Fubara/Wike: Rivers Govt Rejects APC's Call to Impeach Fubara
Rivers government dismisses APC demand to remove governor
The All Progressives Congress, APC, Caretaker Committee in the state called for the state House of Assembly to begin the impeachment process of Governor Siminlayi Fubara; however, the Rivers State Government has turned down their request. The state's commissioner of information and communications, Joseph Johnson, stressed that the governor is committed to thwarting any efforts to send the state into chaos.
In addition, the Pan Niger Delta Forum's chief, Chief Edwin Clark, and other notable individuals in the area advised the legislators not to stir up unrest in the state.
Tuesday, May 7, earlier: Chief Tony Okocha, the state's APC Caretaker Committee Chairman, asked the 27 state House of Assembly members who support Federal Capital Territory Minister Nyesom Wike to move quickly to begin the impeachment process of Fubara.
Okocha issued a warning, stating that the MPs will suffer serious consequences as specified in the pertinent portions of the party constitution if they disregarded the instruction.
The attempt to impeach the governor by the Assembly, which is primarily made up of Wike's allies, last year marked the beginning of the schism between Fubara and his mentor. The two factions have rekindled their fight, despite having earlier signed a peace treaty mediated by President Bola Tinubu, due to disagreements on the parameters of the agreement.
Despite the governor's refusal to accede, the Assembly has shown its independence by adopting at least two laws.
Siminlayi Fubara condemned the Assembly as an illegitimate entity on Monday, May 6. He insisted that the eight-point peace accord mediated by the President was only a political settlement and not a constitutional issue.
On the other hand, Okocha, the state's chairman of the APC Caretaker Committee, claimed on Tuesday that the governor couldn't declare the lawmakers to be unlawful. The timing of Fubara's claim that the peace agreement inked in Abuja prior to Tinubu was unlawful was another point he raised.
Okocha continued, saying that in addition to his refusal to carry out every agreement, he had been criticizing the President's sincere efforts to address the issue that had shaken the state.
According to the state APC CTC Chairman, “You know the history of politics. You know the constitution of Nigeria. The governor says the Assembly members do not exist, that whatever thing they are doing is because he allows them.
“In other words, he has re-written the books. Elementary politics taught us the three organs of government and their roles and goes further to talk about the separation of powers and checks and balances.
“Now what the governor was implying is that he is ruling Rivers State without laws. That Rivers State runs an executive arm and judiciary. So what that implies is simply absurdity. You can now see the tendencies of a dictator.
“As an opposition party in Rivers State, we will not keep quiet. We will shout. Regrettably, the governor has taken us to this point and we will not take it.
“What section of the constitution empowers the governor to declare the Assembly non-existent? The role of the governor is proclamation of the Assembly which is done once in four years. The constitution doesn't allow him for the quarterly proclamation of the Assembly.
“He (Fubara) dissolved the House and proclaimed the Assembly at the end of the tenure of the Assembly. Mind you the Assembly we are talking about is a representative of the people., The members were duly elected. They are not his appointees.
“So where did the governor derive his powers to say that the Assembly is non- existent? Meanwhile, records are there about the correspondence between the governor and the Assembly wherein he addressed Martin Amaewhule as the Speaker of the Rivers State House of Assembly when the nine commissioners resigned. He wrote to the House for them to be screened and were consequently reassigned their portfolios.
“We want this to be on record as the chairman of the APC in Rivers State, as the representative of Mr President, we won't sit here to see the governor declare on his own as if he is in court.
“He has become Daniel, who is sitting in judgment to declare the Assembly members' seat vacant. To that extent in consultation with my party, we have directed and we are directing the Assembly members as APC members who are in the Assembly to immediately commence the impeachment of Governor Siminalayi Fubara.
“We have directed members of the Rivers State House of Assembly to commence the impeachment process of a comatose government. The governor's head has become bigger than his pillow. He does not respect the law.”
However, state Commissioner of Information and Communications Joseph Johnson quickly responded to say that the governor's stance remained unchanged.
He said, “By jurisprudence, the 27 lawmakers lost their seats on the day they defected to another party. That is what the law says.
“The Constitution of the Federal Republic of Nigeria, Section 109, 1g clearly states it. It is incontrovertible. So for anybody to think that they can start a process, the law says they cannot put something on nothing.
“There is nothing at all to even put on something. The House of Assembly does not exist. They are non-existent. The governor said yesterday that they did not exist. Out of his magnanimity, he allowed them, giving them a floater to see if they could come to reality. "But it does appear that they don't understand what was done for them. So if they want to start an impeachment process, they do not have the legal teeth to even do it. They can only bark, but they can't bite.”
“By jurisprudence, the 27 lawmakers lost their seats on the day they defected to another party. That is what the law says.
“The Constitution of the Federal Republic of Nigeria, Section 109, 1g clearly states it. It is incontrovertible. So for anybody to think that they can start a process, the law says they cannot put something on nothing.
“There is nothing at all to even put on something. The House of Assembly does not exist. They are non-existent. The governor said yesterday that they did not exist. Out of his magnanimity, he allowed them, giving them a floater to see if they could come to reality.
“But it does appear that they don't understand what was done for them. So if they want to start an impeachment process, they do not have the legal teeth to even do it. They can only bark, but they can't bite.”
There was nothing improper with Okocha's call, according to Dumle Maol, the deputy speaker of the state assembly.
However, he stated, “That is the position of the party. That is his (Okocha) opinion. He is the leader of the party in the state and there is nothing wrong with that.
“The party has the power to invoke relevant sections of the constitution. But I don't hold brief. I am not the spokesman.”
The Pan Niger Delta Forum's Chief Edwin Clark advised lawmakers not to stir up unrest and violence in the region. He implored Kayode Egbetokun, the Inspector General of Police, to step in and stop the 27 lawmakers from voicing provocative remarks that would worsen the situation.
The former minister of information emphasized in a letter to the IGP in Abuja on Tuesday, May 7, that the lawmakers had effectively left their positions by joining the APC in accordance with Section 109(1g) 2 of the Federal Republic of Nigeria's Constitution.
Clark said, “I appeal to the Inspector General of Police. You are a very intelligent fellow. We have seen that your policemen in uniform are being used to breach the constitution of Nigeria with impunity. You have to arrest the situation. People whose elections have been declared null and void, should not be allowed to disturb the government of the elected governor in Rivers State.
“It (the crisis) will spread from Niger Delta; from Niger Delta to the economy, and it will affect our economy, which is already very bad. I believe that the Inspector General of Police should advise Mr President that the interest of one individual and his men is not above the interest of the nation. Otherwise, there will be problems in this country that we will not be able to cope with,” Clark said.
He stated that the court determined that, in accordance with Section 68 (1) (g) and Section 222 (a), (e), and (f) of the 1999 Constitution (as amended), only such splintering would be sufficient to justify a defection to another party and the retention of the seat until the end of the tenure.
Clark said, “Mr Wike helped Mr Fubara to become governor of Rivers, but the duo parted ways because of the minister's ambition to control the politics and governance in the state. The crisis deteriorated, prompting President Bola Tinubu to midwife a controversial peace deal between Messrs Wike and Fubara after the seats of 27 pro-Wike lawmakers in the Rivers House of Assembly were declared vacant following their defection to the APC.”
Ann Kio-Briggs, a well-known Niger Delta activist and member of the Rivers State Elders Council, criticized the APC on her behalf.
She went on to say that what was happening was the result of a few self-serving people attempting to destabilize the state.
Kio-Briggs declared they would not go unpunished and laid the blame for the governor's lack of support on the PDP national leadership.
She said, “The so-called chairman of the APC here in Rivers State calling for the impeachment of Governor Siminalayi Fubara, on what grounds?
“He has said what he has said. Let us see how they are going to proceed because what is happening in Rivers State and has been happening in Rivers State since the beginning of this governor's tenure is unacceptable to the people of Rivers State.
“These are individuals putting the state at risk for the sake of their own political greed, and power structure. We will all by God's grace live to see the end of this.
“But let no one think that a handful of people in Rivers State are going to get away with throwing a state like Rivers into chaos.
“To impeach a governor is not something you call for in the morning and you get it within a week. It is a process and the process will be followed and the people of Rivers State will be watching.”
Chief Anabs Sara-Igbe, a pioneer spokesperson for the Pan Niger Delta Forum and a fellow member of the Rivers State Elders Council, stated that the constitutionality of the lawmakers was under scrutiny and a ruling from the Court of Appeal was awaited.
He stated that if the MPs committed any crimes, they would be making their situation worse.
Sara-Igbe said, “The so-called chairman of the APC here in Rivers State calling for the impeachment of Governor Siminalayi Fubara, on what grounds?
“He has said what he has said. Let us see how they are going to proceed because what is happening in Rivers State and has been happening in Rivers State since the beginning of this governor's tenure is unacceptable to the people of Rivers State.
“These are individuals putting the state at risk for the sake of their own political greed, and power structure. We will all by God's grace live to see the end of this.
“But let no one think that a handful of people in Rivers State are going to get away with throwing a state like Rivers into chaos.
“To impeach a governor is not something you call for in the morning and you get it within a week. It is a process and the process will be followed and the people of Rivers State will be watching.”
Clark pointed out that a Supreme Court decision in the cases of FEDECO v. Goni and the Attorney General v. Abubakar stated that their defection would only be acceptable and warranted if there was a crisis or factions in the PDP's national leadership.
He stated that the court determined that, in accordance with Section 68 (1) (g) and Section 222 (a), (e), and (f) of the 1999 Constitution (as amended), only such splintering would be sufficient to justify a defection to another party and the retention of the seat until the end of the tenure.
Clark said, “Well, first of all, the law is very clear that when a case is before a court of competent jurisdiction you stay all actions.
“This matter is before the Court of Appeal and we are waiting for a judgment as to whether the directives of the President are legal or illegal.
“Two, the interpretation of Section 109 g and 2; these are matters that are before the court. Because the legality of the Assembly members is in question, they cannot proceed with any impeachment proceedings. And I can assure you that in less than two, or three months their fate will be known by law.
“So my advice to them is to allow the court to deliver a judgment. If the court rules that they are legitimate members of the House of Assembly, fine they can do whatever they want to do. Otherwise, they will put themselves more into trouble.
“You don't make laws that cannot be obeyed. So they should be patient enough as we are also patient to wait for the judiciary to interpret the law.
“That is the bane of the whole struggle. If the law is interpreted and if it favours them all well as good. But if it doesn't favour them, they should quickly go back and seek re-nomination and possibly contest again.
“If they are voted back to the house then it is a different ball game.”
Consequently, he declared that anyone might demand the governor's impeachment, adding that this request would be governed by the constitution.
“You cannot stand something in the void. The issue he (Okocha) is talking about is constitutional. You can't stand something on illegality.
“The legality of the Assembly members is in question. More so, their seats were once declared vacant and a Court of competent jurisdiction has upheld it.
“Now we are going for proper interpretation of the law. We all know what happened to the Cross River State House of Assembly and Ebonyi House of Assembly members.
“So what we are saying is they should be patient for us to go through the judicial process. If it favours them, fine. Otherwise, let them go home and prepare for another election.”
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