MC Oluomo Defies Court Order, Assumes Office as NURTW President
November 20, 2024Federal Government Reshuffles Governing Councils of FUOYE, Kogi Varsity
November 20, 2024Rivers Crisis Deepens As Police Take Over Assembly Quarters..Read Details
Rivers Crisis Deepens As Police Take Over Assembly Quarters..Read Details
The police authorities yesterday (Friday) deployed about 30 armed policemen to protect the official quarters of members of the Rivers State House of Assembly on Aba Road, Port Harcourt.
The move was apparently in response to an allegation by the pro-Wike factional Speaker of the House Martins Amaewhule, that the complex had been penciled down for demolition by Governor Siminalayi Fubara.
The deployment of the policemen to the quarters came on a day a Rivers State High Court barred the 27 lawmakers led by Amaewhule from further sitting as legislators for the state, and the All Progressives Congress (APC) branded some of the actions and utterances of the governor as an invitation to impeachment.
And following reports of the plenary sitting of the pro-Wike legislators yesterday, Governor Fubara took action, relocating the House of Assembly to the Auditorium, Admin Block of the Government House, Port Harcourt.
The state government made public Executive Order 001 of December 14, 2023, giving effect to the relocation.
The policemen were seen yesterday manning the estate’s two gates.
They had about 30 patrol vans which were parked in and around the gates.
But there was no restriction on people from going in or coming out of the estate.
The pro-Wike legislators raised the alarm about alleged planned demolition soon after a visit to the complex on Thursday by the governor.
Amaewhule said while other state governors were busy working on how to improve the well being of their people, Fubara was looking for structures to demolish.
But the governor said there was nothing to his visit to the complex.
“Is the Assembly quarters not part of my property? Is there anything wrong in going to check how things are going on there?” he shot back at reporters who had asked him about his mission.
He added: “You are aware of the developments. We have a new speaker, and I went there to see for myself how things are. There might be a few things I might want to do there for the good of our people.”
It was learnt that following the alarm raised by Amaewhule, the anti-Fubara lawmakers including some chieftains of the APC, kept vigil around the estate till daybreak.
Reacting to the deployment of the policemen to the complex yesterday, a pro-Fubara group – Sim Media Volunteers (SMV) – asked the Inspector-General of Police (IGP) to monitor activities of his officers in the state and ensure they observed the rules of engagement.
The Convener of the group, Frank Kilsi, alleged the arrest and intimidation of the governor’s supporters by the police, saying the development could lead to anarchy.“We call on the Inspector-General of Police to rein in his men and exercise restraint by stopping the unnecessary attack or wanton arrest on any of the governor’s supporters, as further harassment could lead to anarchy and breakdown of law and order that may not do our state any good,” Kilsi said in Port Harcourt yesterday.
He pleaded with stakeholders including political leaders, traditional institutions and law enforcement agencies, to ensure that the rights and freedom of the people are upheld and protected at all times.
He told those he called the sore losers of the inglorious October 30, 2023 impeachment plot against the governor to “stop their callous, mischievous and barefaced sabotage and evil against the governor and his government.”
Kilsi expressed support for the factional Speaker, Victor Oko-Jumbo, and Leader, Sokari Goodboy, describing their emergence as a welcome development in the journey to liberate Rivers from bondage.
He said: “Indeed, true redemption has begun in Rivers State and we shall stand firm as youths of our dear state to support the new leadership of the House and the indefatigable governor of Rivers State.”
The Caretaker Committee (CTC) chairman of the APC in the state, Chief Tony Okocha, yesterday visited the principal officers of the legislature loyal to the Minister of Federal Capital Territory (FCT), Nyesom.Wike, and pledged the support of the party for them in their ongoing face-off with the governor.
He tasked them to remain focused on their duties as legislators and continue to make good laws for the people of the state.
“It wasn’t a ‘waka pass’ mission but deliberate visitation,” he told reporters.
“I watched on television how the Chief law breaker of Rivers State, Governor Sim, forced himself in a Gestapo and commando style with gun trotting official and unofficial security men into the residence of assembly members yesterday (Thursday), intimidating and harassing and sending scares on the children and residents of the beautiful edifice built with tax payers’ money and commissioned.
“I went to check up with them and to assure them of the unwavering support of the APC Rivers.
“I continued with the charge that they should remain fixated in the business of making good laws for the state and never yield to any form of intimidation from any quarter.”
He confirmed that no harm befell any of the lawmakers and their family members following the visit.
“Of course, I counted and none was lost.”
He was accompanied by Amaewhule.
The pro-Wike legislators, at a plenary session at the auditorium of the Assembly quarters yesterday, decried what they described as the autocratic style of Fubara in running the affairs of the state.
They asked President Bola Tinubu to put an end to alleged anti-democratic actions of the governor.
Amaewhule’s media aide, Martin Wachukwu, quoted the Majority Leader, Major Jack, as accusing Fubara of planning to demolish the recently built Assembly Quarters.
Members were said to have listed what they called the tyrannical actions of the governor beginning with the burning of the Chamber of the Assembly, demolition of the Assembly Complex, attack on the official residence of the Speaker, withholding of Local Government Councils Fund and withholding of Assembly Service Commission Fund.
Members described such actions of the governor as despotic and pleaded with all well-meaning people of Rivers State and the President of the country to call the Governor to order.
Amaewhule in particular described the invasion of the Assembly by Governor Fubara as vexatious, claiming that the governor had conducted himself in a dictatorial manner.
He said people were wondering if the governor appreciated the import of the independence of the three arms of government as enshrined in the constitution.
Amaewhule charged members to stand firm and fight for the survival of democracy in the state and to resist ethnic division under any guise.
The House resolved to write to the British High Commission, the American Embassy, the European Union and the United Nations to intimate them of the alleged tyrannical disposition of Fubara towards the Rivers State House of Assembly.
Members of the Association of Local Governments of Nigeria (ALGON), Rivers State chapter, led by the Chairman of Port Harcourt City Council, Allwell Nwunwor, appeared before the House on the invitation of the House Committee on Local Government.
They narrated the plight of the local government chairmen, saying their monthly allocations had been withheld by the Governor in breach of Section 162(7) and (8) of the Constitution of the Federal Republic of Nigeria1999 as altered.
The council chairmen said that the unlawful seizure of councils’ funds had resulted in increase in crime and criminality in the various LGAs because they were bereft of needed funds to tackle serious security matters.
The chairmen prayed the House to come to the aid of the councils, lamenting that the administration at the third tier of government had been strangulated on the directives of the governor.
Remarking on the Complaints of the Council Chairmen, Amaewhule stated that the provisions of Section 7 of the Constitution of Nigeria, and the Rivers State Local Government Law, 2024, do not confer on the governor any direct control over the day to day administration of the councils.
He said Fubara’s action were inimical to all known democratic symbols and ethos.
The Speaker added that Fubara had no respect for the President of the Federal Republic of Nigeria and all that he represented, given his anti-democratic comments and allusions.
The House resolved to take all necessary steps to ensure that the seized funds were released, including writing to the banks not to have any financial dealings with anybody on behalf of the Local Government Councils without the authorisation of the council chairmen.
The gazette cited the burning of the chamber of the House of Assembly on October 29th, 2023 as the reason for the relocation.
Fubara said the current state of the chamber was unsafe and constituted a threat to the lives of the staff and members of the House of Assembly.
He said it was expedient to carry out urgent repairs, renovation and reconstruction of the burnt and damaged chambers of the House of Assembly.
He added that it was reasonable to ensure that the proceedings of the House of Assembly were not impeded and frustrated.
He said: “Now, therefore, I, Sir Siminalayi Fubara, the Governor of Rivers State, this 30th Day of October, 2023, pursuant to the powers vested in me under the 1999 Constitution of the Federal Republic of Nigeria hereby issue, order and direct that all proceedings and business of the Rivers State House of Assembly shall temporarily take place at the auditorium, Admin Block, Government House, Port Harcourt, until the repairs, renovation and reconstruction of the chambers of Rivers State House of Assembly.”
Justice C.N. Wali, gave the order while ruling on a motion ex-parte filed by the newly elected factional Speaker, Victor Oko-Jumbo and two other pro-Governor Siminialayi Fubara lawmakers, Sokari Goodboy and Orubienimigha Timothy.
Listed as defendants in the substantive suit are 25 lawmakers, the governor of Rivers State, the Attorney-General and the Chief Judge of the state.
The court also stopped the governor, the attorney-general and the Chief Judge from interacting with the affected lawmakers.
The order specifically asked the lawmakers to stop parading themselves as members of the House of Assembly or conducting any legislative business as members of the House.
The court also ordered them to stop sitting at the auditorium of the House of Assembly quarters located on Aba Road or any other place whatsoever to conduct the business as members of the House of Assembly.
The court said: “An order of interim injunction is granted restraining the 1st to 25th defendants from parading and holding out themselves as members of the Rivers State House of Assembly and or meeting sitting at the auditorium of the House of Assembly quarters located at off Aba Road, Port Harcourt or any other place whatsoever to purport to carry out the legislative business of the Rivers State House of Assembly their legislative seats having been declared vacant pending the hearing and determination of the motion on notice.
“An order of interim injunction is hereby made restraining the 26th to 28th defendants from dealing with, interfacing, accepting any resolution, bills and or however interacting with the 1st to 25th defendants in the purported capacities as members of the Rivers State House of Assembly their legislative seats having been declared vacant with effect from 13th December 2023 pending the hearing and determination of motion on notice.”
The court further directed that the order, the motion on notice and other processes be served on the 1st to 25th defendants within seven days by substituted means.
The court adjourned to the 29th of May for the motion on notice.
The lawmakers affected by the order are Martin Amaewhule, Dumle Maol, Major Jack, Franklin Nwabochi, Christopher Ofiks, Azeru Okpara, Enemi George, Granville Wellington, Ngbar Bernard, John Iderema, Queen Uwuma Williams, Loolo Opuende, Abbey Peter, Igwe Aforji, Justina Emeji, Ignatius Onwuka, Chimzie Nwankwo, Lemchi Nyeche, Barile Nwakoh, Emilia Amadi, Nkemjika Ezekwe, David Okobiriari, Nwankwo Sylvanus, Gerald Oforji and Wami Solomon.
Yesterday’s interim injunction restraining the 27 pro-Wike legislators from further sitting as legislators for the state is the latest in the long list of litigations triggered by the face-off between the Wike camp and the Fubara camp.
In January, Justice James Omotosho of the Federal High Court sitting in Abuja had restrained Fubara and the state government from invading, interfering or stopping the lawmakers from holding meetings, or accessing the Rivers State House of Assembly complex.
The court also voided the presentation of the 2024 Appropriation Bill by Fubara before a four-member legislature led by Edison Ehie. It also declared invalid the reposting and redeployment of the clerk and deputy clerk of the state House of Assembly.
It declared that the governor was not entitled to invite the National Assembly (NASS) to take over the Rivers State House of Assembly and that the NASS lacked powers to do so in the instant case.
Similarly, it restrained the National Assembly from accepting, entertaining or dealing with the request from Fubara to take over the legislative function of the state Assembly.
He further issued an order of mandatory injunction compelling the Inspector General of Police to protect and provide adequate security and protection to the Speaker and other members of the state assembly.
The court upheld the submission of the Rivers State House of Assembly and Amaewhule that the four-member faction to which the budget was presented was not the authentic leadership of the Rivers Assembly by law.
The judge said: “The presentation of the bill is void and deemed not to have been presented, passed into law” since it was presented to an unconstitutional six out of the 31 members of the Rivers State House of Assembly, in flagrant disobedience of an order of court.”
The state assembly and Amaewhule had, in the suit marked: FHC/ABJ/CS/1613/2023, challenged an alleged plan by the National Assembly to take over their legislative duties in the state.
They had specifically accused Fubara of inviting the National Assembly to take over the state’s legislative functions in a bid to stop his impeachment by the lawmakers.
Observing that there was no evidence before the court to show that the Rivers Assembly could no longer sit or carry out its legislative duties, the judge described as an academic exercise the issue of action notice raised by the appellants.
The national leadership of the APC yesterday took a swipe at Fubara for declaring the 27 House of Assembly members who defected from the Peoples Democratic Party (PDP) to the APC non-existent.
The APC said the governor’s statement smacked of lawlessness and repudiation of the Constitution.
Addressing newsmen in Abuja, APC National Publicity Secretary Felix Morka warned Fubara against turning himself into “despot-in-chief of the Rivers State House of Assembly.”
He said: “The Governor has unlawfully withheld local governments’ funds as a punitive measure against perceived opponents, and only recently, directed that all heads and officials of the 23 Local Government Areas should ignore the summons of the State Assembly as he threatened to sack officials who flouted his directive.
“Governor Fubara cannot abrogate the Constitution of the Federal Republic of Nigeria. He cannot be governor and be despot-in-chief of the Rivers state House of Assembly at the same time.
“Attempting to impose an illegal 3-man House of Assembly is executive lawlessness in the extreme. Governor Fubara’s quest to repudiate the Constitution and govern in denial of the existence of the state legislature is, in and of itself, among other grounds, an impeachable offence.
“We strongly counsel Governor Fubara to submit himself to the dictates of the Constitution and the rule of law. In any and all contests between Governor Fubara and the Constitution of the Federal Republic of Nigeria, the Constitution shall prevail, always.
“The good people of Rivers state deserve so much more than the seemingly unending chicanery of Governor Fubara.”
On Fubara’s declaration that the House of Assembly was non-existent on account of the defection of the 27 members from PDP to APC, Morka maintained that the governor was sorely misled.
Continuing, he said: “Contrary to PDP’s assertions, it is not APC that is calling for the impeachment of Governor Fubara. Rather, by his egregious actions, conduct and infantile comments, Fubara is actively and vehemently precipitating his own impeachment.
“Governor Fubara’s declaration that the Rivers State House of Assembly does not exist is not only reckless, it is a direct affront to the Constitution of the Federal Republic of Nigeria.
“The House of Assembly is a creation of the Constitution, and vested with the legislative authority of the state. The members of the Assembly were elected by the good people of Rivers State in the same manner that Fubara was elected Governor.
“The Assembly does not exist at the Governor’s pleasure or fanciful whims. The legislature is at the core of the idea of democracy. It is co-equal with the executive and judicial arms of government.
“The constitutionally entrenched principle of separation of powers among the three arms of government guarantees essential checks and balances required to ensure observance of the rule of law. The rule of law is indispensable to democracy and constitutional order.
“If his declaration that the House of Assembly is non-existent is based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Governor Fubara is sorely misled.
“To be clear, the 27 Assembly members did not lose their membership of the Assembly by virtue of their decampment. There is nothing homeostatic about Section 109(1)(g) of the Constitution. It is not self-executing. The Proviso to the said Section 109(1) (g) established exceptional grounds to the applicability of Section 109(1)(g)
“Section 109(1) states: A member of a House of Assembly shall vacate his seat in the House if – (S.109(1)(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 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.”
Morka then argued that only a court of law that can make a determination as to whether a member of the House of Assembly has vacated his seat in accordance with that provision of the Constitution.
“As no such judicial determination has been made, the 27 APC members of the House of Assembly remain the constitutionally recognised and authorised members of the Rivers State House of Assembly.”
Also yesterday, the Rivers State Government described as a tissue of lies claims by the immediate past Attorney-General and Commissioner for Justice, Prof. Zacchaeus Adangor, SAN, that he resigned his position because Governor Fubara asked him to institute a legal action challenging President Tinubu’s eight-point resolution on the crisis rocking the state.
Information and Communication Commissioner, Warisenibo Joe Johnson described Adangor’s statement as deliberate falsehood and an afterthought.
Adangor, a Wike loyalist, resigned his position soon after Fubara reassigned him to the Ministry of Special Duties.
Adangor had said he became a target when he refused to obey the governor’s directive to challenge the Presidential Proclamation on Rivers crisis.
But Johnson said yesterday that the allegation was false.
He said: “It is a clear fact that is already in the public domain that Mr. Adangor SAN personally stated in his letter of resignation on Ministry of Justice letterhead dated 24th April, 2024 upon his redeployment as Commissioner for Special Duties (Governor’s Office), wherein he said that he was not going to be reassigned, and added falsely that the Governor was interfering with his work.
“It is, therefore, so surprising that instead of clearing himself of the open declaration by His Excellency, Sir Siminalayi Fubara, that he (Adangor, SAN), is a saboteur, the learned Senior Advocate of Nigeria has whimsically resorted to cheap blackmail and barefaced falsehood.
“One would have expected the Senior Advocate of Nigeria to respond to that weighty accusation to clear his name and tainted image, instead of the resort to afterthought of twisting the facts, simply to divert attention”.
Johnson said that it was public knowledge that going by the governor’s antecedents, he could not have interfered with the work of the former Attorney-General and Commissioner for Justice nor instigated Prof. Adangor to initiate any legal process against the President for his intervention in the Rivers State political crisis orchestrated by “those who are hell bent on playing God” in the state.
He said: “This is because we have the facts on why Prof. Zaccheus Adangor, SAN hastily resigned from the State Executive Council when it was discovered the type of person he is.
“Most shocking is that as a professor of law, Prof. Adangor used frivolously the official letterhead of Ministry of Justice, which was not to be, to write his letter of resignation instead of his personal letter heading.
“We, therefore, use this medium to challenge Professor Zaccheus Adangor, SAN, to come clean by telling Rivers people, and indeed the world the truth, the whole truth and the only truth about his escapades. Opinions are free, but facts are sacred.”
Reviewing the Rivers State crisis yesterday, especially as it affects the PDP, a former Deputy National Chairman of the party, Chief Olabode George, called on elders and other stakeholders to immediately intervene in the conflict “before it becomes a national conflagration.”
Speaking in Lagos, George also asked President Tinubu not to treat with levity the threat by some members of the House of Assembly to impeach Governor Fubara.
The party elder, who described oil-bearing Rivers as one of the strongholds of the PDP, said the oil-bearing state belongs to PDP, adding that nobody should sit on the fence and pretend as if everything is okay.
George argued that under the law, the PDP lawmakers who defected to the APC have automatically lost their seats “and they are in no position to threaten Governor Fubara. So, their plot to commence impeachment proceedings against the governor is already in vain.
He said: “Rivers people belong to PDP. Those threatening to impeach the governor are being remote-controlled by some forces. This must stop because if Rivers is set on fire today, that may end this democracy.
“We should remember ‘Operation Wetie’ which started in the defunct Western Region and eventually consumed the nation and ended the First Republic in 1966.
“All the actors in this crisis in Rivers should avoid actions likely to cause breach of peace and breakdown of law and order in our country.”
George added: “Members of the Board of Trustees (BoT) of our party should be the elders in the room, act swiftly and nip this crisis in the bud before it consumes everybody.
“All the gladiators should also think of the collective interests of Nigerians.
“Whether we are members of PDP, APC or other parties, we should stop issuing provocative statements to increase the tension in Rivers. Any move that can truncate this democracy must be stopped immediately. Enough is enough.”