Fubara Should Steer Clear Of Caretaker Committees For Local Governments – Igbini

Comrade (Engr) Igbini Odafe Emmanuel

Comrade (Engr) Igbini Odafe Emmanuel, is a politician and friend of both former Governor Wike and Governor Fubara of Rivers State. In this interview, he bares his mind on the lingering political crisis in River State. He insists Governor Fubara is a more committed Wike’s loyalist than many others, but warns him against appointing a Caretaker Committee for local government councils. He also speaks on the conflict between the governor and legislators of the Rivers State House of Assembly.

In the interview you earlier granted that dwelt on the escalating political crisis between governor Fubara and former governor Wike, you justified the decision of Fubara to retain former commissioners in Wike’s cabinet.  What is your reaction to the latest decision by him to redeploy two of these commissioners occupying very critical positions in what is believed to be a move to sack Wike’s loyalists from his cabinet?

Reshuffling of Cabinet is a normal practice by presidents and governors. Let us also remember that he is currently the governor; not Wike.  Section 192 of the 1999 Nigerian Constitution, as amended, vests only in him the power to appoint whoever he chooses, as commissioner; subject to confirmation by the House of Assembly. But after this, he alone has the power to redeploy or sack any of them. In this case, he only redeployed them within his cabinet. They were not happy about this and have chosen to resign which is also their right to exercise. But this is targeted at the commissioners who continued to publicly pledge loyalty to Wike rather than to him and certainly, no Governor will tolerate such. Is Governor Fubara not a core loyalist of Wike? Who among these commissioners has been more loyal and committed to Wike than him in the last 10 years? If they were more loyal to Wike than him, one of them would have been chosen by Wike, to succeed him as Governor.

But do you support the actions of these commissioners publicly disregarding Fubara as their political leader?

No! I strongly condemn their actions. In fact, it infuriates me whenever I see them talk disrespectfully in public about their boss, Governor Fubara. Even if they intend to reassure Wike and their supporters that they still regard him as their political leader they must not do so in a disrespectful manner. None of them dared this when Wike was governor. Never! But I must add that they have the right to continue to regard Wike as their political leader; nobody can stop them. But as long as they are still serving commissioners, Fubara remains their boss and they must help him to succeed because Wike remains committed to ensuring that Fubara succeeds and consolidate on his enviable achievements as former Governor of the State. It was the reason for their consolidation and continuity Campaign Promise

Would you not have advised Fubara to terminate their appointments rather than reshuffling their positions and retaining them in his cabinet?

No! I won’t. I was in worse situation than Fubara when I was the Director General of Delta State Direct Labour Agency (DLA). Some Civil Servants whom I appointed as Managers did not only continue to pledge their loyalty to some other persons but tried to work against my success in office. But I did not remove them as Managers. My daily and repeated advice to Fubara and Wike, is that: wisdom and strength are not two opposing values. Happily they both heeded to my advice, hence the relative caution that they go about this misunderstanding which I believe would soon be resolved. So, Fubara did the right thing by only redeploying them,  which no doubt has sent a strong signal to remind all the commissioners that he is the governor at whose pleasure they remain as commissioners. In my opinion, it also reassures that he still desires reconciliation with Wike.

Some people would disagree with you that he retained them because he still desires reconciliation with Wike. People are of the belief that he is only afraid to wield the big stick because he fears that President Tinubu will view it as disrespect for him and disregard for his political resolution of the crisis between him and Wike.

Did President Tinubu direct the reinstated commissioners to go and disrespect governor Fubara? Not even President Tinubu will take such disrespect or disloyalty from any of his political appointees. When he was governor of Lagos state, did he not fire his then Deputy Governor because of what he was reported to have claimed, was her disloyalty or disrespect for him?

Now this brings me to the refusal of Fubara to represent the 2024 Budget to the State House of Assembly for approval which is part of the 8-point Peace Accord initiated by President Tinubu. He recently insisted that the Peace Accord is a mere political resolution not legal and therefore not binding on him. Some Elders of Rivers state are also in court seeking a judicial pronouncement to declare the Accord unconstitutional, null and void and not binding on Fubara.

I have since made my position known that Fubara cannot cherry-pick which of the items of this accord to implement. He must implement all that concern him; after all, none of the items takes away his power as Governor. In fact, they are constitutionally incumbent on him to implement even without the Peace Accord. Let me also make the point clear that he does not have to represent the budget in person; he can delegate any member of his cabinet to do so if he is avoiding a face-to-face contact with the legislators for now. The Nigerian constitution only stipulates that the governor shall cause to be laid before the State House of Assembly, the proposed Budget. As for the Elders, I respectfully do not agree with their legal action. Even our courts of law encourage Out-of-Court settlement of disputes. What does Alternative Dispute Resolution mean and why is it now widely adopted across the globe? We were all here when last year, Governor Sanwo-Olu and Lagos State House of Assembly were engaged in worse dispute to the point that the legislators refused to screen and confirm almost all of the governor’s nominees for appointments as commissioners. There was almost a total shut down of governance of Lagos state but it took President Tinubu’s intervention through same political resolution. It was the same approach Tinubu applied in resolving the crisis in Ondo state. So, should same not apply to Rivers State? Dr. Goodluck Jonathan became Acting and Substantive President after the sad death of President Yar Adua through political resolution (the Doctrine of Necessity). Rotation and powershift for certain elective positions are unconstitutional but a political approach for peace and unity of Nigeria. Political disputes are never effectively resolved by application of technicalities of laws or in courts of law. The crisis that trailed the annulment of June 12, 1993 Presidential election escalated because some elders and groups opted to use the technicalities of laws and our courts. They failed. People died across the country but at the end, political approach was adopted to peacefully resolve the crisis.

Fubara’s refusal has made the State House of Assembly members to threaten a fresh impeachment against him. What is your take?

Was there any impeachment against Fubara before now? No! They have no intention of removing him from office. The legislators only want him to accord them and the legislature, respect. Nothing more! I agree with them. He should respect the legislature.

But we all saw how these same legislators almost impeached him last year but were prevented by the courageous storming of the Assembly Complex by Fubara and his supporters.

This is not true. The legislators couldn’t have removed him from office that day or any day after because, in the first place, there was no Notice of Impeachment served on the Governor by them or their agent. None! I challenge anybody to prove me wrong. And without notice of impeachment served on a governor, no legislature can commence impeachment proceeding against a governor. So, those reports in public domain that the House served Fubara a Notice of Impeachment were far from the Truth.

You are aware of the controversy now trailing the decision of these legislators to override Fubara and pass into law, the local government amended bill which seeks to extend the tenure of the incumbent chairmen of the local government by six months in the event that Fubara refuses to conduct local government elections before the expiration of their tenures in June. This amended law also gives the legislators power to appoint persons as members of the State House of Assembly Service Commission which they have done by appointing some persons into the commission. Are these not unconstitutional acts by the legislators?

My answer is, no and yes. It is no, to the extent that by combined provisions of sections 4 and 100 of the 1999 Nigerian constitution, as amended, they did not act unconstitutionally. In fact, they should be commended rather than condemned because it is globally, the constitutional duty of the legislature to make laws, not that of the executive arm of government. For too long Nigerians have allowed and encouraged our Presidents and Governors to usurp the constitutional powers of our legislatures thereby making mockery of our democracy. This has nothing to do with just Fubara and Rivers State Legislators. Would we have gotten NDDC today if our patriotically courageous members of the National Assembly did not in year 2000 override President Obasanjo who deliberately refused to assent to the NDDC Bill they also initiated and sponsored? But my answer is yes, the legislators acted unconstitutionally only to the extent that they attempt to arrogate to themselves power to extent the tenures of these incumbent elected chairmen beyond three years that expires in June. Their tenure can only be extended if the President of Nigeria declares that the country is at war and the National Assembly as a result, extends the President’s tenure by six months in first instance. The only right thing about this amended law is that it prohibits Fubara and any governor of Rivers state from appointing caretaker committees or civil servants to administer the local government councils. In fact, it reinforces the provision of section 7 of the Nigerian constitution which states that the system of local government shall be only by democratically elected process just as we have with the federal and state governments. The Supreme Court has repeatedly delivered judgments against Governors who appoint caretaker committees or civil servants to run local government councils. It is gross misconduct and an impeachable Offence!

Regarding the appointment of persons as members of Assembly Service Commission, the legislators got it perfectly right as is the case with the National Assembly Service Commission Act 2014. It is the exclusive preserve of the legislature to manage its affairs which the commission is established to do. It is only a privilege given the President and Governors by the National and State legislators to choose from among the persons nominated only by the legislators, for appointment as members of the Legislative Service Commission. Mind you, privilege is not a right. It can be withdrawn at any time.

Finally, we want your reaction to the damning revelation by Fubara that Wike diverted N15 monthly from the state IGR

He was the State’s Accountant General under Wike. If it is true, he should give you details of how these funds were allegedly diverted and to where and for what purpose. What step did he take to stop it? Were the funds deployed for the elections that eventually made him a Governor? I don’t know.