Why FG’ll release Rivers allocations to Administrator – Fagbemi

Barely twenty-four hours after the declaration of the state of emergency in Rivers state, the federal government Wednesday said it will release the state’s allocation to the administrator, Vice Admiral Ibok Ibas (retd), a former Chief of Naval Staff.

It also said the intervention by President Bola Ahmed Tinubu was timely and meant to avert an implosion in the state.

And in all of this, the government also absolved a former governor of the state and Minister of the Federal Capital Territory, Nyesom Wike, saying he has no role in the political crisis that culminated in the declaration of a state of emergency.

Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, made the clarifications while briefing State House correspondents at the Presidential Villa Abuja.

…The declaration

Following a protracted political crisis in the state, President Tinubu, Tuesday, declared a state of emergency, suspending the Governor Siminalayi Fubara-led executive and the state legislature for six months in the first instance.

He hinged his decision on prolonged political instability, constitutional breaches, and security threats, which he said, demanded an extraordinary measure.

…Fagbemi defends action

Responding to reporters’ questions, Fagbemi said: “And to me, it will be in order for the release of that fund because the event of the extraordinary situation has brought them out of the normal situation of things.”

On the declaration, the AGF said: “We have about two years into the administration in the state.

“Now, when do you think he (President Tinubu) should have come in? Is it when everything has been destroyed? I don’t think so.

“I think the President has acted timeously. He has given the opportunity to all the parties involved, to make amends. Before then, he had to assemble them, he had tried to mediate.”

…Ibas sets agenda  

In a related development, the administrator, retired Vice Admiral  Ibas has assured all stakeholders of his plan to maintain law and order in the state.

He made the pledge Wednesday in Abuja while speaking to State House Correspondents after he was sworn in by President Tinubu.

The veent was witnessed by AGF Fagbemi, Chief of Staff to the President  Femi Gbajabiamila and a couple of other presidential aides.

Addressing reporters, Ibas said: “First of all, I think we know the circumstances that led to where we are here, and Mr. President made it very clear in his broadcast that the main issue is that of maintaining law and order in the state.

“I think for any meaningful activities to take place in River State, that is the utmost task.

“I have to work together with all other stakeholders to ensure that we bring peace, order, and security and stability to the people and government of River State and Nigeria at large.”

Senate postpones consideration to Thursday p

Meanwhile, the Senate Wednesday postponed consideration and approval of the political development to Thursday for lack of consensus among members and required 73 out of 109 lawmakers.

The red chamber had before its plenary, listed Proclamation of State of Emergency in Rivers state as first item on its Oder Paper.

But after several hours of delay in starting the plenary which eventually began at exactly 1:05pm, the Senate first stood down the item for consideration of others.

Leader of the Senate  Opeyemi Bamidele who sought indulgence of other senators to step down consideration for the president’s proclamation in favour of other items, proposed 3:00pm for its consideration and possible approval which was voted for, affirmatively by senators when put to voice votes by the President of the Senate, Godswill Akpabio.

However, the Senate that fixed 3:00pm for consideration and possible approval of the State of Emergency, didn’t utter a word on the issue when it hurriedly adjourned by 2:45pm. 

The leader of the Senate who moved the motion for the adjournment, merely requested for other items on the Order Paper to be stood down for the next legislative date, which was seconded by the minority leader, Senator Abba Moro (Benue South).

Findings made from other senators by our reporter, revealed that lack of consensus among senators on ratification of the proclamation and required 73 out of 109 to vote for such approval made the Senate to step it down.

One of the sources, said: “Efforts made by the Senate Leadership to get the required 73 Senators for approval of the presidential proclamation, proved abortive as sizeable number of senators were not happy with the proclamation aside lack of quorum in terms of 73 Senators to vote for it.”

The source, however, added that through the ongoing lobby, many senators would  vote for approval of the proclamation, Thursday.

 …Labour seeks reversal 

However, mixed reactions have continued to greet the declaration as the organised labour called  for a reversal.  

In a joint statement Wednesday, the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) said the president’s action “blatantly violates the provisions of Part II, Section 305 of the 1999 Constitution (as amended) and constitutes an overreach of executive power.”

The statement, signed by  the duo of NLC President Comrade Joe Ajearo and his TUC counterpart, Comrade Festus Osifo, said: “The purported suspension or removal of the Governor, Deputy Governor, and the State House of Assembly is not only unlawful but a direct assault on democracy. 

“It sets a dangerous precedent, eroding constitutional governance and threatening the autonomy of subnational governments. 

“No democratic society can thrive where elected leaders are arbitrarily removed at the whims of the President. This reckless move should deeply concern every reasonable governor and citizen who believes in the rule of law.

 “We, therefore, call on Mr. President to revoke this unconstitutional declaration in compliance with Section 305(6) of the Constitution, which clearly outlines the legal process for declaring and sustaining a state of emergency.”

“The President, as the custodian of the nation’s executive powers, must exercise restraint, respect constitutional limits, and act in a manner that inspires national confidence rather than suspicion. 

“Anydecision that jeopardizes national security, economic stability, and democratic governance must be reconsidered.

“Nigeria has suffered the painful consequences of political overreach in the past, and we cannot afford to repeat such mistakes.”

“Beyond the political and legal implications, this unjustified state of emergency will have severe socio-economic repercussions on workers and the masses. It will: Disrupt economic activities, forcing businesses to shut down or scale back operations;

“Lead to job losses, wage cuts, and economic hardship for thousands of workers in both the formal and informal sectors;

“Create an atmosphere of uncertainty, discouraging investment and slowing economic growth in Rivers State and beyond;

“Expose citizens to security risks, as history has shown that politically motivated states of emergency often escalate rather than resolve crises.

“Accordingly, the  Labour movement will not remain silent while the livelihoods of workers and the well-being of ordinary Nigerians are threatened by political machinations.

“Given his storied background in political struggle, we urge Mr. President not to betray his democratic credentials by engaging in actions reminiscent of military-era authoritarianism.

“Leadership demands wisdom, restraint, and an unwavering commitment to democratic principles.

“We demand the immediate reversal of this unconstitutional state of emergency in the interest of democracy, economic stability, and the welfare of Nigerian workers. Nigeria’s democracy must not be sacrificed on the altar of political expediency,” they added.

…BAT lawyers 

In a counter however, a legal advocacy group, Bola Ahmed Tinubu (BAT) Lawyers, has defended the development, describing it as a “constitutional, courageous, and good leadership decision.”

National convener of the group, Mrs. Abibat Bankole-Apena, said the president acted within the confines of the law, citing Section 305 of the 1999 Constitution (as amended), which empowers the president to declare a state of emergency in situations of “actual breakdown of public order and public safety” or “clear and present danger” that threatens national security.

The BAT Lawyers said “no responsible President of a sovereign Nation will cross legs and allow government properties to be destroyed deliberately causing economic sabotage to a country that is just wriggling out of inflation, without taking firm steps to nip further disastrous actions in the bud.”

The legal group further cited past precedents, recalling that former presidents Olusegun Obasanjo and Goodluck Jonathan had declared similar emergency measures in Plateau (2004), Ekiti (2006), and Borno, Yobe, and Adamawa States (2013).

These instances, they argued, reaffirm the constitutionality of Tinubu’s action.

Also speaking, the national secretary of the group, Femi Ishola, dismissed criticisms from political analysts and social media commentators questioning the legality of the president’s decision.

“The declaration was a courageous, impartial and ingenious move by President Tinubu to protect national and State Assets, to force all warring parties to sheath their swords, to restore law and order and ensure a peaceful Rivers State to the benefit of the Rivers people and Nigerians at large.

”We firmly posit, that pursuant to the failed several mediation measures employed by the President in recent past, in order to resolve the prolonged political crisis in Rivers State, the flagrant disregard for the Supreme Court Judgment by Governor Fubara, the political precedence of declaration of state of emergency, the threats and actualisation of threats carried out by Niger Delta Militant Group in Rivers State, and the satisfaction of the constitutional provision required to declare a state of emergency, His Excellency, President Bola Ahmed Tinubu GCFR has acted within the bounds of the Law.

“The declaration was a courageous, fair and ingenious move by President Tinubu to protect national and State Assets, to force all warring parties to sheath their swords, to restore law and order and ensure a peaceful Rivers State to the benefit of the Rivers people and Nigerians at large,” the group further said.

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About Abdullahi M. Gulloma, Taiye Odewal, Moses John, Abuja and Oguntade Ismaila, Lagos

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