How Governor Fubara Got Trapped

By Eric Elezuo

“On his part, the Executive Governor of Rivers State, Siminialayi Fubara, who has the mandate of the people of Rivers State to govern them for the next four years, has shown feebleness of character, by agreeing and appending his signature on a document containing such absurdity.

“He has betrayed the people who elected him as Governor and those who stood behind him in this cause. Mr Fubara has shown naivety in his actions; by signing that document, he has signed his death warrant, believing that the President will show him some sort of favours. Mr. Fubara’s mandate is Constitutional and so, he cannot surrender it in the face of intimidation from any quarter. And it is quite unfortunate. Did he go to that meeting to speak and justify his actions, or he went there to take directives from an equally elected President?

“As Governor of a State and as the Chief Security Officer of the State, he has shown tremendous lack of courage and competence. It will be in his best interest to resign if he cannot govern the State as constitutionally provided, or he may as well decamp and join APC, and be taking directives from Nyesom Wike and President Tinubu on the governance and leadership of the State,” – Chief Edwin Clark

This is not the best times for the Governor of Rivers State, Siminialayi Fubara, as he continues to battle for his political life even as he remained the constitutionally elected number one citizen of the state.

In the light of the above, the governor of Osun State, Ademola Adeleke, was recently quoted as describing Fubara as being in government but not in power.

Fubara’s travails started barely five months into his administration, when he reported fell out with his godfather and political benefactor, Nyesom Wike, the immediate past Governor of the state, and currently the Minister of the Federal Capital Territory. By October 2023, all hell was already let lose in the oil rich state.

Observers have said that Fubara’s refusal to be continually humiliated and have his executive authority undermined drew the irk of Wike. Consequently, a plot was hatched to impeach the governor with the majority of the members of the House of Assembly, who have unequivocally pledged loyalty to Wike. And so, Fubara’s political battle ensued.

The governor, according sources, was unperturbed as he had a majority of Rivers people behind him.

“Much as the elites of the state, who had had one form of connection or allegiance with Wike, were backing the FCT Minister, the man on the street stood solidly behind Fubara. And so, when the impeachment plot was noise about, the Rivers people came out enmasse, and quashed the attempt.

Fubara had vowed that he will resist any unjustified impeachment attempt against his government.

The remarks came on the heels of the crises that engulf the state when rumors of impeachment of the governor began to make the rounds.

Addressing a crowd of supporters at the government house, Fubara narrated how he was ‘shot at’ by OC operations on his way to ascertain the extent of damage resulting from a Sunday night fire incident at the Assembly complex.

“If I am impeached, I will not be the first person nor the last one. But any attempt that is not justified will be resisted,” the governor vowed.

But he was later to be ambushed, trapped and subjected to sign an eight point agenda, presented by the president and the men of Wike. Not a point of the agenda was to his advantage, stakeholders have reasoned.

They also reasoned that by his act, he had frustrated the backings given to him by the Rivers people and notable stakeholders like Chief Edwin Clark and Chief Ayo Adebanjo among many other men and women, who have stuck out their necks to protect both the constitution and democracy at play in the state.

However, the political crisis in the State, suddenly assumed a new dimension as President Bola Tinubu is accused of flagrantly desecrating the same provisions of the Constitution of the Federal Republic of Nigeria, which he swore to protect. His actions through the peace meeting he supposedly brokered, was dismissed by not a few Nigerians as extra constitutional, and without respect for the law of the land.

BACKGROUND OF THE CRISES

The crisis, which erupted as a result of the perceived desire of the former Governor of State, who is now the Minister of the Federal Capital Territory (FCT), Nyesom Wike, to control the mechanism of the state government to the detriment of the incumbent governor, Siminialayi Fubara, witnessed the massive decamping of 27 lawmakers to the All Progressives Congress (APC) from the Peoples Democratic Party (PDP), and resignation of nine commissioners, including the Attorney-General and Commissioner for Justice.

The long list of commotion, and the bid to stop the lawmakers loyal to Wike from possible impeachment of the governor, Fubara hastily demolished the State House of Assembly Complex, and in its wake obtained a court order, preventing the sitting of the decamped lawmakers at any place.

TINUBU’S INTERVENTION AND THE EIGHT POINT COMMUNIQUE

But the president, seeking to restore peace, invited the contending duo to Abuja for settlement. Reports say that while the loyalist of Wike were represented in their numbers, only Fubara attended from his own camp, leaving his people out of the negotiation. Fubara, according sources, was at this point trapped.

An eight Communique was subsequently drawn and signed to after the the meeting. The terms of settlement as recorded in the document, were dismissed as one-sided, and counterproductive both to Governor Fubara and the constitution of the Federal Republic of Nigeria. This therefore, begs the question as to the reason behind Tinubu’s desire to jettison the constitution, replacing it with his own drafted resolutions.

Reacting, Elder statesman and Leader of the Ijaw Ethnic Nationality, Chief Edwin Kiagbodo Clark, expressed disgust at the 8 point Communique released after the meeting.

The elder statesman, who could not hold his anger, while addressing the media, said they will resist any of such draconic, arbitrary and unconstitutional action of the president and Wike.

Clark accused the president of being bias, resolving the matter to the benefit of the loyalists of Wike, and leaving Fubara to hang in the wing.

He said, “However, the terms of settlement as contained in the Communique issued at the end of the reconciliatory meeting is what is baffling, appalling and unacceptable to the people, especially, the Ijaw ethnic nationality. From the terms of settlement, it is obvious that President Tinubu sees his role as a mediator, to once again, show gratitude to the current Minister of the Federal Capital Territory (FCT), for “delivering” Rivers State to him during the past Presidential elections, having first of gratified him by making him the Minister of FCT.
First Observation:
The composition of the attendees of the meeting was one sided in favour of Nyesome Wike, the Minister of the Federal Capital Territory (FCT), because while Martins Amaewhule, a former Speaker, (because he has automatically lost his seat the very moment he decamped to another political party), was present at the meeting, it would have only been equitable and expedient, for Edison Ehie, the Speaker as affirmed by constitutional provisions and by the granting of the court, to be in the meeting, if there were sincerity of purpose.

The 8 resolutions reached, are the most unconstitutional, absurd and obnoxious resolutions at settling feuding parties that I have ever witnessed in my life. As a matter of fact, some medias captured it very well when they described it as Directives. And for the fact that such thing was done at the Villa, the seat of the Federal Government of Nigeria, is sacrilegious, because any place housing or is a custodian of symbol of authority, ought to be sacred.

It is obvious that Governor Siminialayi Fubara was ambushed and intimidated into submission. President Tinubu should know that with all the powers he possesses, he cannot override the Constitution. From all that transpired at the meeting, the laws of the land have not been obeyed. President Tinubu simply sat over a meeting where the Constitution, which is the fulcrum of his office as President and which he swore to uphold and abide by, was truncated and desecrated.

27 or so members (because the figure is not certain), of the Rivers State House of Assembly left the political party on which platform they were elected. The Constitution of the Federal Republic of Nigeria is very clear on that. Section 109 is quite clear on that and it says:
A member of a House of Assembly shall vacate his seat in the House if
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:
Provided that his membership of the later political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;
The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of the member.

“Nyesom Wike is quite abreast of these constitutional provisions. He shouted his voice hoarse calling for the removal of persons like David Umahi as Governor of Ebonyi State, Ben Ayade as Governor of Cross River State and Bello Matawalle as Governor of Zamafara State, when they decamped from the PDP on which platform they were elected into office, to the APC, citing the above constitutional provisions. What has changed?

“A Court of competent jurisdiction has pronounced Edison Ehie as the Speaker of the Rivers State House of Assembly. That Ruling has not been vacated, and based on that he exercised the duties conferred on him by Section 109 (2) as quoted above, when the 27 or so members openly defected to APC, waving the flags of the party and singing President Tinubu’s campaign songs, from the Peoples’ Democratic Party (PDP). As at today and going by the Constitution, the Rivers State House of Assembly has four members who are recognised by the laws of the land Therefore, on what premise is Mr. President saying that the 27 decamped members should go back to the House? Under what political party, the PDP or the APC. The directives of Mr. President is absurd and cannot hold water. Mr. President should be aware that Siminialayi Fubara, today, is the elected Governor of Rivers State in the same manner Bola Ahmed Tinubu is the elected President of the country. And as a Governor, Mr. Fubara possesses all the powers as conferred on him by the Constitution.
2. Re-Submission of the names of Commissioners who have resigned their Appointments:
Another “directive” of Mr. President that the names of the Commissioners who were nominated by Nyesom Wike and who resigned on their own volition, and who have lost their trust in Governor Fubara, should be represented to the Rivers State House of Assembly for clearance to become Commissioners again, is ridiculous. Who is nominating them to become Commissioners again? Is it Mr. President? Was Mr. President thinking that he was mediating in a matter between Nyesom Wike and employees in Nyesom Wike’s private company? Is it what Nyesom Wike means when he talks about “structure”, referring to Rivers State as his personal holdings or enterprise?

3. Re-Presentation of a Budget already signed and passed into Law:
Another unthinkable “directive” of Mr. President is that a Budget which has been passed into Law, should be represented. It is absolutely ridiculous and unconstitutional.

“By President Tinubu’s actions and directives, he has overruled the Constitution of the country; he has shaken the foundation of the country’s democracy. People lost their lives fighting for democracy in this country. Today, President Bola Ahmed Tinubu, has made of no effect the blood of the freedom fighters shed to salvage this country. He has thrown the country’s democracy fifty years backwards; this is unacceptable. Rather than building a strong system and society, we are building strong, invidious characters, with our national patrimony through corruption and avarice.

“By the actions of President Bola Ahmed Tinubu, he has really shown his dislike and disdain for the Ijaw people. and confirms his hatred for them. And as the leader of the Ijaws, we will resist it.

“Nyesom Wike is not an emperor. For the eight years he was in power as Governor of the Rivers State, he ruled with an iron fist. As Governor, he will not accept such treatment from anyone, as he is spear heading to be meted out to the current Governor of the State, Siminialayi Fubara. Barr. Wike destroyed his opponent’s houses and even threatened to kill them as cried out by Senator Lee Maiba from Ogoni, and Dr. Abiye Sekibo from Okrika
It is still fresh in our memory, how Nyesom Wike, as Minister of State, Education, used federal might to fight the then Governor of Rivers State, Chibuike Amaechi that almost led to the grinding to a halt of governance in Rivers State when the Judiciary was closed down and the House of Assembly was shut down by the then Governor, Rotimi Chibuike Amaechi. President Jonathan did not interfere in his action because if he did, he will definitely be breaching Section 5(2) of the 1999 Constitution of the Federal republic of Nigeria, which President Tinubu has deliberately breached, despite his oath of office to uphold and promote the Constitution. Nyesom Wike is Minister now, and again, he is using the federal government to truncate the wishes of the people of Rivers State. The rule of law in the country is completely truncated by President Tinubu. While it will be noted that presently, the National Assembly is discussing on the Bill of Local Government Autonomy, President Bola Tinubu is directing Governor Fubara to put into effect, a Bill passed by people who are no longer law makers.

4. The members of the House of Assembly choosing where they will sit to carry out their legislative duties:
It is the duty of the executive to provide legislative accommodation for the Houses of Assembly including the National Assembly, and not the members of the House of Assembly to choose a place to meet. It is in this vein that President Bola Ahmed Tinubu, in presenting his Budget to the National Assembly, recognised the FCT Minister, Nyesome Nwike, as the land lord, because he is of the executive arm of government. It is the FCT that owns the National Assembly complex and maintains it. It is, therefore, ridiculous and unconstitutional for President Tinubu to direct, in his settlement, that the members of the Rivers State House of Assembly, should meet wherever they want to meet.

“We will resist such draconic, arbitrary and unconstitutional action by Mr. President and his customer Nyesom Wike. We will go to court to challenge this so-called one-sided and oppressive action of Mr. President.

Holding that ‘Enough is Enough’, Clark vowed to go court to seek redress on the ambushment of Governor Fubara

Also responding, a former Minister of Work, and two terms governor of Lagos State, Babatunde Fashola, constitutional lawyer, Femi Falana and other prominent lawyers in the country, mostly from the Niger Delta region, came out boldly to condemn the actions of Tinubu, saying his intervention is not required as the constitution doesn’t give room for such.

Meanwhile, a cross section of respondents have faulted the outcomes of the reconciliatory meetings with Tinubu, which they agreed that Fubara ‘erroneously’ signed.

They maintained that while he has fulfilled all the terms of the agreement to his own detriment, the camp of Wike has refused to live up to theirs, and continued to rattle the governor. They further accused Fubara of leaving behind the people who have stood solidly with to unilaterally sign a document that betrayed all the efforts put in place to checkmate godfatherism in the state.

A Rivers elder, who craved anonymity, said that for Fubara to get back on his feet, he needs to get back on the good books of the people.

“The governor must apologize to his people for taking the stand he took; for allowing himself to be armtwisted and trapped in such a manner that 27 already resigned lawmakers are back to their seats and threatening his administration. The same way nine resigned commissioners are also recalled,” he said.

Stakeholders have also berated those governors frolicking around the presidency seeking to curry his favour as men and women without adequate sense of history, saying that they are playing into his hands to interfere in every aspect of their administration including judicial pronouncements. They recall that it is this same Tinubu that stood up against former President Olusegun Obasanjo, and was applauded by Nigerians.

They see it as highly ironical that it is the same Tinubu that is today armtwisting governors to dance to his tune.

It would be recalled that most governors prior to their cases in the Supreme Court were regular visitors at the Aso Rock Villa, and after the judgments, were heard thanking the president for their victory.

“Are they giving the president kudos for what happened in the judiciary? Is the president the judicial officer. Are they not invariably giving the president the power of interference even in court matters. These Governors should think again,” a stakeholder queried.

The way it stands, if Fubara fails to rise to occasion, take his stand and fight for what rightly belongs to him, he will remain a stooge of Wike and his handpicked lawmakers.

The governor, as matter of urgency, must begin to regain the trust of the people, whose concern he jettisoned when he signed Tinubu’s eight point document, for any form of restitution to take take place.

Today, he is trapped in the political quagmire and lockjam, but there may hope in the coming days if he retraces his steps, but would he?