Pampering political misbehaviour in Rivers

By Alabi Williams / posted June 24, 2024

After six months of nurturing, the political lawlessness in Rivers State is ready for harvest. A policeman and a member of a local security outfit were killed last week, at Omuma Local Government Area. The other causality is obviously the suspension of good governance.

The government is distracted and there is suspense everywhere, with police abandoning their duty posts to take over the 23 local government secretariats and other critical infrastructure in the state. All that madness could have been avoided if the three arms of government applied the Constitution of the Federal Republic.

On December 11, 2023, the dislocation between Governor Fubara and his former godfather, Nyesom Wike, deepened when 27 lawmakers of the State House of Assembly, who were elected on the platform of Peoples Democratic Party (PDP), abandoned their party to join the All Progressives Congress (APC), alleging division in their former party. They performed that act amid tight security.

The 1999 Constitution is clear on when a lawmaker shall cease to exercise the right as member of the legislature. Section 109 1(a) provides the grounds for that to happen, and the sub-section (g) says, “being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.”

A proviso is added; that if the departing lawmaker could justify that his previous party had experienced division, or gone into a merger of two or more parties, he could depart in peace. Otherwise, the restless lawmaker has forfeited his seat.

Since that December 11, it’s been back and forth in the Judiciary, the significant arm that is charged by the Constitution to regulate conduct in the public space. In this democratic republic and elsewhere, it is the responsibility of the judiciary to shed the light when politicians become mischievous and unruly.

Unfortunately, for Rivers, the judiciary seems unable to detach itself from crass partisanship. The 27 lawmakers who abandoned their former party and the three lawmakers left behind in the PDP shop at different courts for what is favourable. They are often obliged.

Earlier, the Presidency had dabbled into de-escalating the crisis, offering what was supposed to be a political solution. The first was a sideline opportunity during a meeting of the Police Council in November 2023, which was attended by Wike and Fubara. It was the Bauchi State governor, Bala Mohammed, chair of the PDP Governors’ Forum who advertised the peace move.

Despite Governor Mohammed’s enthusiasm, the peace deal lacked truth and wasn’t organic. Commentators noted then that the President had no business meddling in another party’s affairs. They added that he couldn’t be a fair mediator in Rivers’ crisis because he is a beneficiary and instigator. Besides, it’s constitutional for the Judiciary to deal with it.

Matters deteriorated faster and on December 18, 2023, the Presidency summoned the major actors in the conflict, Wike, Fubara and their supporters to the Villa. At that meeting, it was proclaimed that the President secured commitment of the warring sides to abide by a set of eight resolutions, which they signed. Among other signatories to the resolutions were; the National Security Adviser to the President, Mallam Nuhu Ribadu; the Rivers Deputy Governor, Dr. Ngozi Ordu and Speaker of the Rivers Assembly and loyalist of Wike, Martin Amaewhule. Former governor Peter Odili was reported to be at that meeting.

Among the resolutions, it was agreed that all matters instituted in courts by the two parties be withdrawn; that the impeachment proceedings initiated against the Governor by the pro-Wike lawmakers be dropped; recognition for the Amaewhule-led 26 lawmakers and return of all pro-Wike commissioners who earlier resigned; unfettered meetings of the House of Assembly wherever and whenever they decide to meet; and that there should be no caretaker committees for local government and their dissolution is not to be recognised. Nothing was said about the constitutional question of 27 lawmakers who left the PDP for APC. How the Governor was expected to function with a House administered by opposition party members was not part of the deal.

Rivers residents and many Nigerians lamented the day Fubara put his signature on that piece of paper, handed him in Aso Villa, claiming he was forced to sign. They alleged that the script had been prepared by the Presidency to give Wike the upper hand to continue to dominate the politics of Rivers. Wike had earlier lamented that nobody should tamper with the political structure he had put in place for eight years. Fubara returned home defanged, preaching peace and faithful commitment to the eight-point resolution.

Chief EK Clark and other citizens of the South-south were furious that Fubara fell for the bait. At a press conference, Chief Clark alleged that Fubara had been “ambushed and intimidated” into signing the peace agreement. He said: “President Tinubu should know that with all the powers he possesses, he cannot override the Constitution. From all that transpired at that meeting, the laws of the land have not been obeyed. President Tinubu simply sat over a meeting where the Constitution, which is the fulcrum of his office as President and which he swore to uphold and abide by was truncated and desecrated.”

That did not stop Fubara from going ahead with his own side of the agreement. The commissioners who resigned, returned and the House continued to sit at a place of their choice. But things had fallen apart and the Abuja agreement became a hollow document that couldn’t secure lasting peace. Both sides soon returned to the trenches and governance became more polarised, with just three lawmakers providing legislative cover for the activities of the Executive.

The Constitution did not assign the role of lawmaking in the state to only three lawmakers. But the crucial matter that was ignored in the Abuja agreement, that of Section 109 1 (g), continued to haunt the state. The 27 lawmakers expect the governor to endorse their activities. They amended the local government law to elongate tenure of elected council officials by six months. Their tactics, along with their mentor in Abuja is to ensure that their faction (Wike’s political structure) continues to dominate Rivers grassroots. It’s crucial for subsequent elections.

But a smarter Fubara has matured to understand he must take charge. When local government chairmen are motivated to disregard the government of a state, that government must find ways and means to cut them to size. That is what Fubara has done. He refused to acknowledge the activities of the 27 lawmakers. He also stopped the flow of funds for the administrative convenience of the council chiefs. That is what you get when democratic operators fail to abide by the Constitution, chaos.

Section 7 (1) of the 1999 Constitution provides that “the system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall subject to Section 8 of this Constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils.” The government of a state is comprised of the executive, the legislature and the judiciary. No one arm can do whatever they please.

Last week’s violent upsurge was the natural continuation of the fracas. The State Government constituted caretaker committees to take over from the former council administrators, but without the input of estranged lawmakers. There was resistance and citizens decided that they had had enough of political mischief. It is hoped that the Rivers crisis is not allowed to deteriorate beyond the two deaths officially acknowledged by the police as well as the destruction of the House of Assembly Complex, which Fubara earlier ordered in the effort to preserve his office. The thing to do is let the judiciary adjudicate impartially on Section 109 1(g). That’s the crux of the matter.

President Tinubu’s June 12 treatise on Democracy Day gives hope that he will allow democracy survive under his watch. He is going to be held accountable if Rivers polity degenerates. He is the encourager of Wike and he needs to resign from that costly pastime. Governors should stop insisting that their preferred candidates take over from them by hook or crook.

Wike has confessed to the whole world that he enthroned his successor by all means known to law and outside of it. He shielded Fubara when the Economic and Financial Crimes Commission (EFCC) wanted to question Fubara, who was then managing the accounts of Rivers State on behalf of Wike. Now that Fubara has seen the light and repented from an unprofitable dalliance with Wike, the latter should know that the game is over.

It’s a partnership that’s gone bad, which was not designed to benefit Rivers people. Fubara has promised that the tenure of the former governor will be probed and that of the council administrators as well. The Augean Stable must be cleansed and this is the example governance must take in states. Godfatherism is a plague that destroys probity and accountability.

Kaduna people have also seen the light and are urging the State Assembly to invite the EFCC to pry into the books former governor El Rufai left behind. Governor Hyacinth Alia of Benue State is also of the mindset to set the state free from predating godfathers. He should be encouraged.

The Police that have provided back-up for the one-sided activities of the 27 lawmakers have deployed troops to occupy the 23 councils. On the day the lawmakers declared their insurrection, the police was on record to have tear-gassed the governor.

Let the police be reminded of the harm the misuse of Federal Police caused in the First Republic’s Western Region. In Rivers, they’re likely to meet with stiff resistance. That is not the way to go.
Note: This article was first published by The Guardian Newspaper.
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