Africa
That Rivers May Heal -By Chiechefulam Ikebuiro
When Governor Dariye challenged his suspension in the Supreme Court, the case was struck out on technical grounds rather than on the constitutionality of his removal. Justice Idris Kutigi and other justices ruled that the plaintiffs lacked the standing to sue, effectively leaving the legal question unresolved. This highlights the need for further judicial interpretation of the President’s power to suspend a governor under a state of emergency.
The ongoing political quagmire in Rivers State has elicited a wide range of reactions from various quarters. Loyalists, aggrieved individuals with personal grievances, opportunists masking self-interest as intervention, as well as both friends and foes, have all weighed in. Some arguments are rational, some biased, and others outright absurd. Yet, everyone is entitled to their opinion.
A significant point of contention has been President Tinubu’s declaration of a state of emergency and suspension of the Governor, his deputy and the house of assembly members. Some argue that he overstepped, while others contend that the legal basis for such a move remains ambiguous.
The reality is that Section 305 of the 1999 Constitution, which governs the declaration of a state of emergency, remains unclear and requires further judicial interpretation. This debate is further complicated by historical precedents, such as the 2004 suspension of Plateau State Governor Joshua Dariye by then-President Olusegun Obasanjo.
When Governor Dariye challenged his suspension in the Supreme Court, the case was struck out on technical grounds rather than on the constitutionality of his removal. Justice Idris Kutigi and other justices ruled that the plaintiffs lacked the standing to sue, effectively leaving the legal question unresolved. This highlights the need for further judicial interpretation of the President’s power to suspend a governor under a state of emergency.
Amidst the cacophony of opinions, Professor Okey Ikechukwu’s analysis stands out for its balance and depth. He rightly pointed out the potential for opportunistic criminality in such crises, particularly following the pipeline explosions. He also highlighted the extreme positions taken by the parties involved, with neither side willing to compromise. Professor Ikechukwu referenced the concept of inherent presidential powers, as outlined in a publication by the U.S. Congress, to justify certain executive actions in times of crisis. His perspective aligns with the view that the President Tinubu was not going to remain passive and not do what was necessary to prevent further escalation of the crisis, which was clearly spiralling out of control.
That said, no one emerges from this crisis looking good. From a governor who, after failing to install his preferred speaker, resorted to demolishing the legislative complex and relocating proceedings to Government House, to his unilateral decision to conduct local government elections in defiance of court orders. He further presented an N800 billion budget to just four legislators (technically three, as one was appointed Chief of Staff), without a properly constituted House, yet proceeded to implement it. On the other hand, his predecessor and political mentor, along with loyalists, have continually fuelled the standoff. Then came the reckless statement: “At the appropriate time, I will give the signal.” Not long after, pipelines started getting blown up.
It’s a complete mess. Governor Fubara, the House members, and Wike-all should be ashamed. At no point did any of them consider the welfare of the people of Rivers State.
Now that the legislature has aligned with the executive on the declaration of a state of emergency and the appointment of a sole administrator, it is time to allow Rivers State to heal. The situation calls for less emotion and selective outrage.
I hope all parties involved have learned their lessons and are engaged in serious introspection. This crisis has been brewing since 2023-two years wasted when reconciliation could have been achieved. But egos prevailed, and here we are.
My appeal to stakeholders and even non-stakeholders: Let Rivers State heal.
Chiechefulam Ikebuiro
