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Rule Of Law Versus Presidential Directive

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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states an 8-point guidelines and they are as follows: All matters instituted in the courts by warring parties should be withdrawn immediately, all impeachment proceedings initiated against Governor Fubara by Rivers State House of Assembly be dropped immediately, to recognise  the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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Opinion

The Rantings  Of Rivers ALGON

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For the first time in the last eight years , one can observe a moribund  and toothless,  Association  of Local  Government of Nigeria, Rivers State Chapter trying to lull the people of Rivers State in believing that  it exists, that it is versed and abreast with the provisions  of the 1999 Constitution  of the Federal  Republic of Nigeria (as amended), knowledgeable  about subsisting  judicial  pronouncements on  the Local government administration  matters by courts of competent jurisdiction,  and it has workers  and. the people’s  welfare at heart.
These wrong impressions  can be deduced from the text of the Press Conference  delivered by the Association  last week.
Despite the window dressing  and cosmetic posture   that the Association  of Local Government of Nigeria, Rivers Sttate chapter wants to impress on the people and residents of Rivers State,  it is crystal clear that workers at the Third Tier of  Government  have not fared well in the last eight years of the repressive  and workers unfriendly  immediate past administration  in the State.
While workers at the State were fortunate to have a controversial minimum  wage paid to them, local Government  workers did not benefit from the N30,000 Minimum  Wage which became a legal instrument  about six years until March 2024, following  a directive by the Executive  Governor,  Sir Siminalayi  Fubara,  to Local Government chairmen in the State to immediately  implement the minimum wage,  wage award and  promote workers.
Where was.the Legal Adviser  of the Association of Local Government of Nigeria, whose statutory  responsibility it  was to advise the former  Rivers State. Governor  that it is  an affront on the sensibilities of  workers and fragrant.breach of extant law  to not pay minimum  wage to workers at.the 23 Local Government councils.
Civil servants at the State and Local Government  councils were not promoted and did not benefit from the annual incremental credit for about ten years. The incremental credit is a paltry and very insignificant  amount compared to the inputs of workers to drive implementation of government  policies and programmes and what elective office holders take home within the comparable period.
I had expected a “concerned  and workers-friendly ‘ Association  of Local Government in the State to midwife the promotion of workers, implementation  of Minimum wage  and fulfill their statutory  obligations to the workers and the people at the local government  areas whose resources they hold in trust and on whose behest they are in power.
It therefore  beats my imagination that    Local  Government  Chairmen  of ALGON,  who are products of  the ballot and not  appointees of the former governor lost their “Executive” status and played the second  fiddle role. Even when there was unconfirmed tampering  of local government funds, they could not  protest or raise an eye brow.
How the people who were cowardly and timid before the former  administration  in the State  suddenly  cultivated and imbibed the effrontry  and temerity to hold a Press Conference attempting to disparage the performing  and conscientious  Sir Siminalayi Fubara-led administration  leaves much to be desired  and a bad taste in the mouth of all patriotic  and truthful  Rivers people.
I expected the self serving chairmen  under the aegis of the Association  of Local Government  of Nigeria to brace up to the challenges of seeming derecognition and denial of their right of expression as elected chairmen by the former administration  in the State.
While the ALGON has the legitimacy  to contest violation  of,  or infringement on their interests, such protest should not be seen as selective. Between  1999 and 2003,  the Association  of Local Government  of.Nigeria in Rivers State was vociferous  and so  alive to its onus that they rejected allocations  that did not reflect the true figures of what the local government councils deserved from the Joint Account Allocation  Committee  (JAAC). That was when ALGON was keen and committed  to the essence  of its formation. That was a real workers-friendly ALGON.
However, with the advent of crude and uncivilised godfatherism that circumvented real democratic processes for manipulative and coercive selection that ultimately  produced  unpopular candidates of the godfather,  chairmen were reduced to puppets, playing  subservient  roles for their benefactors instead of protecting  the interest and welfare of workers and the people of their local government areas, who they ought to represent.
Having therefore failed to speak up for workers and defend the welfare of the people of their local government areas, at a time they were oppressed,  the association  in my candid opinion  does not have the  moral justification to  cry fowl against the present  administration  in  Rivers State whose policies and programmes so far, reveal that the governor  understands  that  the legitimacy  of his administration  is  derived from the people, so he is accountable to  them by putting in place infrastructure that will give fresh breath to a people who are recuperating from  the suffocation  of repressive  and coercive  governance.
Sir Siminalayi Fubara  is today a messiah to workers in Rivers State. Local government. workers are .being paid minimum wage, promoted and duly placed at their appropriate levels after 10 years of no promotion.
Civil servants  in the State are sure of receiving  their pensions immediately  after retirement  from service  which was a marked. departure from previous  administration.
Rather than vilifying or  demonising the present  administration  in the State, the Association  of  Local Government of.Nigeria, Rivers State should thank the  Governor, Sir Siminalayi Fubara,  for doing in less than one year what their grand master could not  do for them and workers in eight  years.
Remember, everyone will stand in the court of history  and posterity  to account for their  actions and inactions  in office.

Igbiki Benibo

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Kidnapping: Need  For Govt  To Address  The Monster

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Kidnapping, a heinous crime, cannot be condoned in any circumstances. The situation in Nigeria, characterised by various security challenges, including the presence of militant groups and criminal organisations, requires a multifaceted approach to address its root causes.
A report by the Beacon Security and Intelligence Limited, a security risk management and intelligence company based in Abuja, stated that at least 2,583 people were killed and 2,164 kidnapped in the first quarter of this year.
The record carries the number of killings and abductions across the country from January to March, indicating that 80 percent of the killings and 94 percent of the abductions occurred in the Northern part of Nigeria.
This report, however, varied with the position by the National Security Adviser (NSA), Nuhu Ribadu, who said that the casualty figures were going down, the consulting firm’s report showed that an average of 28 persons were killed and 24 kidnapped.
The Nigerian government, through the Minister of Defence, Muhammad Badaru Abubakar, during the maiden edition of the annual lecture series organised by the Nigerian Army Resource Centre in Abuja, said the security situation was under control.
The casualty figures in zones, according to the data from the Beacon Security and Intelligence Limited, revealed that out of the people killed during the period, 793 were from the North-West, 681 from the North-East and 596 from the North-Central. The casualties were recorded from bandits’ attacks, farmers/herders’ conflicts and communal clashes.
The South-West recorded 194 killings, the South-South, 161 people; and South-East, 158. The five states with the highest number of killings were Borno, 517; Benue, 313; Katsina, 252; Zamfara, 212 and Kaduna, 206. The data showed that out of the 2,164 persons abducted within the period, 1,297 were kidnapped in the North-West, 421 in the North-East, 330 in the North-Central, 30 in the South-West, 66 in the South-South and 20 in the South-East.
Kaduna State recorded the highest number of abductees with 546; Zamfara, 447; Borno, 340; Katsina, 252 and the Federal Capital Territory (FCT), 102. Experts hope that the present government under President Bola Tinubu will do the needful.
Firstly, addressing the socioeconomic factors that contribute to kidnapping is crucial. High unemployment rates, poverty, and lack of economic opportunities push individuals towards criminal activities. Investing in education, job creation programmes, and infrastructure development can help alleviate these issues and provide alternatives to crime.
Secondly, strengthening law enforcement and judicial systems is essential. Improving police training, equipping them with necessary resources, and enhancing collaboration between security agencies can help in apprehending criminals and ensuring justice for victims. Additionally, enhancing the efficiency of the judicial process and holding perpetrators accountable through swift and fair trials can deter future criminal activities.
Furthermore, enhancing intelligence gathering and surveillance capabilities can help in preempting kidnapping attempts and dismantling criminal networks. Cooperation between government agencies, intelligence services, and international partners can facilitate information sharing and coordination in combating organised crime.
Moreover, addressing corruption within the government and security forces is imperative. Corruption undermines efforts to combat crime by facilitating criminal activities and eroding public trust in institutions. Implementing anti-corruption measures, promoting transparency, and holding corrupt officials accountable can help in restoring trust and integrity within the system.
Community engagement and empowerment play a vital role in preventing kidnapping and other crimes. Building strong community relationships, fostering trust between residents and law enforcement agencies, and promoting community-based initiatives can help in identifying and addressing security threats at the grassroots level.
Finally, kidnapping in Nigeria is a complex issue that requires a comprehensive and coordinated approach. Addressing socioeconomic factors, strengthening law enforcement and judicial systems, enhancing intelligence capabilities, combating corruption, engaging communities, and promoting international cooperation are all crucial components in combating kidnapping and improving security in the country. However, it is important to remember that any strategy must prioritise human rights, the rule of law, and the protection of innocent lives.

Badamasi Junaidu
Junaidu writes from Abubakar Tatari Ali Polytechnic, Bauchi.

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Opinion

Local  Government As Agent Of Nation Building

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Development is regarded as sequential changes or growths that occur in a society or country over time. It remains a product of good governance, which mostly lies in the hands of those at the helm of affairs at a particular time and process that led to the emergence of such leaders.
The local government is universally found in contemporary societies, both in the developed and developing countries. It is a vital political institution, such that modern politics and administration revolves around it. Today, most countries across the globe have adopted democratic system of government, being the government of the people, by the people and for the people. In these countries, governance is centered on three tiers with constitutional backing to aid rapid development. A country like Nigeria has three tiers of government, Federal, State and Local Governments. Each tier has constitutional roles, aimed at complementing each other. The mother of them, that is, the Federal Government, plays significant roles in nation building, and this is one of the reasons why citizens always look unto the presidency and participate actively during presidential elections conducted by the Independent National Electoral Commission (INEC).
It is an established fact that citizens also perform their civic responsibilities as expected during the governorship elections, while there is a lot of apathy during the chairmanship and councillorship elections, forgetting that without a solid foundation, the longevity of structure or building is in doubt.
Citizens’ nonchalant attitude to the process that produces public administrators at the grassroots is quite alarming, and this usually results into having the wrong peg in the right hole.
Findings revealed that voter apathy associated with local government council elections was due to non-performance of some previous elected administrators, lack of security of lives or property and lack of trust in States Independent Electoral Commission (SIECs). Others include introduction of caretaker committees to man the affairs of the councils, do-or-die approach of political soldiers to the council’s polls, interest of the incumbent governors, choice of political godfathers, influence of respected monarchs and many more. The local government is a tier of government that provides essential services to the public, such as health and safety, transportation, sanitation, environmental, and utilities.
Also, it is the tier of government that ensures grading of rural roads, management of basic schools, local markets, among others. Public administrators play a crucial role in the delivery of these services and the management of local government organisations. Some time ago, the governor of Akwa Ibom State, Pastor Umo Eno, at the swearing-in ceremony of chairmen and vice chairmen of Nsit Ibom and Urue–Offong / Oruka Local Governments, compelled chairmen of the local government councils in the state to reside within their areas of jurisdiction for effective delivery on their mandate and development of rural areas.
Also, the ongoing campaign or demand for financial autonomy for local government by relevant stakeholders in the country further attests to how important this tier of government is in building a prosperous and self-sustained nation.
This development led to the conduct of local government council election in the 33 local government council areas of the state in 2021 by the current leadership of the Oyo State Independent Electoral Commission (OYSIEC), headed by a Senior Advocate of Nigeria, Aare Isiaka Abiola Olagunju. About 30 percent of registered voters took part in the election, a result that further attest to the long-time nonchalant attitude of citizens and residents to local government council elections. According to records, the feat attained by the commission in terms of voter turnout was the highest in recent times.
No doubt, democracy provides opportunity for people to choose their leaders and enables citizens to make their opinions known to those in power, enjoy good governance and interface with the authorities, especially those at the grassroots.
Adegoke writes in from Ibadan, Oyo State.

By: Adedamola Adegoke

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