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For The Record

‘Governance, Security, Sustainable Dev In Africa: Nexus, Challenges, Prospects’

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Being the text of a lecture, delivered by Rivers State Governor, Chief Nyesom Wike to participants of the Executive Intelligence Course Fourteen (EIMC14), National Institute for Security Studies on Tuesday September 28, 2021 in Abuja.
Excerpts.

Preliminary remarks.
Let me begin by thanking the Commandant of the National Institute for Security Studies for inviting me to this august gathering and the honour to share some of my thoughts on the subject matter with the participants of the Executive Intelligence Course 14. I wish to also appreciate all the participants who have come from within Nigeria and the West African region to participate in this discussion.,
I was asked to speak on the topic “Governance, Security and Sustainable Development in Africa: Nexus, Challenges and Prospects – the experience of Rivers State.”
While this is an important theme that speaks to the contemporary and contending issues of governance, security and sustainable development in Africa, I wonder why Rivers State, a sub-national unit, should be the metaphor for addressing these fundamental issues concerning Africa.
Well, the Commandant has his reasons, which I do not intend to question. For me, a very senior military officer has commanded me, a bloody civilian, to speak and I am here in obedience to his ‘command.’ And so let me again thank the Commander for this rare privilege of speaking before top security and intelligence officers drawn from the West African sub-region.

Now, to the business of the day.

  1. Introduction.
    With over 1.3 billion people, Africa is the second most populous continent in the world with youths constituting over half of this population. The continent is blessed with enormous mineral deposits, large arable land and favourable climatic conditions. Indeed, Africa is a continent with great and profound socio-economic opportunities.
    However, despite being great in human and natural resources, Africa is yet to achieve its overarching socio-economic objectives of meaningful development and ensuring decent living conditions for the vast majority of its population.
    Poor governance, economic dependency, rapid population growth coupled with climate change and uncontrolled exploitation of natural resources continue to degrade the continent’s environment such that floods, epidemic diseases, deforestation, desertification and pollution have become common spectacles across the continent.
    Almost all African countries are characterized by a combination of weak and ineffective economic and political structures, unimpressive economic growth, and lack of development. Poverty is on the increase with Nigeria and sub-Saharan Africa notoriously hosting the world’s poorest people who are living daily below the poverty line of USD 1.20.
    Unemployment, especially among the youth, remains troubling while per capital income, life expectancy, access to healthcare, education, water, housing and social security is abysmally low. No African State was able to meet the Millennium Development Goals, while the Sustainable Development Goals may equally continue to be shifting targets.
  1. Lately, the continent is increasing enmeshed in the insecurity and instability, including the resurgence of coups in the West-African sub-region, protracted intra-state armed conflicts and terrorism, with adverse consequences to the continent’s livelihoods and sustainable development.
    The reasons for Africa’s miserable living conditions and the solutions thereof have continued to elicit lively debates from both political, academic and learned circles. However, among several factors, there is consensus around the preconditional role effective governance and human security can play in advancing sustainable development in Africa.
    Therefore, taking Rivers State as a metaphor, this paper interrogates the concepts of governance and security as core aspirational values for driving the achievement of sustainable development for Africa.
    The paper is structured sections. Part one is the introduction, while part two considers the theoretical concept of sustainable development. The third segment looks at the relationship between governance and sustainable development. Similarly, part four considers the relationship between security and sustainable development, while the fifth section deliberates on the challenges of sustainable development in Africa. Part six discusses the prospects for sustainable development for Africa. Part seven then discusses the experience of Rivers State in driving sustainable development at the subnational level. The paper ends in parts eight with some conclusive remarks and recommendations.
  2. The concept of sustainable development.
    Generally, the concept of development was taken as the process of improving the quality of human lives through the provision of basic necessities such as food, shelter, water and sanitation, job opportunities, healthcare, education and social security.
    However, the link between development and the environment led to the idea of sustainable development, as an alternative development strategy for improving the living conditions of human population without degrading the environment.
    The World Commission on Environment and Development, which first enunciated this concept, defines sustainable development as “development that meets the needs of the present generation without compromising future generations to meet their own needs.”
    In Africa, the African Union adopted the “Agenda 2063 – the Africa we want,” which together with the United Nations’ 2030 Agenda for Sustainable Development, brought to the fore the three dimensions of sustainable development, that is: economic growth, ensuring social inclusion and achieving environmental sustainability, as the policy goals for achieving better living conditions for present and future generations.
    Both agendas call for action through change and transformation to end poverty, combat inequality and social exclusion, promote human rights and dignity, protect the planet and ensure that all people enjoy security, peace and prosperity while tackling environmental degradation, natural resources depletion and institutional weaknesses that undermine the achievement of these social goals.
    Conceptually therefore, sustainable development places emphasis on qualitative improvement in the living conditions of people and the need for development efforts to be galvanized towards this course.
    Over the years global, regional and national efforts have concentrated in mobilizing for the realization of sustainable development with varying degrees of success and achievements.
    However, across Africa, the development path has largely been more of disappointments and shifting targets as the majority of the continent’s population is still unable to enjoy sustainable access to improved and equitable economic, social, cultural and political conditions.
  3. Governance and sustainable development.
    The concept of governance is inclined to different but related definitions. To some scholars, governance is the effective exercise of political and administrative authority and control for the purpose of advancing human progress and wellbeing. To some others, governance includes not only the government but also the private sector and civil society.
    The Commission on Global Governance defines governance as “the sum of the many ways individuals and institutions, public and private manage their common affairs.”
    The World Bank considers governance as the exercise of authority or power in order to manage a country’s economic, political and administrative affairs or the manner power is exercised in the management of a country’s economic and social resources for development.
    The United Nations Development Program (1997) also evaluates governance as “the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. It comprises mechanisms, processes and institutions through which citizens and groups articulate their interest, exercise their legal rights, meet their obligations and mediate their differences.”
    From a practical point of view, governance is the ability to exercise authority, political or otherwise, within a defined social jurisdiction to manage public resources to advance public interest and meet public needs.
    This being so, governance is about management and performance; the ability to make and implement decisions and policies to advance social progress and because the expected outcome of governance is to improve human conditions, governance is often seen as the foundation of development.
    However, governance by itself does not guarantee human progress. What does is good governance, which among other things, reflects participation, inclusiveness, responsiveness, effectiveness, accountability, equity, rule of law and respect for human rights.
    Since sustainable development is about improving the material wellbeing of all citizens without compromising the material interest of future generations, it constitutes fundamental goals and aspirations, the realization of which is practically dependent on the effectiveness and commitment of the institutional and structural frameworks of good governance and social partnerships.
    Furthermore, governance relates to the process of interaction, decision-making, resource mobilization and the implementation of policies to achieve social and economic goals and therefore in control of the entire process for driving sustainable development, including harnessing and investing available resources to sustainably achieve economic growth and deliver basic physical and social infrastructures, including healthcare, education and jobs to advance the wellbeing of citizens in an equitable, fair, inclusive and just manner.
    Therefore, the nexus between governance and sustainable development lies in the fact that good governance is the foundation, without which human progress, be it economic, social and ecological cannot take place. Besides generating the stable environment, good governance also controls the entire process that leads to the realization of sustainable development.
  1. Security and sustainable development.
    Security is generally understood as freedom from danger or threats to an individual, society or a country. Therefore, an individual is secure if he is protected from any physical harm to his person or property. Similarly, a society or country is secure if it has the ability to ward off external aggression or it can prevent citizens and their property from all forms of security threats, including crime and violence.
    Naturally, the State or government bears both legal and moral responsibility to guarantee and ensure the right of people to a secure existence is guaranteed and enjoyed by the citizens to the fullest.
    However, security concerns have since shifted from the preservation of national and internal security, to encompass human security, which ties the security of the State to its capacity to meet the livelihood needs of the people.
    Decades ago, the UNDP had correctly observed that:
    “the concept of security has for too long been interpreted narrowly: as security of territory from external aggression…For most people, a feeling of insecurity arises more from worries about daily life than from the dread of a cataclysmic world event. Will they and their families have enough to eat? Will they lose their jobs? Will their streets and neighbourhoods be safe from crime? Will they be tortured by a repressive state?”
    The purpose of human security is to protect the vital core of human lives in ways that enhance human freedoms and human fulfilment; which means, protecting fundamental freedoms that are essential to human existence and creating the political, social, environmental, economic, military and cultural systems that together give people the building blocks of survival, livelihood and dignity.
    Thus, for Maman, “security means much more than the absence of war;” or the “presence of military force;” it includes and extends to other vital ingredients, such as, access to education, healthcare, human rights, the right to healthy environment and the ban against needless arms proliferation.
    According to the UNDP, human security borders on seven elements: economic security, health security, food security, environmental security, personal security, community security and political security.
    While poverty, unemployment and lack of access to social safety-nets are some of the common threats to economic security; inadequate supply of water and sanitation, the prevalence of diseases, pandemics, physical and emotional violence, inadequate access to child and maternal healthcare, bad roads and broken transportation systems are all known threats to health security.
    Also, lack of adequate or high cost of food, insufficient nutrition and failed agricultural policies are considered as potential threats to food security; while lack of protection against war or threats of war, violence, crime, banditry, kidnapping, terrorism, rape, drugs, child and gender abuses constitute threats to personal security.
    Air, land and water pollution and lack of access to sanitation are some veritable threats to environmental security; while the breakdown of social systems constitutes threats to community security; just as lack of respect for human rights, the rule of law and human dignity and lack of credible electoral systems are threats to political security.
    Like governance, security and sustainable development also link together in a mutually interdependent and reinforcing relationship. While there can be no security without sustainable development; the latter is meaningful or acceptable only when it results in human security.
    It therefore means that human security is both an existential precondition and dynamic process for sustainable development.
    As an existential precondition, it advances the inherent interest of peoples and society to be free from pervasive threats to their rights and freedoms, safety and improvements in their standards of living. In this context, security actually equates sustainable development.
    As a dynamic process, human security implies the measures and policies necessary to realize a wholesome state of existence that is characterised by freedom from pervasive threats to the rights, safety and livelihood of people.
    This being so, the provision of security is as well a precondition for the creation of the peaceful and stable environment for governance to function and implement the necessary policies for advancing sustainable development.
    Indeed, there can hardly be security amidst starvation, peace building without poverty alleviation and no true freedom and development can be achieved on the foundations of injustice.
    What this means is that security in its extended connotation is an inherent part of sustainable development and the extent to which governance and policy-makers are able to tackle the economic, environmental and social threats to human security also determine the level of development a country could achieve and sustain as sustainable development cannot be achieved in atmosphere of economic chaos, social conflict or social disorder.
  2. Challenges to sustainable development in Africa.
    (i) The crisis of good governance.
    Africa’s young and fast-growing population requires jobs, infrastructure and services to prosper, which only a purposeful government can provide.
    We all know that security, stability and progress demand responsive governance. Progressive economic growth, gainful employment and prosperity rely on appropriate enabling fiscal measures and friendly business environment, which only effective governance can guarantee.
    Environmental sustainability and eradication of poverty cannot be achieved by wishful thinking; only a determined and committed government with the right policy measures and effective resource mobilization can.
    Also, productive and progressive investments in social and economic infrastructure such as railways, roads, sea and air ports, education, healthcare, and social security are made and driven only by sound and sustainable government policies and reasonable financial commitments. Furthermore, a sense of social justice, equity and inclusiveness is fundamental to achieving peace, security and sustainable development, which only good governance can guarantee.
    Thus, among other structural and institutional variables, nothing can be more relevant to the progress of society than the practice of good governance led by visionary, effective and transformational leadership as essential preconditions for effective democracy, the rule of law, sustainable development and enhancing the living conditions of ordinary people.
    Unfortunately, poor governance and bad leadership models continue to characterize Africa’s political, economic, security, and social landscape. As a commentator ones argued, Africa’s problem is that it has never known good governance.
    While this may be an extreme view, the fact is that most African countries are less than impressive in the implementation of the sustainable development goals and lack of good governance remains the primary reason for the crisis of development across the continent.
    African States cannot continue to rely on over centralized and personalized forms of government lacking in true democracy, responsiveness, accountability, the rule of law and judicial independence, equity, social justice, and inclusivity and expect to achieve sustainable development.
    What’s more, centralized governance structures and weak or political compromised institutions have proven to be inefficient, corrupt, predatory and ineffective in the formulation and implementation of sustainable development policies, just as the associated leadership failures and institutional weaknesses continue to undermine, stifle and prevent good governance, economic growth and sustainable development from taking roots in Africa.
    In Nigeria for instance, centralization of power and lack of fiscal decentralization has resulted in poorly functional sub-national states and local government areas, which are largely detracted by resource-dependency, chronic budget shortfalls and intuitional limitations to deliver on their responsibilities for economic growth and provision of infrastructure, education, healthcare, employment generation and food security and improve the wellbeing of the citizens.
    I cannot agree more that Africa’s progress towards sustainable development is limited by the continent’s failures to get it right with challenges of governance. Africa must therefore first get its governance system right to make serious headway in the realization of the sustainable development goals.
    (ii) Lack of appreciable economic growth.
    Allied to good governance constraint is the limited economic growth with which to drive development. Apart from being the world slowest growing region, Sub-Sharan Africa also risks falling further behind the rest of the world with very slow economic recovery occasioned by the lack of access to covid-19 pandemic vaccines.
    Although the African Development Bank has posted a somewhat positive 3.4% real gross domestic product growth for Africa in 2021, the International Monetary Fund saw this figure as grossly insignificant to the continent’s growth and development needs.
    Also, Nigeria unexpectedly posted an impressive 5% GDP for second quarter 2021, but like other extractive-resource dependent countries, the sudden and impressive increase in GDP is statically suspicious as against the less than 1% performance of the first quarter.
    At any rate, the much-celebrated GDP growth rate translates to little real economic values and anything to applaud given the prevailing high inflation, prohibitive cost of stable food items, ever increasing debt profile, the free fall of the naira, rising unemployment, embarrassing mass poverty and the federal government’s apparent lack of capacity to mobilize reasonable domestic revenues to fund development.
    What this tells us is that despite the optimism about an Arica’s possible economic rebound post Covid-19, the continent would continue to need hundreds of billions of United States Dollars in external funding, including loans to support its future growth and development needs for the next five years.
    And as we all know, reliance on external loans and development financing erodes independence on resource application and when this is coupled with corruption and other leakages, including illicit transborder funds transfers, the result is the continuing limited ability of African countries to mobilize adequate domestic savings to prioritize the necessary economic investments for achieving improved GDP growth, socio-economic progress and development goals in a sustained manner.
    (iii) The huge gap in infrastructure.
    The I wish to also mention severe infrastructural deficit as one of the serious challenges to sustainable development across Africa.
    It is undeniable that improved infrastructure would facilitate increased national, regional and international trade, reduce the cost of doing business and enhance Africa’s competitiveness in the global economy, which in return would enhance the continent’s economic transformation through industrialisation, increased economic growth, employment generation and sustainable development.
    However, despite some noticeable improvements in the last decade, Africa’s deficit in key infrastructure, including energy, road, rail and air transportation as well as water, is still huge.
    From the statistics, the road network access in Africa is only about 34%, while over 600 million representing less than 40% of the population has access to electricity.
    Similarly, internet penetration is as low as 6%; access to water and sanitation is also abysmally also low while only 5% of agriculture is under irrigation.
    Indeed, a recent World Bank study found that sub-Saharan Africa suffers two percentage points reduction in national economic growth and cuts in business productivity by as much as 40% due to inadequate infrastructure.
    The reason for this deficit is partly due to consistent under-investments in the provision of development infrastructure coupled with environmental and other social and governance challenges. It is estimated that about US$93-billion is needed annually over the next decade to overhaul sub-Saharan African infrastructure, out of which $60-billion should go for new infrastructure while $30-billion for the maintenance of existing infrastructure.
    (iv) The challenge of insecurity.
    Every citizen has a right to a secure existence through the protection of lives and property and all States have a constitutional or legal obligation to guarantee and protect the right to security. Physical insecurity therefore occurs when people become easily vulnerability to bodily harm, loss of life, property or livelihood as a result of the failure of the State to provide adequate security for its citizens.
    Several countries in Africa, including Nigeria, continues to experience severe security challenges from multiple and diverse sources. For years, terrorism, banditry, kidnapping, herders – farmers clashes, cross-border arms, human and drug trafficking and the drastic effects of climate change, including deforestation, desertification, flooding, pollution, food shortages and high population growth have continued to fuel internecine conflicts and causing untold human sufferings, including despair, destitution, poverty, diseases, internal displacements, and refugee crisis with sub-regional impact.
    States in conflicts and security crisis will necessarily transfer more resources toward military and combat purposes rather than providing for the welfare needs of citizens.
    This is the lived and protracted experience of Nigeria and other countries in Africa as people cannot go out and about with their daily business and social lives without any fear of harm to their lives and property with considerable consequences and drawbacks to sustainable development.
    The World Bank estimates that civil conflicts costs developing countries a reduction in GDP growth rate while countries in protracted crisis could fall over 20 percentage points behind in overcoming poverty.
    While the challenge of insecurity is huge, efforts at combatting same across Africa has largely been ineffective.
    If weak or ineffective political institutions are seen as incapable of managing social tensions successfully; then it is a lot more difficulty for an over-centralized and often politicised security and policing systems to deliver effective physical security in mutually suspicious multi-ethnic societies as we have in Africa.
    Therefore, while good governance holds the key to effective security, there is also the need to address the pressing issues of physical insecurity through policy and legal measures that provide democratic oversight control and accountability at all levels of government in or to create and sustain the necessary peaceful and secured environment for sustainable development to take place across Africa.
  3. Prospects of sustainable development in Africa.
    The entire gamut of human progress, including economic growth, physical and social infrastructure, employment generation, improvements in livelihoods, security, poverty reduction and sustainable development is largely dependent on the available of natural resources and social capital. The developed nations all progressed to where they are using the factors of production as the foundation and drivers of income, wealth and development.
    Fortunately for us, Africa has been projected as one of the most promising continents with a huge potential for growth and development. Two factors; the availability of natural resources and human capital readily account for this profuse optimism about Africa’s future economic greatness and egalitarian rebirth.
    Arguably, Africa’s natural resource endowments in gold, diamond, uranium, oil and gas forests, fisheries, biodiversity, and wildlife and with over 60% of the world’s uncultivated land are huge, extensive and intensive.
    Natural resource extraction and export presently accounts for over 30% of Africa’s GDP and in spite of vigorous drive for alternative sources of energy, Arica will continue to profit from increasing global demand for natural resources, including oil, natural gas, and solid minerals.
    Furthermore, agriculture is not only the mainstay of Africa’s economic development, accounting for over 65% of labour employment; the appetite for Africa’s agricultural produce across the world remains huge and unmet.
    Accordingly, investing in Africa’s vast stretches of unused arable land alone is more than sufficient to stimulate economic growth and guarantee food security not only for itself but also for the rest of the world.
    Although these resources are not evenly located across countries, what is factual is that every country in the continent has more than enough natural resources to effectively harnesses and sustainably drive its development.
    The other positive factor for Africa’s sustainable development lies in its human capital. Africa’s population is young, active and growing faster than any other continent. And with over 15% of the world’s population, Africa is a large trading market which the world cannot ignore.
    The missing link is the capacity to transform Africa’s growth potential to reality through appropriate microeconomic policies that could lead to responsive and effective, technologically driven and value-added investments in natural resources extraction, agriculture and infrastructure.
  4. Governance, security and sustainable development: The Rivers State experience.
    As a sub-national government, the Rivers State Government is under constitutional obligation to deliver public goods and advance the security and wellbeing of the people and ensure sustainable development in Rivers State.
    When we came in, we inherited a State that was financially depleted and very closed to bankruptcy as evident in the government’s inability to pay workers’ salaries or fund development projects. It is on record that workers, including pensioners, were owed salaries ranging from three to eight months while contractors all abandoned projects sites due to lack of payments.
    We also inherited a State that was devoid of effective governance. Both the State House of Assembly and the Legislature were shut and kept under lock and key for nearly two years without regards for the consequences on the rule of law, peace and security and the growth of the State’s economy.
    We further inherited a State with low economic growth, steeped in severe insecurity and lacking in development infrastructure at both urban and rural areas. Several of our schools and hospitals were in sorry states of disrepair with limited levels of functionality and poor delivery of services.
    Six years into governance, we can boldly say that we are delivering not just on our promise to build a new Rivers State but also on the thematic issues of good governance, security and sustainable development to the best of our capacity and commitment and as expected by the citizens who gave us their mandate.
    From the very beginning, we were clear and focused on our mission to commit to good governance, fix our economy, and mobilize available resources to overcome our developmental challenges, tackle poverty and human security through the provision of basic physical and social infrastructure and build a State that cares and works for all who live in it.
    Our priorities were well-defined and people-centred. Our approach was comprehensive, systematic, and transformative as discussed below:
    (i) Strengthening democratic governance.
    For us, the starting point was to restore good governance to the State. Consequently, our very first actions in office were to restore the judicial and legislative arms of government to independence and effectiveness. We immediately re-opened the courts and inaugurated the State House of Assembly to restore the rule of law, participatory and inclusive governance in the State.
    We did not only restore the functionality of the judicial and legislative arms of government; we also ensured their independence and autonomy to freely manage their affairs, execute their projects and discharge their responsibilities without interference from the executive arm. We were perhaps the first State to ensure the practical independence of the judiciary at the subnational level under the present democratic dispensation.
    We also intervened in providing the necessary conducive environment for both arms to operate in dignity with modern and comfortable courts to improve access to justice in the State. We also attended to the wellbeing of judicial officers by providing them with official vehicles and life-long accommodation as a matter of legal right.
    We also extended our intervention to the State’s federal courts. Apart from building, renovating and furnishing new ultra-modern courthouses for the Port Harcourt Divisions of the Federal High Court, the National Industrial Court and the Court of Appeal, we have also provided first-class accommodation at the Old Government Reservation Area of the State for all federal judges serving in Rivers State.
    Arguably, no government in history has invested as much as our government to rebuild, strengthen and reposition the institutions of governance without which the rule of law, access to justice, protection of human rights and effective governance and delivery of sustainable development cannot be achieved.
    (ii) Creating the enabling environment for economic growth.
    For us, there is no better way to stimulate economic growth than creating a positive environment for investments in our State. We also embarked on some pragmatic economic policy reforms that again opened-up the State for trade and investment.
    We reduced our debt burdens, introduced a transparent and payer-friendly tax system, strengthened legal right to property, including the prompt issuance of certificates of occupancy.
    We also ensured the massive provision of socio-economic infrastructures, including roads and markets to stimulate commination, trade and exchange of goods and services in the State.
    As a result of our efforts four economy continues to enjoy stronger growth, attracting new investments while the small and medium-sized businesses are on the upsurge creating employment for our people, reducing poverty and generating revenue for the government with which government is funding physical and human capital development to advance sustainable development.
    Indeed, while most other States are struggling with poor economic returns, the economy of Rivers State under our watch is on the upswing, posting consistent growth, attracting local and foreign direct investments, and over 50% additions to internally generated revenue and thereby increasing our capacity to mobilize more domestic revenues to fund the delivery of socio-economic goods and services to the citizens.
    (iii) Prioritizing physical infrastructure.
    For us, infrastructure is the oxygen of economic growth and human progress without which no society can develop and improve the living standards of citizens.
    As a developing State, Rivers State needs roads to interconnect the towns and villages, promote trades, facilitate movement of goods and services, and spread economic opportunities to all and improve the living conditions and wellbeing of the people.
    We therefore prioritized the provision of road infrastructure by focusing on five priority areas:
    · clear all the roads and streets of potholes;
    · complete abandoned road projects inherited from previous administrations;
    · build new trunk roads across the State;
    · carry out urban renewal projects and restore the road infrastructure in Government Reservation Areas and other urban neighbourhoods;
    · build flyovers to resolve perennial traffic jams in capital territory; and
    · provide paved internal and interconnect roads for rural communities.
    Accordingly, we have consistently utilized over 65% of our annual capital budget to fund the provision of road infrastructure and successfully delivered well over 800 kilometres of tarmac roads across the State in the last six years of our administration.
    We have not only rid the state of potholes; we have also upgraded, constructed and reconstructed several dual carriage ways spread across nine local government areas of the State.
    It is also instructive that we have delivered road projects to some of the most remote parts of the State, including the coastal towns of Opobo which has existed without road connective to other parts of the State for well over a century.
    We have also transformed a number of our rural communities with internal and interconnecting roads. Out of 10 flyovers under construction by Julius Berger Nigeria Limited, to ease traffic congestion, accelerate movements and improve property values, three have since been commissioned, three others will be commissioned early next month while the others would be completed in the first quarter of 2022.
    We gave maximum attention to the provision of adequate infrastructure because our vision of growth depends on the ability to leverage our competitive workforce, our regional position and the national economy to deliver shared and sustained growth and prosperity for citizens.
    (iv) Greater emphasis on social capital development.
    As Franklin D. Roosevelt once said, “we cannot always build the future for our youth, but we can build our youth for the future.”
    We believe this statement is true at all times and for our State and country. Our State, our country and the world over are full of life changing prospects and opportunities.
    As a government we believe in the transformational power of education and our commitment is to provide and prepare our youth with the knowledge, skills and values that they need to be imaginative, creative, productive, provide leadership, globally competitive and be self-reliant, which is necessary for sustainable development.
    Over the last six years, we have invested enormous time, effort and resources to respond to the challenges access to quality education as part of our development and transformation vision targeted at making Rivers State not only the most educationally advanced State in Nigeria but also globally competitive. Accordingly, we have:
    · ensured consistent increase in the education budget from 5% to 17% in 2021;
    · accessed and deployed Federal Government’s matching grants to rehabilitate, rebuild, furnish and equip over 300 basic education schools across the State;
    · cleared all salary arears and ensure regular payment of teachers’ salaries and pensions;
    · ensured the training of basic education teachers and administrators;
    · introduced school administration funds for secondary schools;
    · built over 1200 new classrooms and provided over 14,000 classroom desks;
    · ensured payment of WAEC, NECO and JAMB examination fees for all public secondary school students;
    · reconstructed and equipped over 40 senior secondary schools;
    · established three new campuses for the Rivers State University at Emohua, Ahoada East and Etche Local Government Areas of the State with 16.5-billion-naira take-off grant;
    · built new faculty buildings for the faculties of Law, Management Sciences, Science and Technical Education, Environmental Sciences and College of Health Sciences at the Rivers State University;
    · established the College of Health Sciences, which recently received accreditation to train medical doctors and other health professions;
    · embarked on the construction of new faculty and departmental buildings for the faculty of basic clinical sciences and the department of Pathology of the College of Health Sciences; and
    · built the Real Madrid Academy, Port Harcourt to provide skilful football training and basic education to the young ones who are interested professional football career.
    Evidently, there is now universal access to basic education in Rivers State with enrolment and transition rates of over 95% from primary to secondary schools, while the number of out-of-school children has reduced drastically, just as the quality of education has also improved significantly.
    Similarly, we have significantly improved the quantity and quality of infrastructure in all the State’s tertiary institutions such that they are now providing admissions to many more students than before now with full accreditation for virtually all academic programmes.
    Our target is to ensure universal access and empower Rivers State citizens with the education, skills and competences that they need to be productive creators of labour, wealth and contributors to development.
    (v) Prioritization of access to quality healthcare.
    One of the important measures of effective governance is the quality of healthcare services being enjoyed citizens.
    While not a fundamental right, our constitution clearly emphasizes the responsibility of government to ensure that everyone has access to the highest attainable standard of health care.
    Access means universal availability of healthcare infrastructures and services even to those who live in the remotest parts of society, affordable even to low income or those who don’t earn anything at all and qualitative, including access to emergency diagnosis and treatment.
    Over the years, successive governments have striven to provide healthcare services for the people. We therefore have a healthcare system that attends to the healthcare needs of citizens at different levels: primary, secondary or tertiary. Indeed, my predecessor focused on primary healthcare and strove to provide related infrastructures all over the place.
    However, much as we have made some progress as a State in the provision of healthcare, we all know that serious gaps still existed at all levels in the delivery system, including the lack of tertiary or specialist healthcare facilities, which we have substantially tackled in the last six years.
    We have also prioritized and invested time, effort and resources to:
    · progressively increased the healthcare budget from 4% in 2015 to 13% in 2021;
    · improved budgetary allocation revived and strengthened access to primary, secondary and tertiary healthcare across the State;
    · rehabilitated, built and equipped a number of existing and new primary and secondary healthcare facilities to provide expand access to primary and secondary healthcare for residents and visitors;
    · completed and commissioned the 120-bed Mother and Child specialist hospital to be run under a private public partnership arrangement to ensure effectiveness, efficiency and sustainability of services;
    · funding the completion of the five zonal referral hospitals located in Ahoada, Bori, Degema, Okehi and Omoku towns to provide secondary and specialised diagnosis, treatment and care to rural dwellers;
    · established a Medical College and a Teaching Hospital for the Rivers State University to serve as a first-class facility for the teaching and training of medical personnel, conduct of advanced medical research and innovation and the provision of high-level diagnosis and treatment for citizens.
    · Reconstructed and upgraded the College of Nursing and Midwifery to a degree awarding institution affiliated to the Rivers State University Medical College;
    · embarked on the reconstruction and equipment of the Professor Kelson Harrison Specialist Hospital and the Dental Maxilo Facia Centre;
    · constructing the Dr. Peter Odili Cancer and Cardiovascular Diseases Diagnostic and Treatment Centre at a cost for 25.9 billion naira to provide advanced diagnostic, treatment and care for cancer and cardiovascular diseases in the State; and
    · established the Contributory Health Insurance Scheme with and Law to provide universal health coverage and make healthcare delivery accessible and affordable for all our citizens.
    For us, as a government, we are determined to ensuring that all persons who reside in Rivers State have access to affordable, qualitative and essential health services that they need for their good health and wellbeing.
    This is a covenant we have with our people and there is no excuses for us not to achieve this goal given it’s connection to human security and achievement to the sustainable development goals in our State.
    (vi) Provision of security.
    Under Nigeria’s constitutional framework, control and management of the entire security sector, including internal security policing, falls within the exclusive responsibility of the Federal Government.
    Although elected Governors are tagged the chief security officers of their States, the lack of constitutional nor legal oversight powers over the control and management of sub-national security commands, especially the police, continue to impede effective coordination and implementation of State security policies and strategies.
    Nevertheless, we recognize that keeping Rivers State and residents safe and secure, irrespective of the challenges, is a task we must accomplish for the good of our state and our country, irrespective of the structural challenges posed by the federal security architecture.
    Accordingly, we have done and continues to implement strategic measures to advance the protection of lives and property in Rivers State. Such measures include, providing adequate logistics support, including the procurement of operational vehicles, gunboats, communication gadgets and administrative funding for all the security agencies in the State, including the armed forces.
    We have since established a home-grown neighbourhood security corps to complement the regular security operations in the State in intelligence gathering and enforcement of criminal laws in the State.
    We also established two special conventional security outfits, code-named ‘Operation Sting’ and C4i, dedicated to the fighting of kidnapping, armed robbery, cult violence, and terrorism.
    In addition, we are addressing the issues of human security, including access to education, healthcare, job creation, economic empowerment and poverty reduction through various direct and indirect policy measures, including the provision of basic infrastructure across the State.
    There is no doubt that the complementary efforts of our government has made Rivers State one of the most peaceful and secure States in the country, attractive reasonable investments, stimulating economic growth and enabling sustainable development across the State.
  5. Conclusion and Recommendation
    Goal 1 of the Agenda 2063 dreams of Africa to be “a prosperous continent with the means and resources to drive its own development with sustainable and long-term stewardship of its resources.”
    We have shown from the discourse that Africa has both the framework and the resources that is needed to transform the goals and aspirations of sustainable development into reality; to drive and achieve universal peace, security and prosperity for its people. The people of Africa are industrious and resilient enough to exploit Africa’s abundant opportunities for development.
    By all accounts, African leaders are struggling to make the required positive change in the lives of their people and in many countries, these efforts are bearing some positive fruits in resolving the age-long challenges of underdevelopment, poor economic growth, lack of infrastructure, poverty, insecurity and climate change.
    However, among other challenges, lack of effective governance and human have continued to diminish the efforts of Africa at achieving developments that are economically inclusive, ethically sound and socially equitable.
    The failure to achieve human security is an albatross that engenders disillusionment and costly civil conflicts that threatens not just the wellbeing of citizens but also the very existence of States from within.
    Africa must therefore summon the political will to address the fundamental issues of good governance and human security, which are the basic pre-conditions for accelerating the realization of sustainable development across the continent.
    To this end, I am persuaded to suggest that Africa must address the factors limiting human security and sustainable development by:
    · strengthening its governance systems to enable visionary political leadership, true democracy and effective and inclusive governance based on the rule of law, judicial independence and respect for human rights, human dignity and social justice.
    · ensuring that the electoral process must be transparent, fair and credible at levels of the democratic process guarantee the emergence and institutionalization of credible political leadership and governance.
    · building strong, independent, efficient and effective public institutions to advance and implement and enforcement of public policies on peace-building, security, socio-economic inclusions, and equitable governance;
    · creating a positive environment for investments and economic growth through sound fiscal and macro-economic policies; integration into the international economy, attracting foreign direct investments in export business activities; stable legal environment; stable energy supply and investing in quality infrastructure to support economic growth.
    · Scale-up investments in agriculture and food security and small and medium-size businesses to create employments and prioritize human and social development, including healthcare, education;
    · ensuring social justice with viable policy initiatives to close the wealth gap, eradicate poverty, reduce inequality and exclusion through equitable and inclusive distribution of the nation’s wealth and holistically and pragmatically address all security threats to human lives, property and livelihoods; and finally,
    · relying more of using political rather than forceful responses to the resolution of civil conflicts and legitimate agitations for social, economic and political justice.
    Thank you for your attention.
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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

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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

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For The Record

Can Rivers Assembly Remove Governor’s Powers To Appoint Executive Officers?

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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

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For The Record

We ’ll Not Take Rivers People’s Trust And Confidence For Granted – Fubara

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Being a text of the 2024 Budget speech presented to the Rivers State House of Assembly by Governor Siminalayi Fubara at Government House, Port Harcourt on Wednesday, December 13, 2023. Excerpts.

Mr Speaker, Honourable Members, distinguished guests, ladies, and gentlemen.
It is my pleasure to be before this hallowed chamber today to present our state’s budget estimates of Revenues and Expenditures for the fiscal year 2024.
Before I proceed with my presentation, I wish to, again, thank God for the special opportunity to serve our people as their elected Governor.
We thank our dear President, His Excellency Bola Ahmed Tinubu GCFR for his special interest in the peace and progress of Rivers State and the bold steps he has taken to revamp the nation’s economy and sustainable development across the country.
We are also grateful to the good people of Rivers State and the progressive members of the State House of Assembly for your continuing support and prayer for the success of our administration.
We assure you that we will never take your trust and confidence for granted. We will remain faithful to our oath of office and do the best we can to advance the aspirations of our people for good governance, peace, security, and inclusive development.
Our spirit is high; our determination is forever strong as we remain focused on delivering on our mandate in an honest, accountable, just, and fair manner to all parts of the State and all segments of society.
Under our watch, no part of the State will be neglected in our development agenda; no one will be left behind in the distribution of resources and opportunities.
We reaffirm our commitment to working closely with the State House of Assembly to fulfil all our promises and take Rivers State to greater heights of peace, progress, and prosperity.
Mr Speaker, recall that we launched the construction of the Port Harcourt Dual Carriage Ring Road as a flagship project to accelerate the socio-economic development of our State. Julius Berger has since mobilised to the site and work on this multi-billion-naira project has begun.
In line with our consolidation mantra, we have in the last six months, completed many of the uncompleted projects we inherited from the immediate past administration, including roads, hospitals, and schools, while those not yet completed, have reached advanced stages of completion.
Some of the completed roads include Oyigbo – Okoloma Road, Alode – Onne Road, Botem-Gbene-Ue-Hiro Road, Mgbodahia internal roads, Ogbo-Uhugbogo-Udiemude Road, Omoku-Aligwu-Krigene road, Eneka internal roads, Ogbakiri internal roads, and Omagwa internal roads.
Other roads, which construction is proceeding very well include Ahoada-Omoku dualization, Emohua-Tema junction dualization, Umuakali – Eberi road, Alode-Ebubu-Eteo junction road, Egbu-Ehuda internal roads, Elelenwo internal roads, Rumuepirikom internal roads, phase 2, Bori city internal roads, the Ngo section of the Ogoni-Andoni-Opobo unity road, and the Opobo ring road and electrification projects.
On education, we have delivered Government Comprehensive Secondary School, Borokiri, Government Secondary School, Eneka, Government Secondary School, Emohua, Government Secondary School, Okehi, Comprehensive Secondary School, Alesa – Eleme, Government Secondary School, Ataba, and the 10,000 capacity University of Port Harcourt Auditorium. The hostel and auditorium projects at the Yenagoa campus of the Nigerian Law School are also almost completed.
Our commitment to healthcare delivery remains strong. Already, we have delivered the Professor Kelsey Harrison Hospital, the Dental, Maxillofacial, Ear Nose Throat and Ophthalmology Hospital, and several primary healthcare centres across the state.
To accelerate the delivery of affordable housing, we have signed a Memorandum of Understanding with TAF Global Africa and turned the sod for the phased development of 20,000 units of houses in the State.
This is another signature project of our administration, which is targeted at creating new model cities within Obio/Akpor and Ikwerre Local Government Areas of the State with enormous socio-economic benefits to the State and our people.
On sports development, we have opened the Real Madrid Football Academy for full academic and football training activities with the admission of the first batch of students. We have also rehabilitated the indoor basket hall and pitch at Niger Street, Port Harcourt.
We are poised to stimulate industrialization by creating an enabling business environment to attract investors to invest in the different sectors of the State’s economy.
To this end, plans are underway to organise the first Rivers State Investment Summit in decades to work out an investment and industrialization road map for the State.
We have also approved three bills: the Rivers State Investment Promotion Agency Bill, the Rivers State Youth Entrepreneurship Development Trust Fund Bill, the Rivers State Electricity Bill, and the Rivers State New Towns Development Bill, which are critical to accelerating investments, job creation, energy security, economic empowerment, and the socio-economic advancement of the State when passed into law.
Furthermore, we have concluded arrangements to launch the N4,000,000,000.00 seed fund in partnership with the Bank of Industry to support small and medium-scale enterprises across the State at a single-digit interest rate.
We have also entered into a memorandum of understanding with an investor to build a modern spare parts market in the State.
We appreciate the relevance and importance of the civil service to the development of the State through effective implementation of government policies and programmes.
Consequently, our commitment is to strengthen and motivate the civil service for optimal and responsible performance through regular promotions, payment of salaries, pensions and gratuities, and the provision of a good working environment.
Accordingly, we are happy to report that we are up to date in the payment of salaries and pensions to our civil servants and concluded the promotion exercise for our mainstream civil servants and other staff, except those without functional governing boards, such as the secondary school teachers and health to legally conduct the exercise, will be done as soon as we constitute the governing boards.
We have restored water and installed new lifts at the State’s Secretariat complex to improve sanitation and ease access to the higher floors of the complex.
Since we came on board, we have spent over 6 billion naira to pay the gratuities backlog to retired civil servants. Again, our commitment is to ensure that we clear all arrears of gratuities owed to civils by previous administrations.
Also, the recruitment exercise of 10,000 workers into the State’s civil service is almost completed and successful candidates will receive their engagement letters as soon as the report from the State’s Civil Service Commission is ratified by the State Executive Council.
Finally, we have worked with security agencies, local governments, and community leaders to keep our State peaceful, safe, and secure. This is an achievement we will continue to further improve and sustain throughout the Yuletide and beyond.
Mr Speaker, I have highlighted some of our achievements in policies and projects as a relatively young administration implementing a budget and programmes we inherited from the immediate past administration.
As a government, we are satisfied with the modest mileage we have gained in implementing our blueprint despite the prevailing economic hardship and the political challenges and distractions we faced since the inception of our government.
Nevertheless, we can assure our people that the tempo of governance and delivery of services in our priority areas of investments and economic growth, infrastructure delivery and job creation, education, healthcare and human capital development, agriculture, and food security will gain traction and accelerate with speed and vigour in the new year.
2023 BUDGET PERFORMANCE REVIEW
Mr Speaker, a total revenue of 755,666,987.238 was projected for the 2023 fiscal year. This sum included a supplementary estimate of 200,000,000,000.00, which we accessed for the exclusive purpose of funding the construction of the Port Harcourt Ring Road project.
35. The breakdown of the 2023 budget was as follows:
(i) Recurrent Expenditure: N175,249,692,201.00
(ii) Capital Expenditure: N380,417,395,037.00
(iii) Supplementary capital estimates: N200,000,000,000.00
Total: N755,666,987.238.00
As of October 2023, the total actual receipts from all sources, was approximately 66% performance on the revenue side.
There were encouraging improvements in internally generated revenue receipts as against the projections for the year, while the performance of recurrent expenditure was 100%.
THE 2024 BUDGET ASSUMPTIONS
38. Mr Speaker, Honourable Members, the 2024 budget, christened Budget of Promise is based on the following assumptions:
(i) oil price benchmark of $70 per barrel;
(ii) oil production rate of 1.5 million barrels per day; and
(iii) exchange rate of #750/US as projected by the Federal Government. THE 2024 BUDGET SIZE
The total projected revenue for Rivers State for the 2024 Fiscal Year is N800, 392,485,433.01 billion. This is constituted as follows:
(i) Recurrent Expenditure: = 361,598,242,570.85
(ii) Capital Expenditure = 410,266,485,090.64
(iii) Total: = 800,392,485,433.01
FINANCING THE 2024 BUDGET
The financial sources of the 2024 budget are as follows:
Internally Generated Revenue – 231,057,836,945.00
Statutory Allocation – 68, 458,610.00
Mineral funds – 145, 526,581,463.00
Value Added Tax – 55, 650,000,000.00
Refunds Escrow, Paris/ECA – 1, 200,000,000.00
Refunds from bank charges – 1, 500,000,000.00
Excess Crude Account – 1, 700,000,000.00
Exchange rate gain – 1, 200,000,000.00
9. Forex equalization – 3, 000,000,000.00
10. Other FAAC – 5, 000,000,000.00
11. Asset sales – 20, 000,000,000.00
Capital receipts – 9, 879,557,210.00
Proposed internal/external grants – 24, 570,000,000.00
14. International Credits – 2, 000,000,000.00
Bonds – 237, 000,000,000.00
Internal loans – 235, 000,000,000.00
Prior year Balance – 6, 934,784,872.01
TOTAL = 800, 392,485,433.01
RECURRENT EXPENDITURE
The Recurrent Expenditure is projected to be spent as follows:
Personnel Emolument – 99, 588,939,939.39
New Recruitments – 28, 924,562,980.61
Overhead costs – 18, 871,623,339.00
Grants, contributions & subsidies – 7,908,000,000.00
Counterpart pension scheme – 15,000,000,000.00
Gratuities/Death Benefits – 77,850,000,000.00
Monthly pensions – 30,240,000,000.00
Domestic loans interest – 32,420,734,367.60
Foreign loan interest – 536,709,798.04
Domestic loan, principal repayment- 26,018,966,086.70
Foreign loan, principal repayment – 5,081,731,374.51
FAAC Deductions- 12,865,723,913.00
COT/Charges/ General Admin – 5,000,000,000.00
CAPITAL EXPENDITURE
The capital allocation of 410,266,485,090.64 represents about 51 per cent of the total budget projections for the fiscal year 2024.
SECTORAL ALLOCATION OF THE CAPITAL BUDGET
The sectoral allocation of the capital budget is as follows:
Governance – 161,742,835,256.27
Information & Communication – 2,234,273,168.00
Public Administration – 13,852,493,641.59
Finance and Planning – 7,779,818,293.13
Agriculture – 20,311,574,254.53
Infrastructure – 128,003,540,952.66
Commerce and Investment – 1,787,418,534,40
Culture and Tourism – 1,381,187..049.31
Education – 40,426,441,994.74
10. Health – 30,555.506,748.20
Social Development – 10,155,787,127.27
Environment & Sustainable Development – 8,449,614,889.89
Judiciary – N 5,646,617,642.76
The 2024 Budget Policy and Objectives
Hon. Speaker, the overall policy objectives of the 2024 budget are to promote economic development in the State through inclusive growth, the provision of critical infrastructure to support economic, business, and social activities, and the creation of an enabling environment for private sector-led industrialization, job creation and poverty reduction.
We will strive to address the challenges of socio-economic inequalities by ensuring improved access to quality and affordable education, healthcare, water, electricity, housing, social investments, gender empowerment and social inclusion.
This accounts for the reasonably high allocations in the 2024 capital budget to infrastructure, education, healthcare, social development, environment, sustainable development and agriculture.
With these funds, we will build more road networks to interconnect the State, rehabilitate, equip, train and staff all dilapidated primary and secondary schools, build technical and vocational education centres, and allocate more funds to our tertiary schools to improve the quality of teaching, learning and research.
We will also rehabilitate, equip and staff dilapidated primary healthcare facilities, restore, equip, and staff all our general hospitals, complete, equip and staff all five zonal hospitals, implement socially beneficial healthcare schemes, and introduce social investment schemes to fight poverty, social exclusion, and gender discrimination.
Given the importance of the judiciary in the advancement of the rule of law, economic growth, and social accountability, we have also improved the allocation for the funding of the judiciary, law, and justice sectors in this budget to achieve effective and speedy dispensation of justice in the State.
We will ensure that accessed local and international credits are used only for capital projects that would benefit economic growth, give attention to the completion of ongoing projects before embarking on new ones, and grow the economy through targeted investments in areas of comparative economic advantage, including commercial agriculture, electricity generation, renewable energy, oil and gas, housing, and sports development.
We will also provide our young people with the skills and tools they need to succeed in the 21st-century economy and to ensure that education and healthcare are accessible to all regardless of background and means.
Conclusion
Mr Speaker, Honourable Members, thank you again for your patriotism and dedication to the service and advancement of the State.
The budget we have put forward reflects our commitment to responsible financial management and our dedication to the progress of our State and the well-being of our people.
Our priorities are clear: to secure our State, foster sustainable economic growth, create opportunities for all, invest in the future, and ensure our collective prosperity.
As we all know, the security and well-being of the people are the reason we are in government. The budgeting process is fundamental to the realisation of this fundamental objective of state policy.
We recognize the challenges we face as a State and the pointless efforts to frustrate and sabotage our government even before we get started. As you know desperate situations call for desperate measures. I assure you of our determination to weather the raging storm strategically and responsibly.
Mr Speaker, I, therefore, commend this budget to the House of Assembly for your consideration and speedy passage.
Thank you for your kind attention. God bless you all; God bless Rivers State.

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