On the 13th December 2023 the Governor of Rivers State demolished the Rivers House of Assembly and stopped them from sitting.
So many cases were filed in Courts. The President of Nigeria intervened, called the warring parties and ordered the Governor to allow the House of Assembly to resume sitting. The Governor refused to recognized the House of Assembly and got Rivers State High Court to declare their seat vacant. Ignored the President and claim that he is Constitutionally right and the President is wrong. That he will win all his cases in Court so he doesn't need political solution.
The 27 House of Assembly Members had to fight in various Courts and in many cases until they got all round victory. This took them over 14 months since the Governor demolished the House of Assembly. In other words, for the last 14 months, the Governor operated without a House of Assembly and without any valid budget. While these unconstitutional practices were carried out by the Governor and running a government without the legislature, the people shouting now were cheering the Governor to go on with an unconstitutional government.
Finally, the case got to the Supreme Court and the Supreme Court in consolidated 8 appeals judgment made a very important finding thus:
"As it is there is no Government in Rivers State." Read this statement again. The Court arrived at this decision after finding that the Governor has operated Rivers State for over 14 months without the legislature. For there to be a government, there must be executive, legislature and judiciary. Right from the day of this judgment of Supreme Court that there is no government in Rivers State, the declaration of state of emergency became apparent, necessary and mandatory. This is because, we cannot leave any part of Nigeria ungovernable. There must be government. It is not surprising therefore for the President to declare state of emergency where there is a judgment of Supreme Court that governance has failed in Rivers State and their is no Government for over 14 months.
You may disagree with the judgment of the Supreme Court but you must obey it. The President should not pick and choose which part of the decision of the Supreme Court to obey or not. There is also no doubt that where there is *clear and present danger of an actual breakdown of public order* in any part of Nigeria, the President is permitted to declare state of emergency to avert such danger.
This category of state of emergency is preventive in nature and not restorative. This means, it is made to prevent the danger from happening and not restore peace when the danger has already taken place. I believe you have seen all the non state actors, militants mobilizing to declare war on Nigeria tied to this Rivers State issue. So those saying the situation is not ripe clearly have not read section 305(3)(d) of the Constitution of Nigeria or they just like arguing. Recall that the President met with the service chiefs and received security report hours before the declaration. If our service chiefs say there is risk or imminent danger and you are arguing otherwise, who do you want the President to believe? You or the service chiefs?
On the argument that the President cannot suspend elected Governor and House of Assembly Members, that is illogical and funny. Let's use the logic of ifs. If the Governor remains to function as Governor and the House remains to function as the House, then there is no need for state of emergency. The fight just continues without end. If the Governor and House are not functioning as found by the Supreme Court then suspending them for Government to function is the only way out. Those saying they should not be suspended but they should remain for the impasse to continue forever do not mean well for Rivers State. Governmenance has to continue, since the Governor and the House are not ready for Governance they must give way for an Administrator to take decisions for Rivers State in the interim. During this interim period, the Governor stands suspended and the House cannot sit.
The Supreme Court has since accepted this interim powers of an Administrator to take decisions for the State when state of emergency is declared in the case of Plateau State Government & Anor vs AGF & Anor(2006)LLJR SC. The main question in this case was whether President Obasanjo can suspend Chief Joshua Dariye and the House of Assembly and appoint an Administrator for 6 months. Chief Joshua Dariye decided to file the action in Supreme Court. The Administrator Major General M. C. Alli (RTD) challenged Dariye and stated that he was the Administrator and he did not authorized the filing of the case. The question then is who between Chief Joshua Dariye and M. C. Alli had Constitutional authority to take decisions for Plateau State during the state of emergency including filing of the case on behalf of Plateau State.
The Supreme decided that only the Administrator had the authority to take decisions for Plateau State during the state of emergency. It was decided thus:
It is a notorious fact that Major-General Chris Alli (Rtd.) was appointed Sole Administrator of Plateau State during the State of emergency in that State from 18/5/2004 until 17/11/2004 when the emergency ceased. It is also a notorious fact that during the state of emergency both the Governor and the House of Assembly were suspended and therefore were not functional. It is also a fact that throughout the period of state of emergency only the Sole Administrator took decisions for and on behalf of the State. It is therefore common sense to say that as at 24/6/2004 when the plaintiffs filed this suit, only the Sole Administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria.
As long as this decision has not been set aside by the Supreme Court, it remains binding. The President can suspend the Governor and the House of Assembly in declaring a state of emergency and only the Administrator has power and authority to take decisions for the State government during the state of emergency.
We should support the President in bringing solution to the Constitutional crisis in Rivers State and not condemn, criticize and complain without offering any constitutional solution. What I find funny about Nigerians is that, they will support all unconstitutional act of the Governor including demolishing House of Assembly and stopping them from sitting for over 14 months but shout blue murder when the President attempts to exercise his constitutional powers to declare a state of emergency. Haba! Is it only the President that is supposed to obey the Constitution or the Governors too are supposed to obey the Constitution?
P. D. Pius Esq
Abuja, Nigeria