Just like in the case of Ondo State where he waded in to resolve the political logjam threatening the peace and stability of the state arising from a months-long rift between ailing Governor Rotimi Akeredolu and his deputy, Lucky Aiyedatiwa, President Bola Tinubu on Monday intervened, for the second time, in the Rivers State political crisis that has witnessed impeachment moves against the state governor, Siminalayi Fubara, defection of 27 lawmakers from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), declaration of the defected lawmakers’ seat vacant, factionalisation of the House of Assembly and parallel sittings by the two factions, demolition of the Assembly complex, presentation of budget to four lawmakers by the governor and signing of the budget, resignation of some members of the State Executive Council, not to talk of the relegation of governance in the state.
The Nigerian Observer had earlier reported that in an attempt to quell the crisis rocking Rivers State, President Tinubu met with the warring factions at the Presidential Villa on Monday night, where a truce was brokered following an eight-point resolutions.
The resolutions include that all matters instituted in the courts by Governor Fubara and his team in respect of the political crisis in Rivers State be withdrawn immediately.
Others are as follows:
“All impeachment proceedings initiated against the Governor of Rivers State by the Rivers State House of Assembly should be dropped immediately.
“The leadership of the Rivers State House of Assembly as led by the Rt. Hon. Martin Amaewhule shall be recognised alongside the 27 members who resigned from the PDP.
“The remunerations and benefits of all members of the Rivers State House of Assembly and their staff must be reinstated immediately and the Governor of Rivers State shall henceforth not interfere with the full funding of the Rivers State House of Assembly.
“The Rivers State House of Assembly shall choose where they want to sit and conduct their legislative business without interference and/or hindrance from the executive arm of government.
“The Governor of Rivers State, Sir Fubara, shall re-present the state budget to a properly constituted Rivers State House of Assembly.
“The names of all commissioners in the Rivers State Executive Council who resigned their appointments because of the political crisis in the State should be resubmitted to the House of Assembly for approval.
“There should not be a caretaker committee for the local governments in Rivers State. The dissolution of the Local Government administration is null and void and shall not be recognised.”
The genesis: Wike vs. Fubara
The genesis of the Rivers State political crisis can properly be situated in the attempt by the immediate past governor and current Minister of the FCT, Nyesom Wike, to continue to run the affairs of the state by proxy.
This disposition is at variance with Wike’s statements in the past, as seen in viral videos being spread across various social media platforms.
For instance, in a media chat towards the tail end of his administration as governor of Rivers State, Wike had said he did not believe in godfatherism, meaning that even if he supported someone to become governor, that did not mean that he would dictate for that person what to do or not do, and that the incoming governor after him would enjoy the freedom to govern the people.
Earlier, on 29 June 2021 when former Zamfara State governor, Bello Matawalle, defected from the PDP to the APC, Wike, who was then governor of Rivers State, criticized Matawalle for defecting to the APC with a mandate given to him under PDP. He argued that when you defect to another party, you are supposed to lose your seat because you can’t carry the vote of the party that gave you a platform to rise to power and move to another party. He made a similar argument when both the former Ebonyi State governor, Engr. Dave Umahi, and former Cross River State governor, Prof. Ben Ayade, decamped from PDP to APC.
But recent political developments in Rivers State has shown that the FCT minister cannot live up to his words. Analysts see the crisis in the state as an outcome of Wike’s attempt to assert himself as a godfather in the state. Fubara’s resistance to such moves is what has pitched Wike (and his loyalists) against Fubara, leading to an impeachment plot against the governor and a gale of resignations from the state EXCO. It has also been said that most of the commissioners that resigned were part of the former administration of Nyesom Wike in the state, a pointer to the fact that Wike wanted more than just a say in the Fubara administration.
Also, contrary to Wike’s earlier stance on defection, the former governor has yet to find his voice in the case of the Rivers State House of Assembly members, led by factional Speaker Martin Amaewhule, who defected from the PDP to the APC 11 December 2023.
Dissolved APC chairman in Rivers State, Emeka Beke, accused Wike of double standard, saying the former governor destroyed PDP and wants to do the same to APC in Rivers State. He asked Wike to leave Fubara alone for him to deliver on the mandate given to him by the people of Rivers State.
Criticism trails Tinubu’s intervention
Meanwhile, criticism has continued to trail Tinubu’s intervention in the Rivers State crisis, with many critics describing it as unconstitutional. However, defenders of the move say the President’s role in the matter was only advisory as he did not impose his will on anyone.
The PDP rejected Tinubu’s intervention, saying there was no remedy for the 25 former members of the party in the Rivers State House of Assembly who recently defected to the APC.
The PDP Acting National Chairman, Amb. Umar Iliya Damagum, at a press conference called by the National Working Committee of the party on Tuesday, said that by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the said 25 persons had vacated and lost their seats by reason of defection from the PDP, the party platform upon which they were elected into the Rivers State House of Assembly.
Also, leader of the Pan-Niger Delta Forum (PANDEF), Pa Edwin Clark, described the truce reached between Governor Fubara and his predecessor, Wike, as an “imposed settlement”.
Former governor of Lagos State, Babatunde Fashola, said the President’s intervention was unnecessary as the constitution was clear on what should be done in such situations and the roles to be played by individuals involved.
“Is this a matter that required presidential intervention when some people were calling for the President to intervene? Does the Constitution assign a role to the President in this matter? Are those inviting the President to act in Ondo and in Rivers States not aware that the President has no constitutional role in these matters?” Fashola said in a speech at the Nigerian Air Force Officers Mess Honorary Members Forum (HMF) 2023 Annual Lecture in Lagos.
Also reacting to Tinubu’s intervention, human rights activist and Senior Advocate of Nigeria, Mr Femi Falana, described it as only advisory.
“Whilst the President of the Nigeria may intervene in the crises rocking the states, his intervention must always be grounded in the provisions of the Constitution,” Falana said.
He said he was in agreement with Fashola, who had said that President Tinubu has no constitutional role to resolve the political crisis in Ondo and Rivers States and, therefore, the intervention of the President in both cases is purely advisory.
“With respect, the presidential reinstatement of the 27 cross-carpeting members of the Rivers State House of Assembly by the Presidency is alien to the Constitution in every material particular. The seats of the cross-carpeting members have been declared vacant by the Speaker known to law.
“To that extent, the Independent National Electoral Commission is mandatorily required to conduct the by-election once the ex parte order issued by the Federal High Court last Friday is quashed,” he said.
Falana cited two cases, Abegunde v Labour Party (2015) LPELR 24588 (SC), Diapolong v Joshua Dariye (2007) 27 WRN 1, saying that the 27 members of the Rivers State House of Assembly who decamped from the PDP to APC have lost their seats because the PDP that sponsored them is not factionalised or divided as stipulated by the Constitution.
He said the actions taken by the state House of Assembly led by the Speaker recognized by law was valid and would remain so.
“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the President, it is submitted that all actions taken by the Speaker recognised by the Rivers State High Court remain valid, including his pronouncement on the vacant seats of the 27 cross-carpeting members of the House.
“In other words, only a court of law is constitutionally competent to set aside the pronouncement of the Speaker which is anchored on section 109 of the Constitution. Furthermore, as the Speaker has not been removed by the required number of legislators, a presidential directive cannot remove him.
“It is also necessary to point out that until a by-election is conducted by the Independent National Electoral Commission to fill the 27 vacant seats, the remaining members of the House are competent to conduct legislative business except the impeachment of the Governor which can only be carried out by the two thirds of the entire members of the House of Assembly,” he said.
The morning after
In the meantime, Governor Fubara seems to have accepted the olive branch, even if analysts are saying the resolution favours Wike more.
“There is no price too big to pay for peace,” Fubara said at the 3rd convocation ceremony of PAMO University, Obio/Akpor Local Government Area of the state.
In the same vein, the 27 members of the Rivers State House of Assembly loyal to Wike on Wednesday withdrew their impeachment notice against Governor Fubara.
The lawmakers, led by factional Speaker Martin Amaewhule, convened at the House of Assembly quarters in Port Harcourt, the state capital.
The notice of withdrawal was contained in a letter signed by the 27 – although one of them was hospitalised and wasn’t in attendance as the letter was read out by Amaewhule.
Amaewhule said the notice of withdrawal of impeachment was in line with the conflict resolution intervention instituted by President Tinubu.
It is left to be seen where things go from here.
