Dissolution Of Obio/Akpor Council In Order – Lawyers

Rivers State Governor, Rt Hon Chibuike Rotimi Amaechi (right), presenting an Award to former Governor of Rivers State, Chief Rufus Ada-George, at the Centenary Dinner/Award Night in Government House, Port Harcourt, last Saturday.

Legal experts have backed Governor Chibuike Amaechi on the dissolution of Obio/Akpor  Local Council last  Thursday.
Rivers State Attorney General and Commissioner for Justice, Worgu Boms told newsmen at the weekend in Port Harcourt that the governor acted within the ambit of the law as provided by the Rivers State Local Government Law No 2 of 2012.
Boms said those who claim that the judgement of Justice Iyaye Laminkara restrained the governor from exercising his constitutional rights do not understand the law and are misinterpreting it to suit themselves.
According to him, the judgement does not,” grant absolute reprieve against the governor from doing anything concerning the council in whatever form.”
He argued that it was erroneous to interpret some parts of the judgement as an annulment to the powers of the governor,” there is no part of Justice Laminkara judgement where the powers of the governor were shut out.
“She did not declare any part  of it to be unconstituional or invalid, it means they remain extant provisions under our law,” he declared.
The Attorney-General who read the Local Government Law N0 2 of 2012 maintained that the law provides that if any local council is indifferent to this law, then the governor can invoke his executive powers.
Even Justice Laminkara’s judgement made available to the press on page 20 supports the Governor’s action as it read thus: “…where the Governor is not   satisfied that the council is in default of the provisions of the Local Government Law or has engaged in any activity that is detrimental to the corporate existence of the State or Local Government, in circumstances where the House is not in session and where the Governor is satisfied that the issue is serious and breach of the peace and public order is likely, he may proceed to dissolve the Local Government Council and request the ratification of the House of the Assembly within seven days of resumption of sitting of the House”.
The Rivers State Commissioner of Justice insisted that the power to dissolve the council does not in anyway amount to contempt of court as provided by the Local Government Laws.
However, he advised that if the Local Government chairman feels that he is not satisfied he can go back to the courts, warning that anything contrary to this is an invitation to anarchy and disrespect to the laws of the land.
The same view was held by human rights activist and democracy advocate, Barrister Ken Atsuete who believed that the governor’s powers to dissolve local councils is sacrosanct.
In his words, “those brandishing the contempt of court judgement does not have a full grasp of the matter”.
He stressed, “since the claimant is challenging the powers of suspension…and as far as the court is concerned, the issue of dissolution is not touched because the governor has specific powers to do so.”
Atsuete warned those threatening to cause trouble in the area to desist, as the constitution provides the rights of citizens to life and property, while calling on security agencies to be alert and deal with mischief makers.
Meanwhile, Head of Local Government Administration of Obio/Akpor Council, Mr Singer Azubuike Singer said he has resumed duty as administrator of the council as directed by the state governor even though nothing has been handed over to him formally.
He told reporters last Friday that nobody barred him from entering the premises and promised that his responsibility was to ensure peace and tranquility, while urging workers to go about their normal business without fear of molestation.
Mr Singer however warned those doing business with the council to pay revenue to the banks and not to any agent, “if you pay to any individual, then, that is at your own risk. Everybody should do things within the confines of the law.”