Make Up Your Mind! Rivers State Recognition of Omehia as its Former Governor.

Make Up Your Mind! Rivers State Recognition of Omehia as its Former Governor.

Introduction

The ongoing political drama in Rivers State surrounding Governor Nyesom Wike and the House of Assembly of Rivers State together with Sir Celestine Omehia appears to be far from over. It has left quite a number of people concerned about the state of governance in Rivers State and Nigeria as a whole. Is this an obvious case of abuse of power or a noble act to correct a wrongful act?

Brief History

On the 26th of January 2007, Rt. Hon. Chibuike Amaechi commenced a suit at the Federal High Court, Abuja against Independent National Electoral Commission [INEC] and eventually joined Sir Celestine Omehia and the People Democratic Party [PDP] as parties to the suit. The case was appealed up to the apex Court in Nigeria [the Supreme Court] and the facts of the case are summarized thus: Amechi, a member of PDP, in his quest to be the Gubernatorial candidate of the party in the April 2007 contested the party primaries and emerged the winner. PDP submitted Amaechi’s name to INEC as PDP Gubernatorial candidate for the party but subsequently substituted Omehia’s name for Amaechi without giving cogent and verifiable reasons for the substitution as required by the Electoral Act, 2006.

The Supreme Court found in favor of the Rt. Hon. Chibuike Amaechi. The Court held that the PDP did not give sufficient reasons for substituting Amaechi’s name for that of Omehia. The reason for the substitution did not fulfil the requirements as provided under Section 34 of the Electoral Act. Thus, the substituted candidate’s victory in the election was irrelevant as his participation in the election was improper. The apex Court held that since the party’s candidate was not adequately removed, the campaign for votes done by the party was done in favour of the Chibuike Amaechi and he was the winner of the election, since PDP had won the election. He was thus the Governor of Rivers State by virtue of the political party winning the election. The Apex Court held that the participation of Celestine Omehia in the election was an illegal act and he could not be heard to claim benefits for his illegality. [See; AMAECHI V. INEC & ORS 2008 LPELR – 446 SC]

The First Resolution

By virtue of the judgment of the Supreme Court, Sir Celestine Omehia was Governor of Rivers State from 29th of May 2007 to 25th of October 2007 [about five months]. However, contrary to the Supreme Court’s well elucidated Judgment, the state government vide an instrument published in the official gazette of the Rivers State of Nigeria No. 5, Volume 52 of March 2016 under the hand of Governor Nyesom Wike recognized Sir Celestine Omehia as a former governor and restored all his privileges and entitlements.

The Derecognition

It is indeed thought-provoking that seven years after the laudable/detestable decision [depending on where one stands] of Governor Nyesom Wike and the State House of Assembly to accord due recognition to Celestine Omehia as a former Governor of the state, a fresh motion has now been passed to derecognize him based on the same Judgment of Court that was very much potent and valid as at the time the initial recognition was approved.

On the 6th of October, 2022 a motion was presented by Amaewhule Martins Chike titled “Motion to rescind the Rivers State House of Assembly on the recognition of Sir Celestine Omehia as former Governor of Rivers State and the Restoration of all the benefits and entitlement due to him”. The said entitlement received totaled Six Hundred Million Naira [N600,000,000.00] in benefits and Ninety-Six Million, Five Hundred Thousand Naira [N96,500,000.00] as monthly pension as of September, 2022.

All 21 members of the House present at the plenary voted in favour of the motion and the House adopted the resolution. Governor Wike, probably due to his recent fall out with Omehia, swiftly approved the motion as soon as it got to him. He explained that the recognition given to Sir Celestine Omehia was made in error and with the signing the recognition accorded in addition to accruable rights and benefits are cancelled. The Legal advice from the State Attorney General, which was apparently sought this time, termed the recognition as being “extrajudicial”. One would then wonder why proper legal guidance was not initially sought.

Political Vendetta or Not: Legal Implications Of The Derecognition

Without the rigor of any legal process, the State Government of Rivers State thought it reasonable to restore the dignity and recognition of Sir Celestine Omehia regardless of the existence of a Supreme Court Judgment where the position of the law on the issue was made clear.

It should however be noted that there seems to be an apparent conflict on the interpretation of the Supreme Court Judgment. On one hand, it was interpreted that the Supreme Court was clear that Omehia in the eyes of the law was never a Governor in Rivers State. On the other hand, it was interpreted that the Judgment of the Supreme Court did not make pronouncement on Omehia status as governor or otherwise rather, all the apex court said was that in the eyes of the law, Omehia was not the valid candidate of PDP.

Regardless of the apparent conflict on the interpretation of the said judgment, can Rivers State Government approbate and reprobate? More so when the government on its own volition decided to restore to Omehia the privileges and entitlement of a former Governor. He never fought, protested or went to Court, soliciting such recognition. The government on its own decided it was the “proper thing to do”. It is clear that consistency is one of the hallmarks of sincerity and excellence and this was further buttressed in the case of Attorney General, Rivers State V. Attorney General, Akwa Ibom State [2011] 29 Wrn 1, where the Supreme Court opined thus:

“It is a rule of equity that, one cannot approbate and reprobate…it is a doctrine of justice and it is inequitable to blow hot and cold, this principle find expression in Latin maxim “Allegans Contraria Non Est Audiendus.”  Per BIOBELE ABRAHAM GEORGEWILL JCA [Pp 45 – 46 Paras F – D]

The Apex Court in the case of Ayorinde V. Kuforiji [2022] 12 Nwlr [Part 1843] Pg. 112 Para D also held thus:

“The law is that, a person in the position of respondent will not be allowed to force back the hand of the clock belatedly; having made the appellant change his position and expended monies…, it was too late in the day for the respondent to suddenly wake in a fit of contrived belated awareness…”

Furthermore, it is an established principle of law, by the doctrine of Estoppel that when a person or an establishment [like the Rivers State House of Assembly] has by its declaration, act or omission intentionally caused or permitted a person to believe a thing to be true and act upon such belief, neither it nor its representatives in interest shall be allowed to deny the truth of that thing.  See; Section 169, Evidence Act, 2011.

Therefore, if the law forbids reprobation, the implication is that everything said in such reprobation is of no moment, of no use and ought to be discountenanced and disregarded. This principle of law is expressed in the Latin Maxim “Qui Approbat non Reprobat” quite literally translated to “the one who approbates, cannot reprobate” or “that which I approve, I cannot disapprove.”

However, it is worthy of note that the Rivers State House of Assembly has the power to make, enact and pass laws so long as any laws passed by it are within its own legislative competence and authority. Not only can the legislature enact laws, it can also amend any existing law passed by that arm of government as circumstances may permit. This duty on the legislature to enact and even amend existing laws was alluded to by the apex Court in Amoshima V. State [2001] Lpelr 471 [Sc] when it held that:

“It is trite law that whereas it is the duty of the legislature to enact law, that of the judiciary is to interpret the laws so made. It follows therefore that where there is dissatisfaction with the state of the laws as it exists, and a desire for a change thereof is expressed by the people, it is the duty of the legislature which made the law in the first place to effect the needed reforms by amendments thereto. The duty both to make and amend laws so made belongs exclusively, by constitutional arrangement, to the legislature as provided under Section 4 of the Constitution of the Federal republic of Nigeria, 1999.” Per Onnoghen, J.S.C.

It is clear from the above that the House of Assemblies in Nigeria has the unfettered power to make and amend laws provided it so done in obedience to the relevant constitutional provision under which the law was made. By Section 100 [1] of the CFRN, 1999 [as amended], this power is exercised by Bills passed by the House of Assembly and then assented to by the Governor, except otherwise provided. Therefore, it is very much within the remit of the Rivers State House of Assembly to pass a Bill seeking to recognize Omehia as former governor of Rivers State and where so decided, pass another Bill seeking to amend the initial Bill if same was passed in error.

Another issue to be determined is whether Rivers State Government can compel Omehia to refund in seven days all monetary entitlements especially the sum of Six Hundred Million [N600,000,000.00] in benefits and Ninety-Six Million, Five Hundred Naira [N96,500,000.00] in pension received from the state government as at September 2022. Section 124 [5] of the CFRN, 1999 [as amended] provides as follows:

“124[5] Provisions may be made by law of House of Assembly for the grant of a pension or gratuity to or in respect of a person who had held office as Governor or deputy Governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provision made in pursuance of this subsection shall be charged upon the Consolidated Revenue Fund of the State.”

From the above provision, it is clear that past Governors and Deputy Governors are entitled to payment of pension or gratuity provided they were not removed from office. Rt. Hon. Chibuike Amaechi during his tenure obviously interpreted the judgement of the Supreme Court in Amaechi V. Inec & Ors 2008 Lpelr – 446 SC to mean that Omehia was removed from office and no monetary entitlement due to former governors should be paid to him. Governor Nyesom Wike and his administration on the other hand decided to do otherwise. He assented to the Bill recognizing Sir Celestine Omehia as a former governor of Rivers State and restored the payment of all accompanying entitlements.

Therefore, if the House of Assembly decides to suddenly withdraw that recognition, then the payment of any entitlement should immediately cease. However, compelling Omehia to refund the entitlement received by him while he was “legally” recognized as a former Governor of Rivers State could be interpreted as abuse of power.

For the purpose of fairness and justice, it would indeed be wise for Sir Celestine Omehia to turn to the Judiciary for intervention and redress, as suggested by many. The court would have to determine the legal justification of the refund and whether the House of Assembly can approbate and reprobate in the same breath. The House of Assembly with Governor Nyesom Wike obviously have no desires whatsoever to take responsibility for their initial error and it would be unfair for them to seek to blame or persecute a man who did not protest or fought for any favors.

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2023 ELECTIONS; RIGHT OF CHOICE VS FORCEFUL DEMAND FOR GOOD GOVERNANCE

2023 ELECTIONS; RIGHT OF CHOICE VS FORCEFUL DEMAND FOR GOOD GOVERNANCE

The forthcoming 2023 General Elections is the most important topic in the Nigerian political sphere being discussed right now. The prominent parties at the forefront are the All Progressive Congress which is flag-borned by former Governor of Lagos State, Asiwaju Bola Ahmed Tinubu; the People’s Democratic Party whose candidate is former Vice-President of Nigeria, Alhaji Atiku Abubakar; and finally, the Labour Party being represented by former Governor of Anambra State, Mr. Peter Gregory Obi.

Jurisdiction

The APC administration while campaigning in 2019 promised Nigerians it would bring a massive change in all strata of governance. It made the same promise in 2019 when seeking re-election. However, the vast majority of Nigerians disagree and insist that the APC government has failed to fulfil its promises. Currently, the rate of insecurity has skyrocketed like never before, the economy has melted down, the Naira currently keeps being devalued on a daily basis, insurgency is no longer a piece of “breaking news” as it is now the norm, amongst other disheartening tales the Nigerian person can easily tell. Yet, the APC wants to contest again.

Questions to answer

  1. After nearly 8 years of ruling, should APC be rewarded with at least another 4 years in power?
  2. After 16 previous years, should the PDP be given the reins of the country again?
  3. Is it time for the Labour Party, whose candidate has a brilliant track record in governance? Should there be a new Sherrif in town who would probably set the ball rolling for good governance, thereby restoring Nigeria back to its glory days?

In the past few months, Labour Party’s candidate, Mr. Obi has been the most popular especially on mainstream social media. His achievements as a former Governor have been brought to the fore of political debates and discussions. His supporters dubbed as “OBIdients” have taken campaign and political awareness to another level. Their passion, grit and doggedness cannot be ignored. This drive to see their preferred choice get to the Aso Rock has also led to several allegations that they have been bullying and attacking members of the opposition parties, especially members of the APC who are popularly called “BATified”, not to cast their vote for the APC. The OBIdients are demanding a truthful change in governance and refuse to back down or be brow-beaten. It is their strong and unshaken belief that the APC government must not be allowed to continue in leading the country. To them, Nigeria has regressed like never before and enough is enough.

Two Sides of A Coin

Everyone has the right to vote a party or person of choice. Article 21, Universal Declaration of Human Rights, 1948 provides that everyone has the right to take part in the government of his country, directly or through his chosen representatives. Section 38, 1999 Constitution says that everyone has the right to freedom of thought, conscience and religion. Section 40 goes further, establishing the rights to free assembly and association and that a person can belong to any political party of his choice. These statutes highlights that a person has the right to cast his vote in favor of anyone he chooses to. That is the law. It is an unfettered right and no one should be disenfranchised. That is the right and proper thing. Section 51(2), Electoral Act, 2022 says no voter shall vote for more than one candidate or record more than one vote in favor of ANY candidate”. This means, you should cast your vote according to your choice.

However, we must take a look at the other side of the table. Is it just to vote in a government that majority of the people are unhappy with? Is it fair to reward, by all acceptable standards of governance, a failed administration which has kept the citizenry in a state of misery, by voting for its continuity? Currently, the Academic Staff Union of Universities [ASUU] has been on strike since February 14th 2022, thereby suspending academic activities and keeping students at home for almost a year, consequently, educational stagnation is inevitable. During the #EndSARS protests that swept the nation 2 years ago, precisely on the 10th day of October 2020, protesters were shot dead at the Lekki Toll Gate, which is today known as the “Lekki Massacre”. The nation has suffered so many cases of injustice from the government in different ways. Jeremy Bentham, the father of the Utilitarian School of Thought argues that the essence of law is to promote collective happiness of the people. Thus, OBIdients insist that to vote in the APC administration would be politically immoral, unfair and unjust despite the fact that the law entitles everyone to vote according to his/her conscience. Narendra Mordi says people power must be combined with good governance to bring about real, deep and long lasting change; good governance cannot remain merely a philosophy, concrete steps have to be taken for realizing its good. The OBIdients who have been resilient and staunch in their support, refuse to back down and are unapologetically unfriendly towards members and supporters of the opposition. This behavior has been branded by many as bullying and hostile but they do not bat an eye lid.

So, the burning question remains, which better reflects Justice: Voting [according to your choice] a candidate that is deemed harmful to collective good of the people or forcefully demanding for better governance and insisting on it vehemently?

What is Justice?

One cannot take away the institution of the law in society. Without it, we are no better than animals. However, the aim of the law is to ensure Justice and foster progress in society. We opine strongly and agree with Bentham that the law is to create happiness for the highest number of people. Therefore, it can be argued that voting in a person that is seen as a threat or harmful to the majority, is “unjust” even though the law gives you a freedom to choose.

According to Le Modesit Jnr., never mistake Law for Justice, Justice is an ideal, and Law is a tool. The BATified believe that they have the right to vote in their preferred choice. This is the law and it is valid because it is a reflection of the provisions of the law. To them, this is justice and it can be argued to be so. However, the OBIdients on the other hand insist that such choice although legal, is unjust on the long term and would have grave consequences. Their stance is akin to the words of Immanuel Kant:The worst form of Injustice is pretended Justice”.

Yes, bullying and attack should not be tolerated, but can the OBIdients be blamed? Jim Crow laws in the 80’s legalized slavery and yet, that did not make them just. The nation needs a revolution to effect that change it was promised 7 years ago. The people are tired to their bones. Nigerians need to be free from shackles that has kept us bound for so long. At this point, it is seen as a do-or-die affair for many people. Patrick Henry on March 23rd of 1775 said, give me liberty or give me death”.

It is legal to vote a candidate of choice. However, if that choice is fatal to collective good of the people, it is deemed unjust.

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