoa was until his death a Honorary Citizen of Maryland, USA conferred on him by Governor Preston Smith in 1972.
In 1976, he was appointed Chairman of the Rivers State Commission of Inquiry into the Rivers State Tourists and Hotels Corporation and Chairman Commission of Inquiry into the Organisation and Management and Running of the Rivers State College of Education.
Also, he was Pro-Chancellor, University of Ilorin 1978 and later Pro-Chancellor, University of Sokoto 1982-83. In 1985, he was appointed Pro-Chancellor, Federal University of Technology, Owerri, a position he held until 2000. He was Life Patron, Nigerian Red Cross and Trustee, Port Harcourt Club.
In November 1988, following his rich and robust legal career, the University of Ilorin conferred on him an Honorary Doctor of Laws (Hon. LLD
Conclusion
There is no doubt that His Royal Mmajesty lived as fulfilled life and bequeathed a worthy legacy. Life is lived to the fullest when the person in question discovers purpose, walks in it and uses it to impact and transform lives cutting across generations.
This is the challenge thrown up by the life and times of this legend, colossus, cornucopia, renowned jurist and monarch extra ordinaire.
In the words of John Donne, the celebrated British Poet, “Every man’s death dehumanises me because I am involved in mankind and, therefore, never seems to know for whom the bell tolls. It tolls for thee.”
Indeed, the task before the judiciary, officers of court and ministers in the temple of justice is therefore both daunting, herculean and onerous especially in a quasi democracy such as ours which appears to put democracy on the reverse and attempts to stand the rule of law on its head.
Even so, with the matchless legacy bequeathed by the late monarch in Nigeria’s jurisprudence, hope beckons for the judiciary and, indeed, the legal profession, to continue against all odds, to prove its mettle as the impartial arbiter of justice and what is more, live up to its billings as the much vaunted last hope of the common man now and in the generations ahead.
But the greater challenge lies before the Government and people of Bayelsa State as a wakeup call to immortalise a man who gave his all to the legal profession and leveraged it to drive the hallowed principles of peace, justice, equity, fairplay even in the most tempestuous of times, for as Williams Shakespeare puts it, “When beggars die, there are no comets seen. But the heavens themselves blaze forth the death of Princes.”
His Lordship, Late King Ambrose Ezolisa Alagoa was not just a prince. He was the Mingi XI, Amanyanabo of Nembe. He deserves to be immortalised and celebrated by his people.
It is against this background that the move by the Nembe Se Forum to initiate an Inaugural Lecture series to be held annually in his honour becomes not only heartwarming and commendable but above all historic. On its part, the Government, and in particular the Government and people of Bayelsa State must pick up the gauntlet and take it even several notches higher by giving honour to whom honour is due.
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