Opinion
Rule Of Law Versus Presidential Directive
The former Editor of Manchester Guardian, Charles Prestwich Scott (20th October 1864 to first January 1932), is widely quoted as saying, “Comment is free but facts are Sacred”.This maxim is not only realistic but also in tandem with the remarks of Jesus Christ when He, said, It is written, in Matthew Chapter 4, verse 4 in the story of temptation as written in the Bible. As if that is not enough, Pan Africanist and Ghanaian Leader, Kwame Nkrumah, is quoted as saying, “A principle is either wholly kept or wholly abandoned and that any slightest compromise means the total abandonment of the principle. From the fore going, the remarks of Jesus Christ, Charles Prestwich Scott, and Kwame Nkrumah are all needed to build an egalitarian society, including operating constitutional democracy and Rule of Law.
It is for this reason a textual analysis of the recent Presidential Directive is needed to evaluate the order by President Ahmed Bola Tinubu with regard to recent political crisis in Rivers State. President Tinubu not long ago summoned a meeting in the Presidential Villa to broker peace between Governor Siminalayi Fubara, FCT Minister, Nyesom Wike and other stakeholders comprising the Deputy Governor, Professor Ngozi Odu, defected former Speaker, Rivers State House of Assembly, Martin Amaewhule, Chief Security Adviser, Nuhu Ribadu, Chief of Staff, Femi Gbajabiamila, Chief Adokiye Amesimaka, David Briggs, among others.The truce emanating from the all-important meeting states an 8-point guidelines and they are as follows: All matters instituted in the courts by warring parties should be withdrawn immediately, all impeachment proceedings initiated against Governor Fubara by Rivers State House of Assembly be dropped immediately, to recognise the leadership of Martin Amaewhule of the Rivers State House of Assembly and not that of Edison Ehie and by implication recognise the 26 Legislators who had voluntarily defected to the APC.
The resolution include payment of the remuneration and benefits of all 26 legislators and their staff must be re-instated and Governor Fubara henceforth should not interfere with the full funding of the state Legislature while the Rivers State House of Assembly shall choose where they want to sit, the Governor of Rivers State shall re-present the state budget proposal to a properly constituted Rivers State House of Assembly.
The names of all commissioners of the state executive council who had resigned their appointments should be resubmitted to the House of Assembly for approval and lastly there should not be a caretaker committee for the LGAs in the state. It is worthy of note that the political crisis in Rivers State deepened when the Martin Amaewhule-led faction launched impeachment moves against Governor Siminalayi Fubara, suspended the majority leader, Edison Ehie, after which the hallowed chamber was burnt, accompanied by defection of 26 members to APC and demolition of the whole Rivers State House of Assembly Complex.
A scatting evaluation of the 8-point truce suggests a lopsided or one-sided truce in favour of former Governor Nyesom Wike and President Bola Ahmed Tinubu for which Governor Siminalayi Fubara just signed. It is on record that the lopsided truce has attracted mixed reactions, outright and widespread condemnations for about two weeks..Ijaw Leader and Elder Statesman, Chief Edwin Clark, Former Commissioner for Works, Rivers State, David Briggs, Ann Ann-kio Briggs, Amabipi Martin and some environmentalists in Ogoni tribe have all condemned the one-sided truce. Besides, the 8-point truce has opened up serious legal and constitutional matters in Nigerian polity few months after legal tussles that characterised Election Petitions Appeal that ended in the Supreme Court as well as off season elections in Imo, Kogi and Bayelsa States.
It remains a puzzle that the 26 State Legislators who resigned were asked to return to their seats with full financial benefits and remunerations to be indemnified, but nothing was said to them to return to their former party, the PDP. Worse still, Governor Fubara was also asked to re-present 2024 budget proposal to the House of Assembly and the Commissioners who voluntarily resigned should be reconsidered by Governor Fubara to be re-represented to the Rivers State House of Assembly. At this juncture, one may ask, is Nigeria running a constitution democracy based on Rule of Law or Rule of Man or Presidential Directive as exhibited by the government of President Ahmed Bola Tinubu.
The recent development of President Tinubu has called to memory the song of legendry singer, Sunny Oko-Sun, when he sang “which way Nigeria”This is because president Tinubu on the day of swearing in or inauguration swore an oath to govern, and rule by the constitution of the Federal Republic of Nigeria. For instance, section 109 sub section 1 (g) states that:(1) A member of a House of Assembly shall vacate his seat in the House if-(g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.Truly, comment is free but facts are sacred.
It is also on record that the Edison Ehie-led group obtained an exparte order restraining Martin Amaewhule and Dumle Maol as Speaker and Deputy Speaker, respectively while Amaewhule and Moal on the other hand went to another High Court of same jurisdiction to obtain another exparte order when the court orders have not been vacated.This is where the lamentation of American Essayists, Sylvia Pratt, who wrote in the famous poem, “Conversation Among the Ruined,” comes to mind, “which such blight wrought on our bankrupt estate, what ceremony of words can patch the havoc”. It is in-fact, appauling that Nigeria is declining from bad election, to courtocracy and rule of man in place of constitutional democracy.
The attention of President Bola Ahmed Tinubu should be drawn to the fact that he is not only taciturn but also evasive on Rale of Law but to build a virile society where the political class and leadership should not trivialise constitutional orders.I am glad that senior Advocate of Nigeria, Femi Falana, had drawn the attention of President Tinubu to this fact. Surprisingly, the PDP has not been vocal enough.The fact that Independent National Electoral Commission should go ahead and conduct election into the Vacant 26 seats of Rivers State House of Assembly is not strong enough but to test the efficacy of the constitution in court. No PDP Governor has visited Governor Fubara; whereas opposition party.Former Vice President Atiku Abubaka has also not visited and identified with Governor Fubara even as Governor Fubara has not opened-up enough to meet his party–the PDP.
The gap in the truce brokered by President Tinubu has left many with the mindset that the drama gives an impression that the scenario is tending towards forcing Governor Fubara and the entire State to be APC State before 2027 elections. It is therefore pertinent to appeal to well-meaning individuals, Christian Association of Nigeria (CAN) to intervene more than ever, now that the political impasse has not resulted in bloodbath. One thing is necessary; Rivers People should not gravitate towards ethnic lines but avoid ethnic bias. It may be necessary for the FCT Minister and his supporters to remember that crisis does no’ one any good but people,.no one, be it President Tinubu or FCT Minister, Nyesom Wike should not constitute themselves as an appellate court while Governor Fubara must talk out so that Rivers people can know their prayer points to present to God. It is welcoming that Governor Siminalayi Fubara has indicated to pay any price for peace even as both sides need to sacrifice pride and personal aggrandisement to engender peaceful co-existence.
Sika is a social/political analyst
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