Comrade (Engr) Igbini Odafe Emmanuel, a constitutional and pro-democracy activist and a mutual friend of governor Fubara and former Governor Wike, once again reacts to the degenerating state of politics in River State. In this interview, he insists that the defections by the Rivers state lawmakers and the laws they made thereafter will be validated by the Supreme Court, while also lamenting that Governor Fubara allowed himself to be misled to wanting to commit some serious constitutional infractions and make self-indictments through some of his recent outbursts. However, he restates his commitment to reconciling both of them......Read The Full Article>>.....Read The Full Article>>
The situation has badly degenerated in Rivers State between Governor Fubara and former Governor Wike, nearing a state of breakdown of law and order. Did this come to you as a surprise, knowing full well how you have relentlessly worked hard to reconcile both of them?
I will not say it came to me as a surprise in the sense that you asked the question. This is because I am daily in touch with both of them and therefore privy to the daily trends of events. Instead, I will say that I am so pained in my heart that they still allowed the situation to degenerate to the point of making politics and governance of Rivers state an object of global ridicule. It has never been so bad in recent political history of the state. It is sad and a shame! But I am still optimistic that reconciliation will be achieved soon; hence, the profile picture on my social media handles remain the picture of both of them together plotting their strategies for the election victories of Fubara as governor and Tinubu as President
Who do you blame for this sad situation?
I blame both of them, but more blame goes to Governor Fubara, who in recent times have allowed himself to be deceived and misled by some lawyers and politicians within and outside Rivers state to believing that the 26 legislators who defected to APC have lost their seats and therefore he is at liberty to do whatever he likes and run the state without recourse to the 1999 Nigerian constitution, as amended, and the laws made recently by these lawmakers who defected.
He now thinks and acts as if the executive powers vested in him by the Nigerian constitution, are at large. This is part of the reason for his recent outbursts, boasting that the existence of these legislators is the result of his benevolence and that he can decide at will to de-recognise them, which he attempted to do few days ago when he stormed the temporary venue of the Rivers State House of Assembly following his demolition of the permanent complex situated on Moscow road in Port Harcourt. While I agree with him that it is very provoking to hear some overzealous supporters of Wike make very irrational, childish and irresponsible comments against him, with one of them going to the ridiculous extent of publicly threatening to declare war on him and boasting to defeat him, but these are not enough good reasons for him to descend to their level with his reactions. Governor Fubara knows how so strongly I swiftly condemned these irresponsible behaviours of some of these overzealous supporters of Wike and bring same condemnation directly to the attention of Wike. But I also continued to advise him to ignore them and focus of delivering good governance to the people of the state which they can’t and have not hindered in any way. The daily words of wisdom I share with him and Wike is that: wisdom and strength are not two opposing values; which literally means that though he has enormous powers as governor of the state he must be very careful and wise exercising same no matter the provocation.
But the new battle between him and his former boss, Wike, seems to be the takeover and control of the state legislators as we have seen him now restore and recognize a 3-man legislator and have them screen and confirm his new nominee for appointment as Attorney General and Commissioner for Justice while also obtained an interim Order of Rivers State High Court to stop the 26 lawmakers from sitting and parading themselves as members of the legislature.
I have been wondering and asking him, how on earth he thinks any governor would succeed in administering a state without being in firm control and or enjoy the loyalty of majority of the total number of legislators of the State? This is practically impossible in democracy across the globe. I made it clear to him that many, if not all past Governors and Presidents of Nigeria committed a gross misconduct that justify their removal from office by the legislators but they went scot-free only because they have control and loyalty of majority members of the legislators. But his case is a different, ab initio. He has only four while Wike is in firm control of over two-third of the legislators. Politically and legally speaking, he lost it to Wike, ab inito. His resorting to attacks and attacks against these legislators won’t help him. I have repeatedly told him.
Few days ago, you publicly disagreed with Femi Falana SAN who reiterated his position that the lawmakers who defected have automatically lost their seats and recognition as lawmakers and he went ahead to justify the decision by governor Fubara to recognise and relate with a 3-member legislature.
What are your reasons for disagreeing with him and so many SANs who hold same position as he?
With profound respect to him, my senior compatriot in the struggle for better Nigeria, I did not only disagree with him in public but I brought it directly to his attention. I also accused him of creating more confusion on this matter as a result. This is the whole truth and one of the reasons Governor Fubara is now acting the way he is doing because the legal opinions of Falana, are often taken so seriously by governments and Nigerians, not even when some are wrong. It should be so elementary for us to know that from the clear and unambiguous letters and spirits of sections 90, 91 and 96 of the 1999 Nigerian constitution, as altered, there can never be a constitutionally valid State House of Assembly anywhere in Nigeria with fewer than eight legislators sitting and performing legislative functions after its inaugural session. No, please!
Any such gathering of elected state legislators of fewer than eight members is mere sitting that can be rightly described as friends having funs at a relaxation joint. With due respect! Their discussions and decisions will have nothing to do with making valid laws for peace, order and good government of a state as contemplated by section 4 of the 1999 Nigerian constitution, which stipulates the constitutional duty of the legislature. Once the provisions of these sections of the Nigerian constitution are not met, it automatically means there is no valid legislative organ of government in existence at that point in time in that state. Simple! Second and very important for me to point out and stress is the fact that there can never be a constitutional democracy and a constitutionally elected democratic government without the existence of constitutionally constituted legislative organ of government being what I have consistently described for over 30 years, as the soul, heart and distinct symbol of constitutional democracy. We have had years of military regimes in Nigeria without the legislative organ of government hence these regimes are rightly described as undemocratic and vehemently rejected as a form of government.
In this case of Rivers state, if we assume without conceding that Falana’s position is correct and in line with the section I quoted, to the effect that there exist only three valid legislators, it therefore means that for now there automatically ceases to be a constitutional democratic government and constitutionally democratically elected government in Rivers state. Governor Fubara can therefore not function as governor for now until and unless a minimum of one-third of the thirty-one member legislators exist. Governance will have to be shut down or alternatively, the National Assembly invoking its power under section 11(4) of the Nigerian constitution takes over full legislative functions of Rivers state.
Now you see why I said he only created more confusion?
So, why don’t you agree with him and others SANs that the legislators who defected automatically lost their seats?
My major point of disagreement with them is the use and interpretation of the word: automatically. As an Engineer and in Engineering term, automatically describes a system programmed to immediately come into effect and act without any external input signal or command to do so. These days we drive cars that are equipped with automatic gear systems that are different from that of manuals. And the question I have been asking for years each time we see legislators at National and State Assemblies defect to other political parties and the political parties that lost these members demand that they automatically lose their seats, is: where is it written or implied in Nigerian constitution particularly section 109 they often rely on, that such defections must automatically trigger the reaction of losing their seats? I have not seen any such. I stand to be corrected.
Secondly, who is in the right and better position to dispute the claim by defected legislators that there exist in their opinions, a dangerous crack, an irreconcilable disagreements or irreconcilable division among critical members of their political parties at National and or State level to the extent that such situation would make it practically impossible for them to discharge their constitutional functions and bring good dividends of democracy to their people who elected them? The situation is similar to my long held view that the nominations or mode of nominations of candidates by political parties for general elections should be treated as strictly the internal affairs of political parties that must not be interfered with by INEC or others who are not members of the respective political parties. I am happy that the Supreme Court of Nigeria now agrees with me and aligns its judgments in this line.
These Rivers state legislators insist that they see irreconcilable disagreement, division and destructive crack at the National level of PDP which is making it impossible for them to discharge their duties as legislators and deliver good dividends of democracy to their people who elected them. They cited the case of the legal battle before competent court of law instituted by the National Secretary of PDP, Senator Samuel Anyanwu. They also mentioned similar defection by another legislator in another state from PDP for same reason.
Did we also not hear former Deputy Speaker of House of Representatives and former governorship candidate of PDP in Imo State, Rt. Hon. Emeka Ihedioha, giving same and even very many more evidence of the lingering crisis, irreconcilable disagreement and divisions among chieftains of PDP at National level as reason for his recent decision to quit the PDP? Are we all not living witnesses to the huge disagreement and divisions at the National level of PDP, before, during and after the 2023 Presidential election which saw the emergence of G-5 of five incumbent PDP governors? Did we not also see what transpired recently at its first post-2023 general election NEC meeting where the crack and division got even wider and more destructive? So, what other evidence do Falana and others want to see that there was and is crack or division in PDP that impeded and impedes the smooth functioning of these Rivers state legislators? If Falana still insists then he should apply to be joined in the suit in court as an interested party with valid locus standi in order to prove his case, other than that, he has no case at all.
Since the matter is pending at the court what do you expect as the outcome?
First, I see this matter travelling all the way to the Supreme Court for final determination. Second, I see the Supreme Court validating the defections of these legislators, their recognition as legislators and also all the laws they have made after their defections. It will pronounce that the laws are constitutionally made in line with section 100 particularly subsection 5, of the 1999 Nigerian constitution, as amended, and therefore incumbent on governor Fubara to unconditionally implement in accordance with section 5 of the Nigerian constitution. This is the more reason he has to be very careful disregarding these laws made by the legislators because doing so has very serious constitutional implication and this I don’t want to see happen to him as my dear brother
Finally, what is your take on Fubara now claiming that there is nothing constitutionally binding on him to implement from the 8-point Peace Accord initiated and concluded by President Tinubu?
Honestly, I am still surprised that he is allowing himself to be misled in not implementing this last item of his part of the Accord which I keep telling him is the easiest of them all he has implemented. This is just directing anyone in his cabinet to go represent the 2024 budget before the legislators since he does not feel comfortable appearing before them in person for now. The constitution did not say he must do so in person, after all, we saw President Jonathan send his then minister for finance to go lay the annual budget before the member of the National Assembly. But let me even correct the misinterpretation being given to the contents of the Peace Accord to present them as unconstitutional impositions on Fubara and the legislators.
First, let me state that there was no valid constitutional impeachment process commenced last year by the legislators against Fubara because till date there is no evidence of the member or members who wrote a letter to the Speaker stating the alleged offences committed by the governor that amount to gross misconducts warranting his removal from office. Second, till date, there was no impeachment notice served on the governor.
The governor only took that drastic measure by storming that hallowed chamber to forestall any such move because he believes that anything is possible in politics of Rivers state and he does not want to be sent packing only to start fighting from outside like Peter Obi and Ladoja did in the past. So asking that the legislators withdraw their impeachment notice does not make any meaning because it never existed ab initio. On the part of the governor, all six items he was asked to implement are items that are constitutionally incumbent of him as governor to implement except one. Is he not to present the budget before the legislators? Is he not to release funds for the remuneration and allowances of legislators and the legislative staff? Is he not to allow smooth running of the legislature? Has he the power to choose not to recognize the legislature consisting of the 27 members and where they choose to sit in the interim? Has he the power to impose Caretaker Committees to run the local government councils without the approval of the legislators? The only one that is not incumbent on him is the reinstatement of the Commissioners who resigned as a result of the misunderstanding between him and Wike.
