The political crisis in Rivers State is threatening the rule of law and order. The House of Representatives has resolved to take over legislative duties there until order is restored. Is that the best solution in the circumstance? How can the crisis be resolved? PRECIOUS IGBONWELUNDU sought lawyers’ views.
It began with the suspension of a local government chairman by the Rivers State House of Assembly two months ago. Since then, the state has not known peace.
The developments have undermined the rule of law and threatened social order in the oil-rich state.
It reached a crescendo last week when a show of shame occurred.
The state lawmakers fought with weapons, injuring one another.
Last Tuesday’s fight, according to reports, started following the alleged impeachment of the Speaker, Otelemaba Amachree, by five of the 32 legislators.
Evans Bipi as the new “Speaker”, sparking public outrage.
This did not go down well with the other 27 members, especially because the legislators had pledged their loyalties to the different factions of the state’s crisis-ridden Peoples’ Democratic Party (PDP).
Many observers have described the Rivers situation as an abuse to democracy and an infraction of Section 92 of the 1999 Constitution that clearly stipulates the procedure for the impeachment of a Speaker.
Many believe the antics were deployed by the PDP-led Federal Government, to get its pound of flesh from Governor Rotimi Amaechi, whom the party suspended on May 30, for “anti-party activities”.
Although critics have faulted the state governor for interfering in the affair of the state legislature, which is constitutionally independent from the executive, observers were of the view that Amaechi was the ultimate target of the infamous impeachment, which they likened to some cases during former President Olusegun Obasanjo’s tenure, in which perceived enemies of the President were tormented through state legislatures or security agents.
Similarly, President Goodluck Jonathan has been accused by observers as being responsible for the crisis in Rivers State because of his disagreements with the governor on many issues, including his (Amaechi) contesting the Nigeria Governors’ Forum (NGF) election against the instruction of the PDP. The presidency has, however, denied any involvement in the Rivers PDP crisis with Amaechi accusing the Federal Government of besieging the state and imposing a Commissioner of Police that is partisan.
It, however, took Tuesday’s deadly assault at the state Assembly for the National Assembly to wade into the matter. The House of Representatives in a motion proposed by Albert Tsokwa (Taraba State) passed a resolution in line with Section 11(4) of the 1999 Constitution, to take over legislative functions of the state as well as supported the immediate deployment of the Commissioner of Police, Joseph Mbu.
Tsokwa, in the motion entitled “Threat to democracy and inability of the House of Assembly of Rivers to sit and transact legislative business in the house”, had noted that the state Assembly had on previous occasions tried to hold its normal sittings and transact parliamentary business but was unable to do so because of hoodlums in the precincts of the House and the inability of the Police to provide the legitimate authorities of the House with security.
Is the House of Reps’ resolution the best solution in this circumstance? How can the crisis be resolved to avoid anarchy and what is the way forward for the state? Lawyers who spoke on the issue differed on the resolution of the House. While some believed it was laudable and called on the Senate to adopt the Reps’ position, others described the position of the Reps as premature and hasty.
The lawyers held that it was the insensitivity of the political class to the plight of the masses as well as their selfish interests that drives their action. They all condemned the violence that took place at the Rivers Assembly.
They blamed Obasanjo as well as the Federal Government for insecurity and unrest in Rivers State. The lawyers insisted that the Rivers crisis was being fuelled because the five legislators and security agencies have the support of the presidency.
Those who spoke on the issue included professors of law Yemi Osinbajo (SAN) and Itse Sagay (SAN); former Nigerian Bar Association (NBA) President Oliseh Agbakoba (SAN); former Kwara State governorship candidate under the Action Congress of Nigeria (ACN) , Dele Belgore (SAN); Chief Emeka Ngige (SAN); rights activist Femi Falana (SAN); constitutional lawyer Dr. Fred Agbaje; activist Bamidele Aturu as well as Lagos-based lawyers Prince Kazeeem Adebanjo and Ebun-Olu Adegoruwa.
Osinbajo said it was a contrived one and a carefully-designed breach of law and order by a minority of members of the Rivers House of Assembly (five in all) with the obvious support of the presidency. He said it was important not to allow “this cynical abuse of power by the presidency to be passed off as a “crisis”.
“It is irresponsible indeed that while the nation reels from the horrendous murder of twenty-nine school children in Yobe by terrorists and the continuing mindless violence in many parts of the North-East, the Presidency’s reaction is to fuel disorder in Rivers State. Every time the Civil authority encourages or permits a breakdown of law and order, it diminishes its own legitimacy, undermines the viability of civil rule itself and excites thoughts of military intervention.”
Sagay said it was obvious the five Rivers State legislators (anti-Amaechi) feel they have the backing of the Federal Government and, therefore, the support of security agencies and so they can overwhelm Rivers State by force and overcome the law.
“They think they can totally superimpose the rule of force against the rule of law by deriving their power from the army and the police. Until they are told by those in Abuja that they do not have their support and should abide by the rule of law, they are not likely to stop.”
Ngige, Belgore, Falana, Agbaje and Aturu said the crisis was being fuelled by political intolerance. They accused the presidency of pettiness and culpability. Citing the situations in Oyo, Plateau and Anambra under the Obasanjo administration, the lawyers noted that the presidency was taking a cue from the Obasanjo examples, which were voided by the courts, and none of the people involved in those crises were brought to book.
To Falana, the purported removal of the Speaker violated Section 92(2) of the Constitution which provides that a House Speaker cannot be removed without the votes of not less than two thirds majority of the entire members. “Since there are 32 members of the house at least 22 members are required to vote for the valid removal of the Speaker.”
Ngige said: “For the immediate cause of crisis in Rivers State, we all know it has to do with politics of 2015. The President of Nigeria wants to run again in 2015 and perceives that Governor Amaechi is nursing a vice presidential ambition in the same election. He, therefore, considers Amaechi as a threat to his re-election. I now ask: Is that the reason why Amaechi should be crucified or Rivers State turned into a theatre of war? Why are our politicians so intolerant of opposing views? Are we practising democracy or monarchy where the views of the King are unchallengeable? The crisis in Rivers State is a challenge to the rule of law. A situation where the Commissioner of Police is openly supporting the renegades in their nefarious activities is condemnable.
“It should be mentioned that the Commissioner of Police, Mbu Joseph Mbu, was an Assistant Commissioner (Admin) during the Anambra State political crisis of 2003-2004. So, it can be seen that he was thoroughly schooled to unleash what is going on in Rivers State today.
Belgore described the Rivers State Assembly fiasco as “one act of banditry and political thuggery too many.” He said it was unfortunate the President could not order his minister (Wike) to face his ministerial job and stop unnecessary state politics.
“The presidency cannot bury its head in the sand on this one and absolve itself of responsibility for the crisis…Would a minister whose responsibility is to the Federal Government delve so disruptively into a state’s local politics knowing that such involvement would draw the disapproval of the President?”
Adegboruwa argued that since the case of the removal of the Speaker was in court, the politicians should have left the court to determine his fate.
Aturu wondered how legislators could behave like hoodlums and murderers. “I am thoroughly ashamed as a Nigerian that this kind of thing could happen in the Rivers House of Assembly. The government should ensure that those involved are punished.”
The House of Representatives’ resolution
Osibanjo faulted the resolution to take over legislative duties of the state Assembly but noted that the Reps were in order for calling for the transfer of the Police Commissioner.
He said: “The reaction of the House, therefore, comes to no more than treating a symptom as though it were the ailment itself. Clearly taking over legislative functions in Rivers State is neither the right approach nor is it even legally tenable.”
He noted that the provision of Section 11 envisages a breakdown of law and order or some other crisis in the state itself, making meetings of the House of Assembly impossible, which he insisted has clearly not been met.
“It is where the civil authority, such as the Police, say or it is clear that they are unable to maintain law and order in the state and this makes it impossible for the House to sit, that the National Assembly may intervene. That situation has simply not arisen. What has happened, so far, is simply that the law and order apparatus appears unwilling to maintain law and order.”
He said to take over legislative duties of the Rivers Assembly would be precipitate and clearly illegal.
Sagay argued that it is totally wrong, premature and of doubtful legality for the National Assembly to take over legislative functions in Rivers State.
“There is no evidence that the Rivers State House of Assembly cannot meet. They met on Tuesday and that power cannot be exercised unless the Assembly of a state cannot meet.
“Now they said, they can only meet when they are guided by policemen, so what? They need to be protected does not mean they cannot meet. In my view, that criteria has not been satisfied for the House of Representatives to pass such resolution.
“Secondly, Section 105 that involves the National Assembly exercising powers of security and Section 305 that involves during a state of emergency all boils down to a situation where there is an emergency, where unless there is a declaration of an emergency, the National Assembly does not have power to legislate or exercise direct power from the federal.
“Although it does not say so in express words, that is the spirit. Thirdly, it is presumptuous for the National Assembly to think it can know what the people of Rivers State need and legislate for them, when it cannot even cope with its own responsibility at the national level.
Ngige commended the Reps for the resolution and called on the Senate to concur.
He said: “With the emergence of a fake Speaker, whose intention of impeaching the Governor of Rivers State with four out of 27 members was in public domain, the resolution of the House of Representatives for the takeover of the business of Rivers House of Assembly under Section 11(4) of the Constitution is very commendable. I hope the Senate will tow the same line as the House of Reps in the interest of democracy.”
Falana also said the House of Reps was in order and acted in accordance with the constitution.
He said: “By virtue of Section 11 of the Constitution the National Assembly is empowered to take over the legislative functions of a House of Assembly of a state if the members are unable to discharge their duties.
“Since the security forces have taken over the assembly complex in Port Harcourt and prevented the members from conducting any legislative business, the House of Representatives was in order when it resolved to make laws for the Rivers State House of Assembly until further notice. However, the resolution cannot be effective unless it is backed by the Senate.”
In Agbaje’s view, the National Assembly taken over of the legislative functions of the Rivers Assembly was not in the interest of the Rivers people.
“That decision of the House of Reps is too pre-emptory, haste and premature. Is the National Assembly and police not tacitly supporting minority four against the 15 majority members in the Rivers House? Did the 15 members not subsequently sit and transact legislative business after the politically sponsored mayhem? They sat of course!
“The federal government is just looking for cheap excuses to impeach the speaker and then later go for the political jogular of Ameachi through a contrived impeachment. All about 2015 general Election!!! First, it was Aso Rock disorganisation of NGF and now, Ameachi’s political base- Rivers State.”
Aturu said the decision of the House was in order as the constitution allows it. He however noted that the situation must have gotten to a level where the State Assembly cannot function and there is imminent danger of lives and property.
“Whether that is the case now, it is a matter of fact. I don’t think we should rush to such decision, but if there are grounds for that, of course we will not allow people to be killed before we allow remedial actions.”
The way forward
Agbaje said the way out was for both Jonathan and Ameachi to drop their political ambitions against 2015 general election, otherwise 2015 general election is doomed in advance.
Osibanjo said: “This is why the House of Representatives is entirely on point when it calls upon the IG to remove the obviously compromised Commissioner of Police in the State. When that is done, and a Commissioner of Police is appointed who will take instruction from the Governor in accordance with the Constitution is appointed, if then the circumstances still exist within Rivers State, which make the House of Assembly unable to sit, then the National Assembly may intervene.”
He called for the immediate arrest and prosecution of all those who engaged in violence.
Sagay advised that Abuja should issue a statement disowning them and making it clear that they do not have their support. Also, they should mandate the police to do their jobs and discipline policemen who have turned themselves to politicians in Rivers State. “The solution is for the federal government to out rightly disown those who think they have federal might and punish security agents that have become partisan in the cause of the crisis.”
Agbakoba said the solution was for politicians to put the interest of the people first.
“It’s down to the politcal class to put the interest of Nigerians first and all this nonsense will stop.”
Ngige suggested that the National Judicial Council, (NJC) should issue a red alert to all judges sitting in Rivers State to be cautious in dealing with cases arising from the crisis in the state as well as ensure accelerated hearing of cases emanating from the crisis as was seen in the Obasanjo era.
He called on the President to call his party men to order and stop giving support to renegades causing mayhem in Rivers State. Ngige said the President should be “statesman in this crisis and learn from the mistakes of General Obasanjo who enjoyed destabilizing State governments that were not in his good books.
“At the end of Obasanjo’s tenure, what happened to PDP in South West? Instability and turmoil took over including his household. That’s a lesson for all of us that when you sow the wind you reap the whirlwind. Our President should be a statesman and allow Governor Amaechi to be. Only God can determine who will be our President in May 29th 2015. Nobody should play God. The President and his wife should not play God.”
Aturu said the Presidency must understand that it has the final responsibility as it relates to the security of the people’s lives and property. This is because what happened in Rivers could degenerate. Don’t forget, what happened in the Western Region in the early 60s.
he said: “This can lead to a state of emergency, a civil war even, the truncation of the so called emerging democracy. If democracy in the country is truncated, they will suffer most, because they, as politicians, benefit from the system on behalf of the people.
“So, if this democracy is imperiled, they will find themselves in kirikiri. And I will be very glad they all go to Kirikiri.
The way out of this is that people must learn to govern decently, and governance is not about pettiness; it is not about ambitions, not about what you can get as a person but about service to the people.”
Adegboruwa urged the National Assembly investigate and bring to book all those responsible for the act of violence at the Rivers Assembly.
“It is important that the President too must take steps to restore peace in Rivers State, given the allegations that have since been thrown at him, over his discreet involvement in the crisis rocking the oil rich state,” Adegboruwa said.
Adebanjo said it was not too late for the Jonathan administration to redeem its already battered image by calling the rebel members to order. Nigerians would not forget the ignoble role the Presidency played in the NGF election when the President almost speedily recognized and gave the Jang faction executive fiat to summon and preside over the affairs of the NGF. Jang had lost the election by 16 votes to Amaechi 19.
“I admonish our President to focus on delivering the much needed dividends of democracy to us and leave 2015 for God to decide. He should promptly address issues such as: Security, Roads, Power, Health, Education etc. May God in his infinite mercies guide our President right. Amin”.
