By Tunde Rahman
As the leadership crisis rocking Rivers State escalated into the destruction of vital oil and gas infrastructure amid looming impeachment threats against Governor Siminalayi Fubara and his deputy Ngozi Odu, President Bola Tinubu wielded the big stick last Tuesday imposing a state of emergency on the oil rich state. He suspended the governor, his deputy and the inflexible state House of Assembly for a period of six months, and appointed former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas (rtd), as the administrator of the state. Following his inauguration on Wednesday, Ibas has begun the critical assignment. The ex-Naval chief has his job cut out for him. He has been called out of retirement to take charge of the affairs of the state and return Rivers to normalcy within six months. This is not a mean task. The retired Vice Admiral will have to summon all his courage as a soldier and be at his wits’ end to restore order and normalcy.
Expectedly, the declaration of emergency rule on Rivers sparked debate. It elicited criticisms from opposition elements, including the Peoples Democratic Party, and a motley crowd of disgruntled politicians being put together as a coalition group by former Vice President Atiku Abubakar. Being opposition politicians that they are, they failed to see the wisdom in President Tinubu acting promptly to save the state and the national economic infrastructure in Rivers. Though many know they are out to promote self-interests, they claim, however, that their grouse is the suspension of the governor, his deputy and the state assembly, contending that the President lacks such powers.
Section 305 of the 1999 Constitution, as amended, which is the operative provision for the declaration of a state of emergency, to be fair, is silent on the fate of the governor in the face of emergency declaration.
Notably, the precedent set in our clime with respect to the fate of the governor during emergency rule is varied. When former President Olusegun Obasanjo imposed emergency rule on Plateau State in May 2004 following a surge in ethno-religious violence that led to widespread killings and destruction, he suspended then Governor Joshua Dariye and the state assembly for six months, and appointed Major-General Chris Alli (rtd) as administrator to restore order in the state. The same thing happened in Ekiti two years later when the state was engulfed in a protracted political crisis. President Obasanjo suspended then Governor Ayo Fayose, his deputy Mrs. Biodun Olujinmi, the state House of Assembly as well as Hon. Friday Aderemi, the then Speaker of the legislature who was claiming to be acting governor. He appointed retired Brigadier General Tunji Olurin to administer the affairs of the state and maintain security for the next six months.
In the case of former President Goodluck Jonathan, he declared emergency rule in selected local governments most impacted by Boko Haram terrorist attacks in Borno, Adamawa and Yobe States in 2013 without upending the political and democratic structures in the affected three states. President Jonathan also retained the chairmen in the impacted local government areas. Jonathan might have spared the three governors then and their houses of assembly because the emergency rule declared in the three states was limited to the most-impacted councils.
Regarding Plateau State emergency proclamation, the Supreme Court that would have set a clear precedent in the matter failed to determine the constitutionality or otherwise of the dissolution of democratic structures on the grounds that the suit was procedurally incompetent because it was instituted at the time by the suspended legislators in the name of Plateau without the authorisation of the state.
Some legal minds have referred to the Emergency Powers Act of 1961, which though no longer in use in the country but which provided justification for the dissolution of democratic structures and suspension of the fundamental human rights when emergency rule was declared on the Western Region in 1962 by the late Tafawa Balewa Government. It was in respect of two cases, namely Adegbenro vs. Attorney-General of the Federation (1962) NLR 338 and F.R.A.Williams vs Dr. M.A. Majekodunmi (1962) NLR 328, where the apex court in its judgment validated the Emergency Powers Act 1961 to justify the dissolution.
The logic in the Supreme Court verdict in the matter of Plateau State emergency proclamation is unquestionable going by the argument of legal icon Professor Koyinsola Ajayi (SAN), who spoke on Arise Television last Wednesday. According to him, “the justices of the Supreme Court in that judgement were of the view that they were never eager to review the decision of the President when confronted with a present and imminent danger to lives and property and acted to restore public order and public safety.”
Beyond the legal rigmarole, it would appear that what is germane in determining what happens to the democratic structures in a state during emergency rule period is the circumstance or situation in the state, the magnitude of the threat to public order and security of citizens and property in such a state. After all, no one remembers the provision of the law in an atmosphere of violence and disorder.
Attorney-General of the Federation and Minister of Justice Lateef Fagbemi (SAN) put the matter succinctly when he fielded questions from State House Correspondents on Wednesday. He said: “The government stands on the tripod: the Executive, the Legislature, and the Judiciary, and you (the governor) have made the functioning of government impossible. It is not enough for the Executive, to say, we are spending money, even the money you want to spend, the State Assembly must have appropriated it. These are some of the findings that the Supreme Court made. And at the end of the day, the Supreme Court said, or came to a decision, that the governor’s behaviour was like a despot, and that as the situation was, there was no government in Rivers. If there was no government in Rivers, what would we be looking for?”
Fubara overreached and outplayed himself. He got carried away by the sentimental support he enjoys, and not strategy. He felt that violence would give him what he threw away by not stooping low to win. When some militants issued threats to destroy oil pipelines and other critical infrastructure, the governor failed to dissuade them. In fact, he had said openly that he would tell the people when to act. And a week after, some oil installations went up in flames. No one needs a soothsayer to understand what enabled the destruction. The governor also prevented 27 lawmakers from performing their work and even demolished the state assembly complex. He moved the four lawmakers loyal to him to the Government House, where they usurped the legislative functions of the 32-member assembly.
Declaring emergency rule on Rivers, President Tinubu had said, among other things, in his address: “Some militants had threatened fire and brimstone against their perceived enemy of the governor who has up till now not disowned them. Apart from that, both the House and the governor have not been able to work together. Both of them do not realise that they are in office to work together for the peace and good governance of the state.”
Those criticising the declaration of emergency rule in Rivers on the grounds that President Tinubu, while in opposition, strongly condemned the emergency declaration by former President Jonathan in Adamawa, Borno and Yobe states conveniently forgot to mention Tinubu’s opposition to former Edo State Governor Godwin Obaseki who muscled the state assembly and particularly refused to inaugurate the 14 lawmakers who were duly elected by their constituents till the end of his tenure. Tinubu called out Obaseki, labeling him a despot who emasculated the legislature, which is pivotal to the functioning of democracy, the same way he has condemned Governor Fubara.
Again, the National Assembly, particularly the House of Representatives, has added democratic components to the emergency proclamation by announcing regular oversight on the work of the administrator and the National Assembly performing the law-making functions of the Rivers State Assembly as provided for in the constitution. The emergency declaration also helped to save Fubara, despite his imprudence, from the seemingly-imminent impeachment, which would have taken him out completely for the duration of his tenure and rendered him ineligible for any election going forward.
In the final analysis, the President has demonstrated courage and exemplary leadership by acting to save the nation from what would have adversely affected her economic fortunes and reverse the gains already made. Oil production, which some years ago went as low 900, 000 bpd, is today hovering around 1.6 million bpd. Important governmental initiatives such as NELFUND for indigent students and CREDICORP, vital infrastructure projects being embarked upon by the government like road networks as well as monthly hefty receipts by state governors from the federal allocation accounts would have all been imperilled if the President had delayed taking that decisive action.
What is required now, in my view, is for political stakeholders in the country, particularly Niger Delta leaders, to rally round, rein in the feuding parties – suspended Governor Fubara, the Minister of the Federal Capital Territory Nyesom Wike and the state House of Assembly members – and ensure a quick return to normalcy in Rivers State and a final resolution of the political crisis. The National Assembly has moved to take an important step in this direction by indicating it would set up a body of eminent leaders to help resolve the crisis among the contending parties and return the state to the path of peace and tranquillity. The federal lawmakers deserve commendation for acting expeditiously to approve the emergency declaration and for their resolve to ensure a quick resolution of the crisis.
Rahman is Senior Special Assistant to President Tinubu on Media, Publicity & Special Duties.