Politics
APC To Fubara: You Can’t Abrogate Constitution Of Federal Republic Nigeria
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The All Progressives Congress (APC) has told Governor Simi Fubara of Rivers State not to abrogate the constitution of the Federal Republic of Nigeria, pointing out that it’s an affront of the constitution for the Governor to declare that Rivers State House of Assembly doesn’t exist.
The APC in a press conference on Friday addressed by Felix Morka, Esq., National Publicity Secretary of the party, noted that it was confounded by the disturbing missteps of the Governor in Rivers State and the Peoples Democratic Party (PDP) which staged a press briefing on Wednesday, May 8, 2024, where it dismissed the APC, Rivers state chapter’s call on the Rivers State House of Assembly to impeach Governor Siminalayi Fubara.
He said, “The PDP tendered a hogwash argument that by Section 109 of the Constitution, the 27 House of Assembly members who defected from PDP to APC have forfeited their seats, and echoed the Governor’s declaration that the Rivers State House of Assembly is non-existent.
“Contrary to PDP’s assertions, it’s not APC that is calling for the impeachment of Governor Fubara. Rather, by his egregious actions, conduct and infantile comments, Fubara is actively and vehemently precipitating his own impeachment.
“Governor Fubara’s declaration that the Rivers State House of Assembly doesn’t exist is not only reckless, it is a direct affront to the Constitution of the Federal Republic of Nigeria.
“The House of Assembly is a creation of the Constitution, and vested with the legislative authority of the state. The members of the Assembly were elected by the good people of Rivers State in the same manner that Fubara was elected Governor.
“The Assembly doesn’t exist at the Governor’s pleasure or fanciful whims. The legislature is at the core of the idea of democracy. It is co-equal with the executive and judicial arms of government.
“The constitutionally entrenched principle of separation of powers among the three arms of government guarantees essential checks and balances required to ensure observance of the rule of law. The rule of law is indispensable to democracy and constitutional order.
“If his declaration that the House of Assembly is nonexistent is based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Governor Fubara is sorely misled.
“To be clear, the 27 Assembly members didn’t lose their membership of the Assembly by virtue of their decampment. There is nothing homeostatic about Section 109(1)(g) of the Constitution. It’s not self-executing. The Proviso to the said Section 109(1) (g) established exceptional grounds to the applicability of Section 109(1)(g) Section 109(1) states: A member of a House of Assembly shall vacate his seat in the House if – (S.109(1)(g) – 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 expiration of the period for which that House was elected:
“Provided that his membership of the latter 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.” he added.
“Therefore, only a properly constituted court of law can make a determination as to whether a member of the House of Assembly has vacated his seat in accordance with that provision of the Constitution. As no such judicial determination has been made, the 27 APC members of the House of Assembly remain the constitutionally recognized and authorized members of the Rivers State House of Assembly.
“The Governor’s declaration flies in the face of a matter pending in court as instituted by some elders of the state on the very question of the legal status of the 27 members that decamped from PDP to APC. The court ruled that the plaintiffs in the matter lacked necessary _locus standi_ to bring the action.
“An appeal against that ruling remains pending in the Court of Appeal. Governor Fubara is a party to that suit. And there is the subsisting order of injunction issued by a Federal High Court restraining the Governor and his agents from impeding or frustrating the House of Assembly under the leadership of the Speaker, Rt. Hon. Martin Amaewhule.
“The Governor’s attack on the House of Assembly and its leadership is in flagrant disrespect of the order of a court of law and a violent violation of the express provisions of the Constitution. His demolition of the Rivers state House of Assembly complex remains one of the most brazen attacks on democratic institutions in our nation’s history.
And there is now grave apprehension that he may be spoiling to demolish the House of Assembly residential quarters in Port Harcourt, built only two years ago, following his recent gestapo-like invasion of the Assembly quarters. Governor Fubara’s weaponization of demolition of public assets as a strategy to dislodge and punish legitimate members of the legislature is nothing short of petty despotism and must be roundly condemned.
“Governor Fubara continues to conduct the business of government unhinged, and in total contempt of the state legislature. The Governor expends the state’s resources without regard to appropriation and public procurement laws. The Governor has unlawfully withheld local governments’ funds as a punitive measure against perceived opponents, and only recently, directed that all heads and officials of the 23 Local Government Areas should ignore the summons of the State Assembly as he threatened to sack officials who flouted his directive.
“The power of the purse resides in the legislature. If, indeed, the House of Assembly does not exist, as Governor Fubara has declared, then the Governor must necessarily shut down the entire government of Rivers state, especially the office of the Governor, as he lacks the authority to expend public resources without valid appropriations by the legislature.
“Governor Fubara cannot abrogate the Constitution of the Federal Republic of Nigeria. He cannot be governor and be despot-in-chief of the Rivers state House of Assembly, at the same time. Attempting to impose an illegal 3-man House of Assembly is executive lawlessness in the extreme. Governor Fubara’s quest to repudiate the Constitution and govern in denial of the existence of the state legislature is, in and of itself, among other grounds, an impeachable offense.
“We strongly counsel Governor Fubara to submit himself to the dictates of the Constitution and the rule of law.
“In any and all contests between Governor Fubara and the Constitution of the Federal Republic of Nigeria, the Constitution shall prevail, always. The good people of Rivers state deserve so much more than the seemingly unending chicanery of Governor Fubara,” APC added.
The African Democratic Congress, ADC, presidential candidate, Atiku Abubakar, has advised President Bola Bola Tinubu to emulate former presidents Goodluck Jonathan and Muhammadu Buhari, saying they never deregistered opposition political parties.
Atiku made the call on Saturday in reaction to an attempt to deregister the Nigeria Democratic Congress, NDC, through the courts.
The former Vice President said attempts to restrict political competition run contrary to democratic principles and could erode public confidence in the electoral process.
Former Presidents Goodluck Jonathan and Muhammadu Buhari never deregistered opposition political parties. Copy and learn from them.
“If you’re truly popular and your policies have positively bettered the lives of the citizens, you shouldn’t be afraid of a free and fair competition,” Atiku said.
The Peoples Redemption Party (PRP) has raised concerns over plans by President Bola Tinubu’s administration to establish state police through a constitutional amendment.
In a statement signed by its National Chairman, Hakeem Baba-Ahmed, the opposition party said the Tinubu administration’s credibility and competence were at an unprecedented low in Nigeria’s democratic history.
The party acknowledged the need for a major review and overhaul of Nigeria’s security, law and order institutions to address insecurity and strengthen citizens’ confidence in leaders and critical institutions.
However, it argued that the All Progressives Congress (APC)-led administration lacked the moral standing and public trust required to undertake a major restructuring of the country’s policing system.
“Going by precedent and record, this administration will almost certainly secure what is needed to amend the constitution and actualize its desire to establish State Police,” the statement said.
“While Nigeria needs major review and overhaul of its security and law and order institutions to address national security and create an environment that should raise citizens’ confidence and faith in leaders and critical institutions, this administration lacks the moral assets and the trust of Nigerians to undertake a major shift in the policing structure of the country.
“The APC administration has failed to manage our security structure and institutions. Its plan to engineer the emergence of State Police is suspicious and it should be rejected.”
The PRP said the forthcoming election should serve as a test of credibility and popular acceptance before the country takes decisions on major issues such as the creation of state police.
It also urged the Federal Government to intensify efforts to secure citizens and bring an end to the insecurity facing the country.
President Bola Tinubu had on Tuesday transmitted to the Senate a bill seeking to amend the 1999 Constitution to provide for the establishment of state police services across the federation. The upper chamber passed the bill on Wednesday.
The Nigerian Democratic Congress, NDC, Presidential Candidate for the 2027 election, Peter Obi, has advised President Bola Ahmed Tinubu to consider resigning his position, having failed woefully in discharging most of his campaign promises. And having failed to improve the standard of living of the citizens.
Reacting to the announcement of the British Prime Minister’s resignation, which is not unconnected with the complaints of British citizens about their deteriorating standard of living under his watch, Obi, in a tweet he titled “owning up to Leadership Failures and Political Responsibility”, advised Tinubu to emulate the British PM and save the country from the worsening economic situation.
Writing on his X handle, the 2023 Labour Party presidential flagbearer said, “This morning, I listened to the British Prime Minister’s speech announcing his planned resignation in July. As a keen observer of global politics, my primary interest lies in examining what successful nations do right and the structural factors that cause others to lag or struggle with governance and development.
“The Prime Minister’s planned resignation comes amid mounting public frustration over a stagnant economy, a worsening cost-of-living crisis, and a perceived failure to honour key campaign pledges.
“Looking inward in our dear country, we can recall our own situation. Before 2015, our President on several occasions championed the call for the then President Goodluck Jonathan to resign over economic hardship and insecurity affecting Nigerians. During the Chibok school kidnapping incident, he demanded the immediate resignation of President Jonathan, arguing that the government had failed in its most fundamental duty of protecting lives.
“During the 2023 election campaign, President Bola Ahmed Tinubu made several promises, including improved electricity supply. He also challenged the electorate not to vote for him for a second term if he failed to deliver on those commitments—particularly in providing stable power, fighting corruption, and improving the welfare of Nigerians.
“At present, however, these conditions have worsened. Electricity supply remains unreliable, insecurity has intensified in many areas, including kidnappings, and economic hardship has deepened rather than eased. Similar concerns are reflected across other critical sectors such as security, infrastructure, transportation, and anti-corruption efforts, all of which have regressed. We are in the worst possible condition.
“I, therefore, join Nigerians of goodwill in calling for the resignation of the President over monumental failure in governance. Such a gesture would help enthrone a political culture rooted in accountability and responsibility, rather than further entrenching impunity. It would also send a powerful message that public office is a sacred trust, not an entitlement, and help build a society in which future leaders understand that failure carries consequences. Only by ending the culture of impunity can we secure a better future for the society our children will inherit in a New Nigeria that is possible”
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