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By Ehichioya Ezomon
As noted in part one under this header on Monday, April 29, 2024, Governor Siminalayi Fubara voluntarily and freely signed the peace agreement emanating from his solicitation for President Bola Tinubu to intervene in the political crisis in Rivers State that’s pitted the governor against his predecessor in office and Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike.
Fubara signed the “Eight-point Resolutions” in the presence of his backers, such as former Rivers Governor Peter Odili, Deputy Governor Ngozi Odu and chairman of Rivers chapter of the Peoples Democratic Party (PDP), Aaron Chukwuemeka, and with Prof. Odu and Mr Chukwuemeka also appending the document.
When Fubara’s newfound political allies railed and raised hell against the agreement, claiming the governor didn’t sign it – and if he did, it’s under duress from the almighty Presidency, and a betrayal of the Rivers people, who’ve lined behind him in his fight for political supremacy with Wike – Fubara confirmed that he endorsed the document willingly.
The governor, in a Christmas message on Monday, December 25, 2023, said the resolution brokered by Tinubu to resolve the crisis was “not a death sentence,” but would ensure lasting peace, and he’d implement it in a way to restore political stability in Rivers.
But implementating the peace accord appears a “death sentence” to Fubara, who – short of repudiating the document as urged by his supporters – is dilly-dallying, signalling that he might not honour the spirit and letter of the agreement, so as not to hand victory to his opponents.
Looking at the items in the agreement, it’s evident that Fubara’s sidetracking the sticky issues that caused and fueled the crisis in Rivers. For example, Fubara and his team – as urged in the peace agreement – haven’t withdrawn matters they filed in court against the Rivers Assembly and others.
The likely Fubara-engineered cases in court triggered the resignation of the Attorney-General and Commissioner for Justice, Prof. Zacchaeus Adangor, who, in an April 23 letter, accused Fubara as barring him from cases against the Attorney-General, and Government of Rivers State.
Adangor’s letter reads in part: “It is important to mention that the Governor of Rivers State had, in the past couple of weeks, willfully interfered with the performance of my duties as the Hon. Attorney-General and Commissioner for Justice, Rivers State, by directing me not to defend, oppose, or appear in suits instituted against the Hon. Attorney-General and the Government of Rivers State by persons admittedly hired and sponsored by the Government of Rivers State.” However, Fubara – in a no-holds-barred speech on Monday, May 6, when he received a delegation of political and traditional leaders from Bayelsa State, led by former Governor and Senator Seriake Dickson – alluded to Prof. Adangor sabotaging the interest of his administration and that of Rivers State, as reason for redeploying him to the Ministry of Special Duties (Governor’s Office), which Adangor declined and quit the government within 24 hours of the letter of redeployment issued on April 22 by Secretary to the State Government, Dr Tammy Danagogo.
Recall that Mr Isaac Kamalu, Commissioner of Finance, moved to the Ministry of Employment Generation and Economic Empowerment, resigned his post same day, citing “inability to function properly in an atmosphere devoid of peace,” and disputed Fubara’s claim of doubling the Rivers internally-generated revenue in 10 months, noting a steady rise in internal revenue receipts for years, “culminating in what the state is presently generating though not the figures (Fubara) erroneously claimed in the media.”
Drafting this piece the upper week, I posited that the Rivers Assembly, led by Martin Amaewhule, maybe in name and in place, and sitting in a location of their choice, but wasn’t recognised by Fubara because 27 of its members had dumped the PDP for APC when there’s allegedly “no fictionalisation of the party nationally.” Hence Fubara’s vetoed bills passed by the Assembly, which then overrode the governor, and passed the bills into law.
Fubara’s now publicly proclaimed the pro-Wike 27 APC members in the Rivers Assembly as “not existing,” going by law, and stressed he only accommodated them as his former political allies, and for the sake of peace in Rivers. Also, Fubara, during the Bayelsa delegation’s visit, dismissed the Tinubu brokered peace deal between him and Wike “as not constitutional.”
Fubara’s words: “It (peace deal) is a political solution to a problem. I accepted it because these (APC lawmakers) are people that were visiting me and we were together in my house. These are people that I have helped in many ways even when I wasn’t a governor.
“Yes, we might have our disagreements, but I believe that one day, we could also come together. That was the reason I did it. But, I think it has gotten to a time when I need to make a statement on this thing, so that they understand that they are not existing.
“Their existence and whatever they have been doing is because I allowed them to do so. If I don’t recognise them, they are nowhere. That is the truth. So, I want you (the visitors) to see the sacrifice I have made to allow peace to be in our state.
“I can say here, with all amount of boldness, I have never called any police man anywhere to go and harass anybody. I have never gone anywhere to ask anybody to do anything against anybody.
“But what happens to the people that are supporting me? They are being harassed, they are being arrested and detained. There is no week that somebody doesn’t come here with one letter of invitation for trump-up charges and all those things.”
Fubara boasted that with the powers at his disposal, he knows what to do to put in check those that don’t want peace but to destroy Rivers State. “I know that I have always taken the path of peace. I have shown respect. I’ve subjected myself to every meeting of reconciliation for peace. And what happens, each time we come out from such meetings, we are faced with one thunder or lightning,” Fubara said.
“Even when I have all the instruments of State powers, I have shown restraint, and I believe that whoever is alive, and has been following the activities of our dear state, knows that I have acted as a big brother in the course of this crisis.
“I have not acted like a young man that may want the house to be destroyed but, I have behaved like a mature young man that I am. This is because I know that no meaningful development will be achieved in an atmosphere of crisis.
“And because our intention for Rivers State is to build on the foundation that had been laid by our past leaders, it will be wrong for me to take the path of promoting crisis. That is why we are still recording the development that you are hearing around Rivers State.”
In line with his declaration of “non-existence” of the 27 pro-Wike members, and the leadership of the Rivers Assembly, Fubara’s refused – contrary to the peace deal – to represent the state budget of N800bn he presented on December 13, 2023, to his loyal five PDP lawmakers, headed by former “Speaker Edison Ehie,” who passed the budget within 24 hours, and signed by Fubara the next day. A 48-hour wonder!
But on Monday, January 22, the law came on the side of the Rivers Assembly – and by extension the presidential peace agreement – when a Federal High Court in Abuja set aside the N800bn budget because both the presentation and passage of the appropriation “amounted to nullity, and a wilful breach of the court order made on November 30, 2023,” the court ruled.
Justice Omotosho also restrained Governor Fubara from frustrating the Amaewhule-led Rivers Assembly from sitting or interfering in its constitutional and legislative functions, and barred the National Assembly, the police and any member of the state executive arm from interfering in the Assembly’s affairs.
Similarly, a Federal High Court, Abuja, on Tuesday, January 30, dismissed a suit seeking to stop Governor Fubara from re-presenting the N800bn 2024 budget of Rivers State, with Justice Joyce Abdulmalik, ruling that a similar suit in the matter had been decided by a sister court on the day she had granted an interim order (which she subsequently set aside) to the plaintiffs, who claimed that Tinubu, Fubara and the Rivers Assembly have no right nor entitled to enter into any agreement that has the effect of nullifying or undermining the provisions of Section 109(I)(g) and (2) of the 1999 Constitution (as amended).
Meanwhile, the Court of Appeal has reserved judgment on appeal by some Rivers elders, led by a member of the Rivers State Elders Council, Chief Anabs Sara-Igbe, and nine others, questioning the legality of the peace agreement that they asked to be declared unconstitutional, and the representation of the Rivers 2024 N800bn budget to “a properly-constituted Rivers State House of Assembly for approval,” as demanded in the peace deal.
A Rivers High Court, presided by Justice Chinwendu Nworgu, had struck out the suit, seeking interpretation of the Constitution on whether the president has the legal right to direct Fubara to re-present the budget to 24 lawmakers, led by Amaewhule, “even after their seats were declared vacant.”
As first reported by PUNCH, the dissatisfied claimants appealed the high court ruling, joining President Tinubu, Governor Fubara, Rivers Assembly Speaker, Martin Amaewhule, the state House of Assembly and the Peoples Democratic Party (PDP).
On Wednesday, May 1, the three-man panel of the Appeal Court, led by Justice Elfreda Oluwayamisi-Dawodu, reserved judgment to a date to be communicated to parties after they’d adopted their final written addresses. While the counsel for President Tinubu and Governor Fubara didn’t file any brief of argument in the suit, no lawyer represented the PDP during the proceeding.
In support of his adopted written address, counsel for the claimants, Wilcox Agberetor (SAN), argued that the appeal be allowed, and the matter transferred back to the Chief Judge of Rivers State, for reassignment to another judge, while counsel for the House of Assembly, K.C Njemanze (SAN), urged dismissal of the appeal.
Equally unimplemented in the eight-point peace accord between Fubara and Wike are issues of the caretaker committees in Rivers local governments, and dissolution of the Local Government administration, which the peace deal declared “null and void and shall not be recognised.”
This has added a fresh layer to the power tussle between the governor and Rivers Assembly, which’s overriden five bills Fubara’s vetoed, including the revised Local Government Law that paves way for election into the local government areas of Rivers State.
Is Governor Fubara intent on honouring the peace resolutions? If he does, what’s worth doing at all is worth doing well! No need to continue digging in; it only profits the puppeteers and “where-belly-face” politicians egging him on to renounce the agreement. Many of them were with Wike yesterday, they’re with Fubara today, and will be with another governor tomorrow for “stomach infrastructure.”
Fubara should free himself of the sycophants and bootlickers in and about the corridors of power in Rivers State, so he can clearly see and directly hear from the masses, who suffer more as his fight-to-finish with Wike lingers! Or does he want a no-end to the Rivers crisis?
Fubara talks about being patient, tolerant and restrained in his dealing with the Rivers crisis. Will his patience snap, and pull off completely the gloves, and bare-knuckle his traducers in Abuja and Rivers? How will he carry out the struggle? Defensive or a blitzkrieg?
That’ll be taking a page or two from former Rivers governors, who hounded and/or probed their predecessor-governors over real or phantom allegations! And he’s at liberty to tread that path in Rivers peculiar, firebrand politics. More in the next piece under this header!
•Mr Ezomon, journalist and media consultant, writes from Lagos, Nigeria.