For The Record
‘We Are Working To Leave Rivers Better Than We Met It’
Being a text of a statewide broadcast by Rivers State Governor, Chief Nyesom Wike on January 1, 2022 to mark the New Year.
Excerpts.
My dear people of Rivers State
As the clock ticks down and as we look forward to
ushering-in the New Year 2022, this is the time to give thanks to the Almighty God for his blessings and the opportunity to look into the future with greater hope and optimism.
On behalf of my wife and the government, let me thank all Rivers State citizens in particular, and Nigerians in general, for your continued love and support to our administration throughout the year 2021.
Indeed, we cannot thank you enough for the trust, the solidarity, the cooperation and above all, your prayers for the success of our government and the peace and progress of our state.
We also thank the police, the Department of State Security, the armed forces and the para military services for working round the clock to make and keep our dear state peaceful, safe and secure, not only in this festive season but throughout the outgoing year.
Indeed, there is no denying the fact that crime and criminality have been at very low rates in Rivers State and citizens felt safer and more secure in 2021 than the previous years.
With the cooperation of the security agencies, we identified and destroyed most of the shanties that hitherto served as safe havens and hideouts for criminals, who have now been dislodged and dislocated from the state having lost the space and capacity from which they could operate with ease.
To consolidate on the gains of the dislodgement and dislocation exercises, and make the state even safer and more secure, we have decided to demolish all shanties and makeshift structures in identified crime hotspots in Port Harcourt Township and the Illaobuchi areas of Diobu from the second week of January, 2022.
Those rebuilding the shanties we had demolished at Eleme or attempting to resume illegal trading activities at the closed Oginigba slaughter have one week to vacate or be arrested and charged to court.
Additionally, we have discovered that most vacant plots or uncompleted buildings in the Old and New Government Reservation Areas (GRAs) and some other parts of Port Harcourt City and Obio/Akpor local government areas have been hijacked and are now inhabited by criminal elements who are daily constituting menace to public safety.
We have therefore decided to end this danger by taking over all such abandoned plots and uncompleted buildings and re-allocate them to citizens who are ready to develop and put them into effective occupancy.
In a similar vein, we have revoked the certificates of occupancy of several undeveloped plots of land in old GRA, Port Harcourt, for breaching the covenants attached thereto, which we would also re-allocate to interested members of the public for immediate development as part of the ongoing efforts to restore the entire old GRA to its pristine state of development, beauty and serenity.
We will also not spare those contributing to the perennial flooding challenge in parts of Port Harcourt city and Obio/Akpor Local Government Area by blocking natural water and drainage channels with illegal landfilling, reclamation of wetlands or the construction of concrete structures.
Consequently, we shall recover and restore all landfilled or reclaimed wetlands and demolish all structures erected on natural water channels spanning from the Eastern Bypass area up to Abana and Eleme streets in Old GRA, Port Harcourt. Only those with genuine government permits and allocation papers will be duly compensated.
Again, it is important to appreciate what we have done to successfully transform our capital city, Port Harcourt, to one of the most beautiful cities in Nigeria with well-paved streets, pedestrian walkways, dual carriage roads and flyovers.
However, the beauty of the city is being defaced by illegal and indiscriminate trading on our streets, under flyovers and other unauthorised open spaces as well as the challenges with the current largely inefficient refuse disposal system.
I wish to, therefore, remind citizens that the ban on street trading and commuting on motor cycles in Port Harcourt City and Obio/Akpor local government areas is still in force.
Consequently, I hereby direct the Task Force on Illegal Street Trading to arrest and prosecute all those: (i) shuttling with their motorcycles and or hawking foreign exchange along Birabi Street, Hotel Presidential, GRA Junction by Zenith Bank up to Tombia Street; and (ii) trading on, under and around the Rumuola Junction and flyover; Rumuogba Junction and flyover; as well as Rumuokoro Junction and flyover.
Security personnel abetting illegal street trading by collecting bribes and offering protection to street vendors are advised to desist forthwith or they would equally be made to face the wrath of the law.
Furthermore, we have decided to end the menace of cart-pushers who have become notorious for indiscriminate scavenging and littering of wastes on street corners and the medians of major roads and highways across the state.
These cart pushers and their unknown collaborators are also responsible for the recurring stealing of manhole covers, an act which endangers peoples’ lives and public safety on our roads.
Consequently, the state government has placed an immediate ban on the activities of cart pushers and directs law enforcement agencies to arrest and prosecute anyone who attempts to violate this ban.
In addition, a task force would be put in place to enforce this ban while we plead with the courts, in the interest of public safety and security, to impose the severest of punishment under the law on any convicted manhole vandal.
The indiscriminate and prolonged parking of trailers and other articulated vehicles along our streets is another environmental menace we must tackle to bring sanity to our cities and living environment.
Consequently, I hereby direct the chairmen of Port Harcourt City, Ikwerre, Obio/Akpor, and Oyigbo local government councils to within three weeks from today impound and or remove any trailer, trucks or articulated vehicle packed on the streets beyond 48 hours in their respective administrative jurisdictions.
As we all know, achieving effective environmental sanitation in cities and urban centres is a global challenge, and ours is not an exception.
However, we are determined to improve on our refuse disposal system by reviewing, overhauling and strengthening the legal, institutional and economic framework for a more effective delivery of sanitation services to residents.
I urge that you bear with us for a while and things will certainly change for the better in our refuse disposal system.
As an initial step towards achieving this objective, we have placed an immediate ban on the disposal of refuse on the streets or open spaces in both the old and new GRAs of Port Harcourt and Obio/Akpor local government areas.
Every household in both old and new GRAs must therefore procure and keep approved refuse disposal bins in the front of their houses to facilitate the door-to-door collection of the wastes they generate by designated contractors.
We will not hesitate to revoke the certificate of occupancy of any house in these areas without a refuse disposal bin or whose occupants are caught disposing refuse on the streets or open spaces.
We have also banned the posting of advert materials of any kind, including posters, fliers, pictures, artworks, placards or inscriptions on or under our flyovers, bridges, concrete walls and the safety barricades along the roads.
We will establish environmental marshals to enforce compliance with our sanitation laws, including this ban, by arresting and prosecuting both the person who places the advert and the person and institution on whose behalf it is placed.
Fellow citizens, we also have reason to be concerned about the operations and socially harmful activities of nightclubs within residential areas of our state.
Apart from the noise and traffic nuisances suffered by innocent residents, no responsible government should continue to tolerate the open display and solicitation of sexual services, drug abuse and public intoxication that takes place along the streets and public areas abutting some of these nightclubs, lounges and bars by the youths, some, as young as under 14 years.
Consequently, the state government has placed an immediate ban on all nightclub activities, including night-time trading and street prostitution along SaniAbacha Road and surrounding streets to stop the harmful effect of these depraved activities on the moral development of our children and society at large.
Let me also reiterate that we are as overly concerned as the public over the black soot environmental disaster that has continued to envelope Port Harcourt and upsetting residents for quite some time.
As a state government, we have drawn the attention of the Federal Government to this problem and requested for its intervention to stop the activities of illegal bunkering and artisanal crude oil refiners, which have been identified as the main sources of the soot pandemic.
Unfortunately, the Federal Government has remained inexplicably silent over our request and even complicit to a large extent with the security agencies actively aiding, encouraging and protecting the artisanal refiners to continue with their harmful activities unabated.
We have equally appealed without success to our people engaging in this illegal business to consider its negative effects on our economy, environment, public safety and public health and disengage from it.
We will continue to engage and plead with the Federal Government to intervene and save our people from this serious environmental and health emergency.
However, since the federal security agencies have largely refused to stop the illegal crude oil refining activities in the state, we have no option than to take necessary measures to tackle this particular and direct challenge to our collective health and survival by ourselves.
Consequently, I have directed the chairman of Port Harcourt City Local Government Council to go after all the illegal crude oil refining sites along Creek Road and adjourning areas of the city and shut them down with immediate effect.
Furthermore, all local government chairmen are directed to work with community leaders to locate and identify those behind all illegal bunkering and crude oil refining sites in their localities and report to my office for further action.
Once again, we express our sympathies to the victims of the recent fire incidences in the state, especially those who lost loved ones and valuable property.
As a government we will continue to do our best to strengthen the State Fire Service to effectively intervene to mitigate the damage during fire incidents.
However, members of the public also have the responsibility to do the right thing to prevent or avoid some of these fire incidents from happening and those who deliberately bury fuel and gas tanks in residential areas are certainly not doing the right thing, and should therefore relocate their precarious businesses to more convenient and less risky places.
We wish to also express our concern over the poor compliance with the existing COVID-19 protocols by citizens and the effect on the transmission of the disease in the state.
Believe it or not, COVID-19 is a reality that has already taken the lives of hundreds of thousands of people and disrupted economic activities across the world.
Here in Rivers State the transmission of the virus continues to surge daily and we all need to act together to stop the diseases from further ravaging our state.
We, therefore, appeal to all residents to make themselves available for testing and vaccination whether it is for your first, second or booster jab in addition to observing the existing preventive protocols, including social distancing and wearing of face masks to reduce the level of transmission.
Let me also remind all government recognized traditional rulers that they are, at all times, subject to the authority and directives of the state government and not to other allegiances, culture or otherwise.
Therefore, the consistent absence of some first class traditional rulers, especially the Amanyanabo of Okrika, the Amanyanabo of Ogu, the Amanyanabo of Kalabari and the GbenemeneNyo-Khana from participating in state functions is unacceptable and will no longer be tolerated.
Should they, therefore, continue to absent themselves from state functions or in the regular meetings and activities of the Rivers State Traditional Rulers Council, we would have no option than to direct their immediate replacement.
Finally, as the New Year 2022 inevitably beckons, we wish to assure you that we will continue to do our best to meet the aspirations of our citizens for a more peaceful, safe and secure society throughout the Year 2022.
We will continue to pursue our objectives for a stronger and more sustainable economy centred on fiscal discipline, revenue growth, job creation, and improved standard of living for all residents.
We will continue to accelerate our development with the sustainable delivery of quality roads, bridges, schools, hospitals and other socio-economic infrastructure and complete all ongoing development projects across the state.
I wish to, once again, thank our leaders, traditional rulers, elder statesmen, party chieftains, our women, our youths and the press for the warmth and support we have received throughout 2021.
We wish to specially thank our religious leaders for their prayers for peace and progress as well as for their continuous support to our government in the primary task of building the Rivers State of our collective dream.
We remain grateful to God for the unprecedented peace, security and transformational strides the state is enjoying under our administration.
But we must also be vigilant because our enemies, especially, members of the opposition, are not happy with the prevailing peace, security and the unprecedented achievements we have recorded; and are therefore determined to cause crisis and disturb our peace and joy if they have the opportunity.
Let us therefore prayerfully continue to place our dear state and everyone in the safe and protective hands of God Almighty through our Lord Jesus Christ.
I wish each and every one a happy and prosperous New Year!
May God continue to bless our dear Rivers State.
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