A Senior Advocate of Nigeria, Victor Okpara speaks to DANIEL AYANTOYE on the authorized implication of the political disaster in Rivers State, amongst different associated points
As a lawyer, what’s your tackle the political disaster in Rivers State, the place a former governor and his godson are at loggerheads?
I don’t perceive what you imply by godfather and godson. These are ideas not recognised by the Structure of the Federal Republic or the Electoral Act. What I do know is that as of right now, the Impartial Nationwide Electoral Fee returned Siminalayi Fubara because the governor of Rivers State, and when his electoral success was challenged in courtroom, the courtroom upheld it. Which means the courtroom maintained the expression of the democratic will of the individuals in River State. So, so far as I’m involved, he’s the governor. I can not say I’m unaware of the actual fact that there’s a political disaster there, however no one has satisfied me that it’s a godfather and godson factor. Once more, it’s now not information that sure members of the PDP within the Home of Meeting have defected to the APC, and it is usually not information that there have been circumstances and counter-cases; injunction, because it have been, however my tackle it is vitally easy. Nigeria’s public coverage is that we should consistently search peace for the better good of Nigerians, and on this case, River State specifically, which led to the intervention by Mr President.
What do you make of the phrases of the settlement that was reached after the intervention of President Bola Tinubu?
Viewing it strictly from the constitutional viewpoint, it isn’t for the President to be calling and dictating on what to do. However my tackle it’s that what the President did was merely advisory. It has no energy or efficiency underneath the regulation. And naturally, he’s the primary citizen, and to deliver lasting peace to River State, he had to try this. So far as I’m involved, that specific doc was clear, and everyone signed it willingly and with out coercion. The governor didn’t say he was pressured to signal it when he returned to his state. The opposite events who co-signed it haven’t mentioned they have been pressured. What that merely means is that he (the governor) believes within the settlement; he has endorsed it, and he believes it is going to deliver peace to his state.
They now want authorized specialists to help them in navigating in order that they don’t run afoul of the regulation. If there’s a subsisting courtroom ruling, the President can not torpedo the courtroom ruling by getting events to take a seat in Abuja and enter into phrases of settlement. However you may see that one of many issues suggested in these phrases is that everybody ought to withdraw their courtroom circumstances, and once they do, the circumstances are struck out, whereas all different points go along with the courtroom circumstances. So, I don’t agree with the individuals who raised concern that Nigeria President torpedoed the courtroom circumstances as a result of it was written within the settlement that they need to withdraw the courtroom circumstances. It’s also believed that every one events will take authorized recommendation to make sure that the phrases of settlement are workable and practicable.
On the peak of the disaster, some members of the PDP within the River State Home of Meeting defected to the APC. Is it not constitutionally appropriate that they need to lose their seat due to that defection?
That is without doubt one of the areas within the settlement that there’s a problem. There’s a provision of the structure that talks about how an individual ought to vacate his or her seat due to defection to a different political celebration. The grounds for defection are properly acknowledged within the structure. The query then can be; are these grounds obtainable or not? Whether it is, it is going to then imply that these individuals have forfeited their seats and if that’s the case, then it constitutionally mandates INEC to conduct a bye-election.
Is it constitutional for the President to intervene in a political disaster affecting any state in a federal system?
Did the President inform you he was interfering constitutionally? He’s the daddy of the nation. Nothing is stopping the President from advising any governor. It’s constitutional, and actually, it’s a part of good governance. Furthermore, there’s a distinction between an advisory and a obligatory step. He invited each events to debate how he needed to settle it. And should you have a look at that settlement, the President didn’t signal. It was the feuding events that signed. So, if you end up taking a look at its constitutionality, you need to have a look at it in opposition to the background of the social, political, and authorized milieu that triggered it. It’s a deep query if the President summoned them as a matter of regulation, supposedly wielding energy and now most likely decreeing that they need to observe these steps.
I imagine if there’s a disaster in your bed room and you might be having points along with your spouse, nothing is stopping Nigeria President from telling you he ought to intervene and see if he can settle it together with his knowledge. You may’t start to ask whether it is matrimonially appropriate. If he had used compulsion or most likely used state energy to do it, then I might say he had no constitutional energy for such, however when the President was intervening, he was not exercising any constitutional energy; he was simply advising as the daddy of the nation. I feel it isn’t proper for anybody to say that it’s flawed for the President to intervene when there’s a disaster in a state. And naturally, to a big extent, you may see some relative peace within the state.
Since it’s mere recommendation, each events have the best to just accept or reject the phrases of the settlement.
After all, the factor is that should you signal and Governor Fubara decides to bridge it, what’s going to occur? Nothing! Have you ever forgotten that he has constitutional immunity? However once more, it raises the ethical query of competent management. When you attended a gathering, you weren’t pressured to settle; elders and the President intervened, and also you appended your signature to a set doc. When you go forward to do it in opposition to the settlement, you’ll trigger an issue. Is that not a part of the rationale why we had issues throughout the civil warfare? Have you ever forgotten the accord? And naturally, anyone can flaunt it as a result of it’s only a memorandum of understanding. It’s a transfer that everybody ought to accept. However these are not any issues that can torpedo the provisions of the structure because it have been. Don’t overlook, the President mentioned they need to withdraw the courtroom circumstances to offer room for peace.
One of many key factors within the settlement was that Governor Fubara and his allies would withdraw all courtroom circumstances associated to the disaster. However, the State Home of Meeting would drop the impeachment proceedings initiated in opposition to Fubara. What do you make of this?
That’s the reason I mentioned it was purely advisory. Does it imply that if Governor Fubara commits an impeachment offence, they won’t impeach him? No. What it’s merely saying is that every one this stuff which have given rise to all these points must be dropped. Individuals have been saying that the demolition of the State Home of Meeting advanced was orchestrated. No one is aware of whether it is true or false. After all, we all know these are political issues. So, they’re anticipated to be morally in obedience to the structure. No one can signal an settlement past the constitutional provisions. Don’t overlook that members of the Home of Meeting swore to uphold the structure. And the structure has acknowledged clearly what impeachable offences are. Do you suppose this settlement will now supersede the provisions of the structure? No. Any member of the Home of Meeting that does that must be recalled as a result of that’s an adjudication of his duty.
So, the settlement signed is a means of attempting to revive occasions to the established order as they have been earlier than the problems, believing that every one the political weight and gladiators will have the ability to see the explanations and take River State to the subsequent stage. In spite of everything, your entire Lawyer Common who resigned from the federal government was within the Fubara cupboard. We have to have a look at this stuff from each side. Speaking politically, if lots of people who have been within the cupboard resigned due to these points, it tells you that plenty of them are loyal to (Nyesom) Wike. Even Fubara must be politically astute and delicate to know that he must work by the foundations. Politics doesn’t work in isolation. He must work as a workforce.
Don’t overlook that when the victory got here, it was achieved as a workforce, and all of the individuals who shaped the cupboard have been appointed by him. So, this godfatherism, I don’t perceive it. All I do know is that earlier than you may appoint a commissioner, you’re the governor who appointed them. It’s too late to say it was your godfather who appointed anybody for you as a result of the actual fact that you simply accepted the appointment reveals you might be answerable for it. He has to understand that there’s unity in energy and energy in quantity. I don’t suppose will probably be very straightforward for him because the governor to run the state in isolation. That’s the reason you must commend somebody like Nigeria President as a result of he’s a bridge builder. Take a look at the appointment within the Supreme Courtroom, for example. Do you see anybody complaining? Virtually all geo-political zones are balanced.
What do you make of the directive asking the governor to resubmit the names of commissioners who willingly resigned in a federal system of presidency?
That is the place I differ a bit from what the President did as a result of should you have a look at all of the the explanation why the individuals resigned, it was meant for private causes they usually voluntarily resigned. So, so that you can inform the governor to symbolize their case, these individuals ought to have been referred to as to ask them in the event that they nonetheless needed to serve in that authorities. It could have been a unique subject if it was the governor who sacked them as a result of the individuals have been resigning for private and never political causes. What makes you suppose that if he resubmits their identify once more, they’d need to serve? I imagine that side of the MoU was not properly written. So, I don’t agree with that side.
The governor was additionally requested to re-present the 2024 funds to the Martin Amaewhule-led Meeting. What do you make of that?
It seems to be laughable to me that you’ll current a funds to 5 individuals in a state with such a big illustration. When you say they declared the seat of others vacant, did the structure say you must depart the seats unoccupied? No. So, you (Fubara) are presenting a funds, and all the opposite contingents of River State weren’t represented. So, since these individuals have defected and Fubara has accepted, because it have been, that these persons are members of the APC, it signifies that he agreed that there’s a disaster within the PDP and people individuals legitimately left. If he doesn’t imagine they legitimately left, it doesn’t matter what he has performed, the structure is there to trash it. If these they’d have been nonetheless members of the PDP on the time they have been presenting that funds, it means they couldn’t current the funds as a result of they’d not represent a quorum. However having signed the funds, it means he has accepted that these individuals left correctly as a result of there was a disaster within the PDP.
From a authorized perspective, what has occurred? Do you suppose the Home of Meeting members who defected have misplaced their seats?
From what I’ve learn to date, I can not find a critical disaster within the PDP that can make them defect to the APC. The structure and Electoral Act don’t enable for impartial candidature; the political celebration should be concerned. It was the political celebration that offered the manifesto to the citizens. Individuals can’t vote for somebody on the platform of a celebration, and once they get there, they’re defeated and nonetheless need to maintain their seats. The one exception is that if there are critical political crises in that celebration. However was there a disaster in Rivers PDP? If we’re speaking in regards to the so-called disaster of godfather and godson, is {that a} celebration factor? It’s a private factor, and the structure doesn’t recognise a private battle between godfather and godson.
In one of many provisions, it was acknowledged that the dissolution of native governments is null and void. Do you suppose this must be the enterprise of the President?
No, that shouldn’t be. That could be a matter for the courtroom. If there’s a dissolution of the native authorities, because it have been, and the matter is in courtroom, it’s both you withdraw the matter from the courtroom or the governor can reverse it. I don’t suppose that’s what Nigeria President means. What I feel he means is that they need to reverse all of the issues you will have performed and withdraw all of the courtroom circumstances. When you dissolve the native authorities, cease it, and let’s return to the drafting board and do it properly. I don’t suppose he’ll declare and undo what the courtroom has performed. That can be contempt of courtroom.
Similar to Rivers State, when a disaster erupted in Ondo State concerning the absence of the governor, in addition they ran to the President to intervene. Don’t you suppose if the states observe the structure on each matter, there can be no want to hunt intervention from the President?
I agree with you. It’s equally good that they’ve any person they’ll run to. In another circumstances, the disaster will engulf the state, and a state of emergency can be declared. Have you ever forgotten that there’s that energy within the arms of the President? He can declare a state of emergency in a state if it turns into ungovernable. However once more, Nigerians want to know that every part has been considerably supplied within the structure. If solely we might observe the structure and that is the place the courtroom must do extra to revive the boldness of the individuals within the courtroom system.
Barely 48 hours after the demise of the governor of Ondo State was introduced, his deputy was sworn in. Don’t you suppose it could have been proper to honour and mourn the late governor for a minimum of per week earlier than the brand new governor can be sworn in?
The demise of Akeredolu may be very unlucky and painful. Effectively, swearing in is a constitutional requirement; there may be nothing flawed with it. And don’t overlook that there are plenty of crises in that state. Earlier than it, any person will go and get an injunction restraining him from being sworn in. However I’m positive it’s a political transfer however then, there may be nothing flawed constitutionally with what they’ve performed. If a governor dies, the deputy will step into his footwear. It’s now left for the current governor to recognise the influence and contributions of Aketi by making certain that he’s given a state burial and each accolade. This is a chance he has to allay the fears of a number of individuals by giving credit score to Akeredolu as a result of he contributed to the state. And naturally, no one is ideal.