Fubara/Wike tussle worsens, heightens tension in Rivers

…Stakeholders call it ‘threat to democracy’

BY HARUNA SALAMI

The political crisis in Rivers State between Governor Siminalayi Fubara and the Minister of the Federal Capital Territory (FCT), Nyesome Wike is assuming a dangerous that many warn could threaten the country’s democracy.

The directive by the Rivers State Chairman of the All Progressive Congress (APC), Mr. Tony Okocha to the 25 former members to commence impeachment procedure against the governor triggered the current high tech political maneuvering in the oil rich state.

Reacting to APC Chairman’s directive, the Peoples Democratic Party (PDP) in a Press Conference addressed by Hon. Debo Ologunagba National Publicity Secretary asked APC to Perish the thoughts of forceful takeover of Rivers State.

Hon. Justice C.N. Wali has granted An Order of interim injunction is granted restraining the 25 former members of the Rivers State House of Assembly “from parading and holding out themselves as members of 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.

The judge also granted An Order of interim injunction restraining the Governor of Rivers State, the Honourable Attorney General of Rivers State and the Chief Judge of Rivers State who are 26th-28th defendants in the case brought before him by the 3 lawful members of the Rivers State House of Assembly, from dealing with, interfacing, accepting any resolutions, bills and/or howsoever interacting with the 1 to 25 Defendants in their purported capacities as members of the Rivers State House of Assembly, their legislative seats having been declared vacant with effect from 13 December, 2023 pending the hearing and determination of the Motion on Notice.

“It is further Ordered that this Order, the Motion on Notice and the writ and other processes in this case be served on the 1st to 25th Defendants/Respondents within seven (7) days from date by substituted means to wit: by pasting at the entrance gate of the Rivers State House of Assembly Legislative Quarters, Off Aba Road, Port Harcourt and for such service to be deemed good and proper”.

The PDP said in their press conference that the attention of the leadership of the party has been drawn to a “delusional declaration by the Chairman of the All Progressives Congress (APC) in Rivers State, Mr. Tony Okocha wherein he issued a hallucinatory directive that an impeachment proceeding be commenced against the democratically elected Governor of Rivers State, Siminalayi Fubara.

“Such reckless and unwarranted statement by the APC Chairman in Rivers State exposes the vile desperation of the APC, which is roundly rejected in Rivers State, to use violence, coercion and bullying to undermine the WILL of the people and forcefully take over the State.

“The fact that the Rivers State APC Chairman, in his warped imagination, thinks he can direct impeachment proceeding against a duly elected State Governor not only shows the level of APC’s arrogance and condescension for the people of Rivers State but also further confirms APC’s desperation to forcefully annex their democratic rights under the Constitution.

“In any event, the individuals that the Rivers State APC Chairman directed to commence impeachment proceedings against Governor Fubara are not legally members of the Rivers State House of Assembly and cannot contemplate or exercise such powers under the law.

“These individuals, by virtue of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) have since vacated and lost their seats, rights, privileges, recognition and obligations accruable to members of the Rivers State House of Assembly after their defection from the PDP, the political Party platform upon which they were elected into the Rivers State House of Assembly

“For emphasis, Section 109 (1) (g) of the 1999 Constitution provides that:“a member of a House of Assembly shall vacate his seat in the House if … (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 the expiration of the period for which that House was elected…”

“It should be noted that Section 109 (1) (g) of the Constitution is self-executory. The import of this provision is that the members of the Rivers State House of Assembly who defected have vacated their seat by reason of that defection.

“The unlawful directive by the Rivers State APC Chairman to these individuals to commence an impeachment proceeding against the Governor is therefore a brazen call for anarchy as it amounts to an attempt to forcefully overthrow a democratic Order in clear violation of Section 1 sub-section 2 of the 1999 Constitution (as amended).

“For clarity, Section 1 Sub-section 2 of the 1999 Constitution (as amended) provides; “The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.

“The PDP draws the attention of the Inspector General of Police to the subversive utterances of the APC Chairman in Rivers State which is capable of triggering crisis and derailing the Democratic Order in the country.

“The APC must perish the thought of forcefully taking over Rivers State as such is a direct assault on the sensibility of the people which will be resisted firmly.

“The APC Chairman in Rivers State should come to terms with the fact that Rivers State is home to PDP and that the people of Rivers State are not ready to put their destiny in the hands of a corrupt, oppressive and anti-people Special Purpose Vehicle like the APC.

“The national leadership of the PDP expresses appreciation to the people of Rivers State for always standing with the PDP and urges them to continue to resist the APC in its vicious attempt to inject violence and destabilize the State”, Hon. Debo Ologunagba said.

Meanwhile, Governor Fubara has signed an executive order bringing the operations of the Rivers State House of Assembly to take place from the Government House Port Harcourt.

This is obviously for the 3 member of the House who remain in PDP and therefore the only ones recognized by law, since the other 25 who defected to APC are battling to reclaim their seats.

In another development, Timi Frank has warned President Bola Tinubu against what he called “Wike’s illegal impeachment drive”.

According to him, what Wike is trying to do could jeopardize the country’s democracy.