•Demolishes bombed legislative complex for reconstruction
•FG denies involvement in state’s political crisis
•27 defector-lawmakers ousted by legislature
•Falana: INEC required to conduct fresh elections
Deji Elumoye, Chuks Okocha, Adedayo Akinwale in Abuja, Wale Igbintade in Lagos and Blessing Ibunge in Port Harcourt
Governor Siminalayi Fubara presented the 2024 Appropriation Bill of over N800 billion to a four-member Rivers State House of Assembly for consideration yesterday, in Port Harcourt, stamping his authority on the state, amid a raging political battle with his former benefactor, Federal Capital Territory (FCT) minister, Nyesom Wike.
Fubara, who had earlier ordered the demolition of the state House of Assembly complex, bombed several weeks ago in the thick of the political tension in the state, for reconstruction, made sure the lawmakers held their sitting within Government House.
Despite widespread suspicion, the federal government, yesterday, distanced itself from the political crisis in the state, saying Wike’s position does not represent that of the government at the centre.
Meanwhile, the National Working Committee (NWC) of Peoples Democratic Party (PDP), at its 580th meeting, yesterday, in Abuja, asked the party’s National Legal Adviser to activate the process of challenging in court the defection of 27 PDP members of the House of Assembly to All Progressives Congress (APC).
The lawmakers’ defection on Tuesday, and the subsequent declaration of their seats vacant yesterday by the court-ordained Speaker of the House of Assembly, Hon. Edison Ehie, depleted the state legislature to four members.
Human rights activist and lawyer, Mr. Femi Falana, SAN, said the Independent National Electoral Commission (INEC) was required by law to conduct fresh elections to fill the places of the defected legislators, whose seats were declared vacant.
Some prominent Nigerians rose in defence of Fubara, yesterday, asking President Bola Tinubu to intervene in the Rivers State crisis to protect the country’s democracy.
THISDAY observed that the Assembly’s sitting, which was presided by Ehie, was held at Government House, Port Harcourt.
The governor, who christened the 2024 Appropriation Bill, “Budget of Renewed Hope: Consolidation and Continuity,” said over N300 billion was proposed for Recurrent Expenditure, while over N400 billion was allocated for Capital Expenditure.
He said the 2024 budget proposal was anchored on the assumptions of crude oil price benchmark of 70 dollar per barrel at a 1.5 million barrel production per day, while funding would be from Internally Generated Revenue (IGR), Federation Account Allocation Committee (FAAC) receipts, 13 per cent Oil Mineral Derivation Fund, Value Added Tax (VAT), Excess Crude, and grants from development agencies.
Fubara stated that the policy objective of the 2024 budget was to promote economic development, provide critical infrastructure, address the challenges of social economic inequalities, and build more road network to interconnect the state capital, among others.
Addressing the four-member Assembly, Fubara said, “Mr Speaker, I have highlighted some of our achievements in policy and projects. As relatively young administration, we are satisfied with the modest mileage we have gained in implementing our blueprint, despite the prevailing economic hardship and the political challenges, distractions we face since inception of our government.
“We can assure our people that the temple of governance and deliverance of governance is our priority areas, which include investment, economic growth, infrastructure delivery and job creation, education, healthcare, and human capital development, agriculture, food security.
“It is my pleasure to be before this hallowed chamber today, to present our state budget estimate of revenue and expenditure for the fiscal year 2024.”
In his remarks, Ehie commended Fubara for keying into the “Renewed Hope Agenda” of President Bola Tinubu as well as consolidating and continuing on the gains of successive governments in the state for the overall good and interest of Rivers people.
He commended the governor for the effective utilisation of funds in the 2023 appropriation law to advance the development of the state and for giving prompt attention to human capital development in the 2024 budget, assuring him that the house would give accelerated hearing and passage to the bill to enable the executive hit the ground running in the new year.
The speaker stated, “Being satisfied with your performance on the appropriation law, it gives us the force to attend to the 2024 Appropriation Bill because we know that you are determined. Your administration has the interest of Rivers State at heart.
“We, therefore, assure you of speedy passage of this bill so that your administration can keep running for the overall welfare, security of Rivers State and admiration of Nigerians.”
FG: We Know Nothing about Rivers Crisis
The federal government distanced itself from the political crisis in Rivers State, saying the position of the Minister of the Federal Capital Territory (FCT), Nyesom Wike, is not that of government at the centre. Minister of Information and National Orientation, Mohammed Idris, disclosed this to newsmen after a briefing on the outcome of the Federal Executive Council (FEC) meeting at State House, Abuja.
Asked whether the federal government shared Wike’s position on the matter as a member of the federal cabinet, Idris stated, “Well, he is a federal cabinet member; he is involved in the situation in the state. That cannot be a federal government position. How can it be the federal government’s position?”
Idris stressed that the federal government was keen on ensuring peace and tranquillity in every part of the country, including Rivers State.
He said, “The federal government is always interested in the wellbeing of all the states, and in that direction, the federal government will always align with everyone in Nigeria to make sure that there is peace and tranquillity in all parts of this country.
“But you know that what has happened in Rivers is not a creation of the federal government. It is a political problem that is brewing in the state.
“Of course, the government will ensure that there is peace and stability for all Nigerians, including River State, but you can’t say that this is a creation of the federal government. The federal government never had any hand in creating that problem.”
Commenting on the allegation raised by Asari Dokubo, who accused Tinubu of ignoring the festering crisis in Rivers State, the minister stated that what the leader of the Niger Delta Volunteer Force said was only advisory.
According to Idris, “I saw Asari Dokubo’s message. It was an advisory. He made an advisory. And when you make an advisory, you allow time to see whether the person you have given the advice will look at it again and come back to you.
“That does not suggest anything. That doesn’t suggest that the federal government created that problem. It was never a creation of the federal government. It is a creation of the political situation in River State.”
PDP Moves to Activate Legal Action against 27 Defector-lawmakers in Rivers
PDP’s NWC, at its 580th meeting, asked the party’s National Legal Adviser to activate the process of challenging the defection of 27 lawmakers in the Rivers State House assembly in court.
The party also said it would write INEC to officially inform the electoral body of the development in Rivers State.
PDP also held a valedictory session for the late woman leader of the party, Professor Stella Attoe Effa.
Relatedly, Edo State Deputy Governor, Philip Shaibu, told PDP to ensure that he emerged the party’s governorship candidate in the 2024 governorship election in the state, because it was only fair for Edo North senatorial district to produce the next governor.
In a statement by PDP National Publicity Secretary, Debo Ologunagba, the NWC said after thoroughly reviewing the state of the party in Rivers State, particularly with regard to the defection of 27 lawmakers, it made the decision to pursue the Rivers State issue in court.
PDP said in the statement, “That the party communicates to the Independent National Electoral Commission (INEC) by formally informing the commission of the vacancies in the Rivers State House of Assembly as a result of the defection of the 25 now former members, who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) vacated their seats by their action.
“That the party officially demands that INEC should within the constitutionally stipulated time, conduct fresh election in the 25 state constituencies in Rivers State, where vacancies now exist in the Rivers State House of Assembly as a result of the defection of the 25 now former members.
“Direct the National Legal Adviser to commence appropriate legal action with respect to the declaration of the seats of the 25 defected former members vacant and the conduct of fresh election into the 25 state constituencies in Rivers State in accordance with the provision of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“That the PDP will take every step necessary and available in a democracy to ensure that the votes and mandate of the people of the 25 state constituencies in Rivers State are protected and not appropriated under any circumstance whatsoever.”
Similarly, the Ambassador Illya Damagum-led NWC, Edo State Governor Godwin Obaseki, and Shaibu, yesterday, extolled the virtues of the late National Woman Leader of PDP, Stella Effa.
The PDP national chairman said, “We are paying tribute to someone that is soft spoken. I am really short of words, she was very intelligent, she brings ability within the NWC, like some of my colleagues have said.”
Obaseki, in his comments, said regarding Effa, “She was someone that was always present, especially during the last presidential election, and that was when I had the time to speak with her. This our party has suffered a major loss, because she was a voice of intervention.”
Meanwhile, Shaibu, yesterday, insisted that Edo North senatorial district should produce the next governor of the state because the zone had not produced a candidate from PDP. He spoke in Abuja after a meeting with Damagum at the party’s national secretariat.
Shaibu told news men that he believed in rotation of political offices in the state, insisting that equity, fairness and justice must be respected.
Falana: INEC Required to Conduct Fresh Elections
Falana said INEC was required by law to conduct fresh elections to fill the new spaces following the declaration of the seats of 27 Rivers State lawmakers vacant over their defection from PDP to APC.
Speaking on Channel Television last night, Falana said once the 27 lawmakers left PDP and the speaker declared their seats vacant, the only remedy available to them was to approach the court.
Falana stated that the judgement of Justice M.W. Danagogo of the Rivers State High Court sitting in Port Harcourt, which confirmed Governor Siminalayi Fubara’s ally, Edison Ehie, as authentic Speaker of the House of Assembly subsisted until it was set aside.
He said, “The 27 lawmakers whose seats have been declared vacant will have to go to court to challenge the decision of the speaker, while the Independent National Electoral Commission (INEC) is required, following the declaration by the speaker, to conduct fresh elections in those seats where the legislators have moved to another party.”
On the alleged crisis in PDP that necessitated the defection of the 27 lawmakers to APC, Falana stated that there was no crisis or division in PDP. He said the 27 legislators were not exposed to sound legal advice before taking their decisions.
According to Falana, “The Supreme Court had made it clear that the division envisaged by the constitution has to be a division within a party that affects the leadership down the line. There has to be two factions of PDP, having two executives. But, if there is a disagreement between legislators and the governor in a state, that would not be regarded as a division known to law. Today the PDP is one, and there are no factions A or faction B.
“There should be no political prostitution in the country, because it’s tantamount to political immorality. If you are voted for on the programme of a political party, and you abandoned the party, you are advised to go and try your luck by contesting again under the new political platform.”
He added that whatever might have influenced the decision of the court, it remained a valid and subsisting judgement until it was reversed by the same court or a higher court.
Falana stated that by virtue of Section 287 of the constitution, the judgements of the high court, Court of Appeal, and Supreme Court were binding on all authorities and persons in the country, “So as of today, that remains the judgement of the court.”
With respect to the demolition of the Rivers House of Assembly complex, Falana recalled that similar things occurred during the administration of Wike, a former governor of the state.
He said, ‘’Rivers State, under the immediate past administration, houses of opponents were demolished, Certificate of Occupancy obtained by opponents were revoked. So Rivers State is used to what is going on. When the House of Assemble was burnt last month, when there was an attempt to impeach the governor. The state governor says, ‘we are demolishing to renovate, and an alternative venue will be provided for the house to conduct its business.’
“The government has also said it is not shutting down the business of the House of Assembly; that it has provided an alternative venue, pending when the renovation would be completed. I cannot go beyond the explanations of the government for now.”
Falana said, “The crisis in Rivers State, in all its ramifications, has been decided by our courts one way or the other. The position of the court in the case of the impeachment of Governor Ladoja of Oyo State, where some legislators sat in the House of Assembly and purported to have removed the governor. The Supreme Court made the point that legislators cannot sit outside the Assembly complex.
“But the explanation being offered today is that since the House of Assembly is being demolished and it’s to be renovated, the governor decided to address the house, but whether he can do that in the State House is another matter entirely. Because the Supreme Court had made the point that you can only conduct the business of the house in the House of Assembly complex.”
On whether four legislators could pass the appropriation bill of N800 billion, Falana lamented that these matters had been taken care of by the court, but the political class found it difficult to obey the rule of law.
He said, “It should bother every Nigerian that the Houses of Assembly are not independent today even at the national level. In the Second Republic, you could predict where the PRP and the Unity Party of Nigeria would vote for, ditto for the NPN, the ANPP and the GNPP. But today, there is no form of ideological difference among the legislators, hence budgets are passed without any serious debate.
“When legislators are asked to screen nominees of the president or the governor, they simply ask them to take a bow, which makes a mockery of the constitution.
“My advice is that all the parties involved in the crisis would have to go back to the constitution, and would have to embrace the rule of law. There is a judgement of the court, and there is a declaration by the speaker that those who defected have lost their seats. Those who are dissatisfied will have to challenge the declaration by the speaker.
“INEC is also being called upon to conduct fresh elections to fill the vacant positions. So, as far as I am concerned, all the parties would have to go back to the provisions of the constitution, consult their lawyers so that they can take appropriate decisions.”
Nigerians React to Crisis
Some prominent Nigerians intervened in the political crisis in Rivers State, defending Fubara and democracy, and at the same time, reprimanding Wike.
Former Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, called on Tinubu to intervene in the ongoing crisis in Rivers State, and save the state from going up in flames.
Dakuku, in a statement, said as a leader and stakeholder in the affairs of Rivers State, who had personally invested a lot in the development of the state, he could not watch as the stability and development of the state were being sacrificed on the altar of selfish political agenda, ego, and narrow interests of a few.
He warned that “Rivers State was gradually sliding into total anarchy” and as a statesman, he could not afford to fold his arms and watch the destruction of the state and institutions of democracy.
Likewise, former Deputy National Publicity Secretary of APC, Yekini Nabena, cautioned Tinubu against taking side or dabbling into the political crisis in Rivers and Ondo states.
Nabena, in a statement, said the president and the ruling APC must respect the constitution of Nigeria in respect to Ondo and Rivers states.
He said, “President Bola Tinubu must not play politics with the two states. He must show that he is a democrat and not a dictator. The constitution of our nation must be recognised and respected at this time in Rivers and Ondo states.”
Similarly, the women wing of Ijaw Youth Council (IYC) worldwide urged women to support Fubara, amid the political crisis rocking the state.
The women made the call yesterday, in a statement signed by National Woman Leader of IYC, Florence Jaja.
Jaja said the reason for the support was to enable the governor deliver the mandate given to him by Rivers people. She added that their support was not based on ethnic sentiment, but to encourage the governor with his ongoing effort in the development of the state.
On his part, Chancellor of the International Society for Social Justice and Human Rights, Dr Omenazu Jackson, demanded the immediate vacation of the parliamentary seats in the Rivers State House of Assembly by the defected lawmakers.
Jackson, who spoke with THISDAY in Port Harcourt, said according to the constitutional provisions of the 1999 Constitution, as amended, the 27 lawmakers, who abandoned their mandate to embrace the opposition APC in the state had ceased to be lawmakers in the house.
He stated, “The APC federal government should not encourage lawlessness and should not be beneficiary of crime and criminal boldness of some Nigerians.”
