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Rivers: The Gathering Storm

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Since the rumour that

Governor Rotimi Amaechi of Rivers State is nursing an ambition to be the next vice president to a northern presidential candidate in 2015 started circulating, many disturbing developments have occurred.

Whether this rumoured ambition is true or not, it is totally irrelevant. The truth is that every Nigerian over the age of 40 is entitled to aspire to be president or vice president of Nigeria. This constitutional entitlement is not in any way qualified by the party or zonal relationship between an incumbent president and the aspirant. That is why the series of unfortunate events that have occurred in Rivers State since the so-called aspiration was published are most disturbing, ominous and dangerous.

The publication in- various newspapers in the last few weeks have disclosed that the following disturbing events have occurred:

1. The grounding of the official private jet of the Rivers State Government: intended apparently to cripple the Rivers State governor’s movements around the country.

2. Prevention, by police of the state House of Assembly from functioning.

3. Escorting some suspended members of the House of Assembly accompanied by hoodlums masquerading as protesters by the police with the apparent intention of initiating impeachment action.

4. Prevention of the Caretaker Committee of a local government council from functioning.

5. The withdrawal of the security details of the Speaker of the state House of Assembly.

6. The threatened withdrawal of the security detail of the governor himself.

What all these events establish is that neither democracy nor federalism is functioning properly in Nigeria. Any Nigerian, more so, a high official like a governor, is entitled to have presidential ambition. It is his constitutional and democratic right.

To lay a siege on him and his state because of the rumour of vice presidential interest is a major assault on our so-called democracy. The sort of events that have been occurring recently in Rivers State have a threatening and intimidating effect and are unworthy of any society governed by the rule of law. When any Nigerian is threatened and his environment surrounded by the sort of dark clouds and storms being witnessed in Rivers State, it is democracy and democratic rights in the whole country that are endangered.

The above developments have also demonstrated the fact that Nigeria is not a federation, but merely a unitary state pretending to be one.

In a federation, both the Federal Government and the federating units are autonomous and independent of each other. This has been stated again and again by both national and international authorities, including our own Supreme Court.  As Wheare put it, “the fundamental and distinguishing characteristic of a federal system is that neither the central nor the regional governments are sub-ordinate to each other, but rather, the two are co-ordinate and independent”. In short, in a federal system, there is no hierarchy of authorities, with the central government sitting on top of the others. All governments have a horizontal relationship with each other.” (Wheare, Federal Government, 4th Ed … OUP, 1963).

According to Professor B. O Nwabueze: “Federalism, therefore, may be described as an arrangement whereby powers within a multi-national country are shared between a federal or central authority and a number of regionalised governments in such a way that each unit including the central authority exists as a government separately and independently from the others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the ‘conduct of affairs and with an authority in some matters exclusive of all others. In a federation, each government enjoys autonomy, a separate existence and independence of the control of any other government. Each government exists, not as an appendage of another government (e.g. of-the federal or central government) but as an autonomous entity in the sense of being able to exercise its own will on the conduct of its affairs free from direction by any government.

Thus, the Central government on the one hand and the State governments on the other hand are autonomous in their respective spheres.” (Nwabueze, Federalism in Nigeria under the Presidential Constitution, Sweet & Maxwell, 1983, p.2.)

In Attorney-General of Lagos State v Attorney-General of the Federation [2003] 6 SC Pt. 1, p.24 at pages 35 and 57, Uwaifo JSC explained the nature of a federation lucidly as follows: “But I do not need to repeat that Nigeria operates a federal system of government. Section.,2(2) of the 1999 Constitution reenacts the doctrine of federalism.

This ensures the autonomy of each government. None of the governments is subordinate to the other. This is particularly of relevance between the State Governments and the Federal.

Government, each being, as said by Nwabueze in his book, The Presidential’ Constitution of Nigeria…pages 39-42, an autonomous entity in the sense of being able to exercise its own will in the conduct of its affairs within the Constitution, free from direction by another government. I think it is significant that shortly before and since the independence of Nigeria in 1960, all the Constitutions that have been enacted have taken the pattern of federalism. Under this system, each tier of government has its legislative competence or functions conferred on it as the case maybe”.

In conclusion, Uwaifo JSC stated thus: “it is a non-controversial political philosophy that the Federal Government does not exercise supervisory authority over the state governments.” (at p.60).

From what has been happening in recent weeks in Rivers State, it is clear that if every state has its own Police Service, there will be no need for the Federal Police to provide security for state authorities and agencies.

Therefore, to the extent that states do not have their own police forces, our federalism remains incomplete and underdeveloped. The National Assembly, therefore, has a lot of re-thinking to do about the present attempt to amend the Constitution.

What it has done so far, is, in fact, a perverse movement towards more centralism and unitarism and that is contrary to the interest of an enduring Federal Republic of Nigeria.

It is now obvious that there is need to look at our constitutional provisions in order to restructure them for the achievement of true federalism, in which states and their governors will be able to assert their autonomy and independence from the Federal Government. The current events in Rivers State are ominous and do not portend well for the future of the Federal Republic.

Sagay is a Senior Advocate of Nigeria (SAN).

Culled from Sunday Vanguard, May 19, 2013.

 

Prof Itse Sagay

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Atiku Names Kenneth Okonkwo As Spokesperson

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The African Democratic Congress (ADC) presidential hopeful for 2027, Alhaji Atiku Abubakar, has named actor and politician, Mr Kenneth Okonkwo, as his spokesperson.

Mr Okonkwo made the announcement on his X (formerly Twitter) account on yesterday, expressing gratitude for what he called Alhaji Abubakar’s show of faith in him.

“I give God all the glory for being appointed by His Excellency Atiku Abubakar as his spokesperson. I thank His Excellency for the immense confidence reposed in me,” Mr Okonkwo said.

The politician credited Alhaji Abubakar with championing dialogue over conflict within party ranks.

He noted that the former vice president favours conversation and compromise when party associates raise genuine worries, rather than dismissing their concerns.

“Rather than take offence at associates for expressing genuine reservations about any action taken, His Excellency always opts for dialogue and compromise that engender solutions to problems,” Mr Okonkwo stated.

According to him, recent talks with Alhaji Abubakar and other ADC leaders tackled worries about South-East political representation within the limits of the Electoral Act, 2026, and the current political climate. He said the discussions produced guarantees for the region’s interests despite existing constraints.

Mr Okonkwo also acknowledged the work of Dr. Kashim Imam; former ADC National Chairman, Ralphs Nwosu; Ekene Onwuka, Alhaji Abubakar’s Senior Special Assistant on Special Duties, in preparing the party for next year’s elections. He thanked his loved ones and supporters for their support and prayers.

“I still covet your prayers for wisdom, courage, provision and protection needed to carry out this challenging responsibility, which will usher in a glorious and great Nigeria,” he added.

The appointment arrives weeks after Mr Okonkwo publicly attacked the ADC’s pick for running mate in 2027. He’d warned that choosing a vice-presidential candidate from the South-South would worsen what he sees as political neglect of the South-East, a region without a president or vice president since 1999.

Despite Mr Okonkwo’s objections, the ADC later announced former Rivers State Governor and ex-Minister of Transportation, Mr Rotimi Amaechi, as Alhaji Abubakar’s running mate following the ex-vice president’s clinching of the party’s presidential nomination.

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Senate Defends Passage Of State Police Bill

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The Senate has defended the passage of the Constitution of the Federal Republic of Nigeria (Alteration) (State Police) Bill, 2026, saying the proposed creation of state police is driven by national consensus and the country’s security needs rather than political considerations.

The Red Chamber passed the bill last Wednesday after more than two-thirds of senators voted in support.

In a statement issued yesterday by the Directorate of Media and Public Affairs, Office of the Senate Leader, Senator Opeyemi Bamidele described the bill as “a child of necessity and not of political expediency as well as a product of national consensus and not of cynicism.”

 

The senate leader said the proposal to establish state police was a matter of urgent public importance that could not be delayed because of political interests, given the country’s security challenges.

He explained that the proposal did not originate recently but emerged from memoranda submitted to the Senate Ad-hoc Committee on the Review of the 1999 Constitution.

According to him, the proposal underwent extensive consultations and rigorous scrutiny because of its sensitive nature.

Bamidele said the National Assembly consulted widely with the Executive, the Nigeria Governors’ Forum, the Conference of Speakers of State Legislatures of Nigeria, the leadership of the Nigeria Police and other stakeholders before passing the bill.

He added that during the public hearings conducted across the six geopolitical zones in July 2025, participants overwhelmingly supported the creation of state police.

“At each level of our consultation, nearly all stakeholders embraced the State Police Bill in the light of stark realities we are facing today,” he said.

The Senate leader noted that recommendations from the Nigeria Police contributed to the bill, particularly on accountability and oversight mechanisms aimed at preventing abuse of state police by political actors.

According to him, the police’s support for the proposal underscores its national significance in tackling insecurity at the state and local levels.

Bamidele also said the bill received broad bipartisan backing in both chambers of the National Assembly.

“Even though the APC is the majority, there are members of opposition parties — PDP, ADC, NDC and Labour Party — that exercised their discretion in favour of the Bill, mainly in the national interest and not on parochial basis.

“In the Senate, for instance, 84 out of 109 members voted clause by clause in support of the Bill. This accounted for 77.06 per cent approval at the Senate alone,” he said.

He argued that national security should transcend political affiliations, saying political actors in other countries often set aside partisan interests to support initiatives that strengthen security.

Bamidele called on opposition parties to contribute constructive ideas that would promote peace and stability, adding that they have a responsibility to offer alternatives that would strengthen the country.

“Even when they disagree on some grounds, they are under obligations to provide credible and useful ideas that can make our nation better and greater. Unfortunately, they have not passed this critical test of opposition democracy,” he said.

 

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Probe N6.3bn Constituency Funds Or Face Legal Action, SERAP Tells Akpabio, Abbas

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The Socio-Economic Rights and Accountability Project (SERAP) has called on Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to refer allegations of the diversion or non-accounting of over ?6.3 billion in constituency project funds to anti-corruption agencies for investigation and possible prosecution.

 

The group also urged the National Assembly leadership to ensure that anyone found culpable is prosecuted where sufficient admissible evidence exists, while all diverted or unaccounted public funds are recovered and paid into the treasury.

 

In a letter dated June 27, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the allegations were contained in the Auditor-General of the Federation’s 2022 Annual Report, published on September 9, 2025.

 

The organisation disclosed this in a statement signed and released by Oluwadare, yesterday.

 

SERAP also asked Akpabio and Abbas to disclose the identities of contractors and companies, including their shareholders and beneficial owners, that allegedly received constituency project funds but failed to execute the projects.

 

It gave the National Assembly seven days to act on its recommendations, warning that it would institute legal proceedings should the legislature fail to respond.

 

“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and the National Assembly to comply with our request in the public interest,” the letter stated.

 

It said, “The allegations involve several federal ministries, departments and agencies, including the Environmental Health Registration Council of Nigeria (EHORECON); the Federal College of Animal Health and Production Technology, Volm; the Federal Polytechnic, Udana; the National Agency for the Prohibition of Trafficking in Persons (NAPTIP); and the National Institute of Legislative and Democratic Studies (NILDS).

 

“The Auditor-General identified numerous cases of payments into private bank accounts, contracts awarded without due process, payments for contracts not executed or services not rendered, undocumented expenditures, inflated contracts, procurement irregularities and failures to account for public funds, recommending in each case that the funds be recovered and remitted to the treasury.

 

“According to the 2022 audited report, contained in pages 367 to 396, the Environmental Health Registration Council of Nigeria (EHORECON or Council) Abuja paid over ‘N22 million [N22,944,565.16] into the private account of some members of staff of the Council from the Constituency Projects Fund Account.

 

“There ‘was no evidence of the utilization of the funds and no explanations on the purpose for the payment of such amount into the individual accounts.”

 

SERAP added, “The Council (EHORECON) also in 2021 ‘awarded suspicious consultancy contracts of over N12 million [N12,030,818.29] for the development of Modern Abattoirs in Kebbi State and the supervision of 7 projects in Kebbi, Jigawa, and Headquarters Abuja.

“The money was to ‘produce bills of quantity, architectural design, structural design, mechanical design, and electrical designs for the contracts and supervision.’ But ‘the ‘items could not be found.’”

 

Altogether, SERAP said the Auditor-General’s 2022 report alleged EHORECON paid more than ?1.8 billion in constituency project funds through questionable transactions.

 

For the Federal College of Animal Health and Production Technology, Vom, SERAP said the institution “in 2022 reportedly ‘paid over N279 million [N279,700,500.00] to 3 contractors to empower and train youths in selected vocational areas in Borgu and Kontagora, Niger State, train women and youths in entrepreneurship in Niger East Senatorial District and to train youths and women in agro production and self-reliance in Barki Ladi/Riyom Federal Constituency, Plateau State.

 

“But the money was paid to the contractors without any document.’”

 

Other irregularities involving the college include another ?279.7 million in mobilisation fees allegedly paid without documentation, and more than ?629.4 million paid to unqualified contractors for various constituency projects without evidence of due process, contract advertisements or details of the contractors.

 

SERAP further alleged that the Auditor-General’s report identified multiple financial irregularities involving the Federal Polytechnic, Ukana, Akwa Ibom State, including over ?407 million allegedly paid as mobilisation fees without supporting documents, more than ?399 million paid to unqualified contractors, contracts allegedly inflated by over ?192 million, over ?279 million paid for projects not fully executed, ?50 million allegedly paid for an unexecuted borehole project, and more than ?83 million disbursed without the required documentation or approvals.

 

It also alleged that NAPTIP reportedly irregularly awarded contracts worth over ?21.8 million, paid more than ?176.8 million for logistics and consultancy services without supporting documents, and disbursed over ?89.6 million and ?4.4 million for projects that were allegedly not executed.

 

The report also alleged that NILDS failed to submit audited financial statements for 2012 to 2022, did not remit over ?15 million in stamp duties, and spent ?1.6 million without authorisation from the Office of the Accountant-General of the Federation.

 

SERAP said the report recommended the recovery of the affected funds and their remittance to the treasury.

 

It argued that corruption in constituency projects disproportionately affects poor and vulnerable Nigerians by diverting resources meant for public services and development.

 

It added that the National Assembly, in exercising its oversight responsibilities, should demonstrate leadership by ensuring accountability in the management of constituency project funds.

 

The organisation further argued that the allegations, if established, would amount to breaches of the Constitution, the Fiscal Responsibility Act 2007 and the Public Procurement Act 2007, which require transparency, accountability and due process in the management of public resources.

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