*Rivers Govt. Ponder Next Move
THE Minister of the Federal Capital Territory (FCT), Mr. Nyesom Wike, has mocked Rivers State Governor, Siminalayi Fubara, Peoples Democratic Party (PDP) governors, especially PDP Governors Forum Chairman and Bauchi State Governor, Bala Mohammed and its presidential candidate in the 2023 general elections, Atiku Abubakar, over Friday’s Supreme Court judgment against the Rivers State Government.
Wike questioned whether Atiku and Mohammed would continue to praise Fubara for disregarding court orders, as they had previously done, now that the Supreme Court had intervened.
Recall that the Supreme Court, in a ruling delivered by Justice Emmanuel Akomaye Agim, affirmed the lower court order stopping the Central Bank of Nigeria (CBN) and the Accountant General of the Federation from disbursing federal allocations to the local councils in the state until Fubara ceases “all illegal, unlawful and unconstitutional activities.”
The apex court ruled that the funds could only be released to the Rivers State Government upon the passage of a lawful Appropriation Law by the state House of Assembly with Martin Amaewhule as Speaker until a court of competent jurisdiction declares otherwise.
The judgment thereby reinstated the 27 members of the Assembly, including those loyal to Wike, and directing them to resume their legislative duties immediately, in what is a double trouble for Fubara and his supporters.
The apex court said it was unconstitutional for Fubara to work with only four out of the 31 House of Assembly members.
The Justices berated Fubara for bringing down the House of Assembly building in order to stop the 27 pro-Wike lawmakers from sitting, thereby forcing them to sit outside the complex to carry out their legitimate activities, insisting: “Four members sitting as purported members of the House of Assembly in disobedience to the subsisting order of the court is a nullity.”
It stated that the governor used his immunity under Section 308 of the 1999 Constitution to carry out “barbaric acts” against the rule of law, adding:
“It is my view that it is indiscipline born out of executive powers. This is a joke taken too far.”
Agim stated that the 27 members of the House of Assembly must be allowed to resume their duties without being stopped, noting: “The government cannot be said to exist without one of the three arms of government. The illegal actions of the governor cannot be justified.”
In a separate judgment delivered by Justice Jamilu Tukur, the apex court declared the conduct of the October 24, last year, local council election in the state null and void, insisting that all the necessary conditions required to be implemented were disregarded by the Rivers State Electoral Commission (RSEIC).
It set aside the judgment of the Court of Appeal nullifying the decision of the lower court on the grounds that it had no jurisdiction, thereby restoring the decision of the Federal High Court.
Recall that Justice Peter Lifu of the Federal High Court in Abuja had restrained the RSIEC from proceeding with the conduct of the council polls on the grounds that the state voter’s register must be updated before the exercise.
It held that the failure of RSIEC to comply with the mandatory requirement of publishing a 90-day notice before setting the election date violated the provisions of the local government election conduct law.
In his reaction, Wike, at a press conference in Abuja, while describing the ruling as a confirmation that lawlessness in Rivers State must end, aid: “These are some of the things we see in this country, when you say something, people will start to carry blackmail and would fall trap to that.
“For me, it’s happiness for Rivers people and Nigerians that, yes, this impunity must stop, enough is enough.
“You are aware when the issue of local government came up, a governor elected, who has taken oath to abide by the constitution, came out to say that it’s a corrupt judgment.”
“But we thank God, today, the apex court had said it all; go back, you have no budget; Central Bank and Accountant General, you can’t continue to release money when there is no government. Until you present your budget to the appropriate Assembly, which is the 27 members, no money should be released.”
Wike criticised his estranged political godson for refusing to comply with electoral laws regarding local government elections, saying: “You refused to follow the Electoral Act, in terms of conducting the local government election. What was the issue?
“INEC doesn’t release voters’ register if you don’t comply with court given order, but you said no, that you won’t obey, and Nigerians were clapping.”
Wike queried Atiku and Mohammed’s earlier stance in light of the apex court’s ruling, noting: “People like Atiku were hailing, that yes, you have done well. I hope they will also hail him today? I hope the chairman of PDP Governors Forum will also hail him today?”
The immediate past governor of Rivers State stressed the importance of upholding democratic principles, saying: “The Supreme Court has said enough is enough, we must not truncate our democracy. If they had allowed this, one day one member would constitute an Assembly and there is nothing you can do.”
Earlier in a viral video with his allies, Wike was seen praising God for the victory at the Supreme Court, saying: “Let’s give God all the glory and honour. God has helped to do it for everybody and for the interest of the people and the state.
“A governor would go and bring down the House of Assembly, and we will act as if nothing has happened to an arm of government that is independent.”
Following the judgment, the 27 pro-Wike lawmakers held a plenary immediately, where
Amaewhule hailed the judgment, describing it as victory for democracy and rule of law.
Amaewhule, in a statement by his media aide, Martins Wachukwu, titled, ‘We believe Governor Fubara will repent from his legion of sins, now that the Supreme Court has spoken, expressed hope that with the judgment, Fubara would repent from his sins and desist from running a criminal government with illegal appointees.
Meanwhile, the Rivers State Government said it was awaiting a comprehensive briefing on the implications of the judgment regarding state allocation and local government administration.
Commissioner for Information, Joe Johnson, in a statement, said government would thoroughly assess the situation upon receiving detailed information before deciding on the next course of action in the best interest of the state and its residents.
He charged the people to remain calm and law-abiding and continue their daily activities as the government seeks further clarity on the ruling.
He, however, insisted that the issue of defection of the 27 lawmakers was not a matter before the Supreme Court, but pending before the Federal High Court in Port Harcourt.
“At this time, we are awaiting a detailed briefing on the implications of the judgment. We will carefully evaluate the situation and determine the next steps to take in the best interest of Rivers State and its people.
“Since the issue of defection wasn’t on the table before the learned Justices, in their eyes, Amaewhule and the 26 others are still operating as lawmakers until that matter of defection comes before them.”
In a related development, the Independent National Electoral Commission (INEC) has called for caution regarding the issue of vacancies in the Assembly.
This followed Fubara’s accusation of the body of selectively implementing elections to fill vacancies caused by political defections, particularly regarding the state Assembly.
INEC, in a statement signed by the Chief Press Secretary to the INEC Chairman, Mr. Rotimi Oyekanmi, stated clearly that the matter was still subjudice, with multiple court cases, including those before the Supreme Court, awaiting final decisions, adding that any attempt to act before the courts reach a conclusion on the matter could lead to the unnecessary waste of public funds and potentially result in the nullification of any actions taken.
