The Presidency, on Wednesday, to justify its action and the need to secure the National Assembly approval, accused Governor Siminalayi Fubara of allegedly teleguiding, or failing to stop or condemn militants, who blew up pipelines in the state.
Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), who made the allegation however warned other states not to dare the federal government.
Also, on Wednesday, the Senate and the House of Representatives, failed to consider the request of President Bola Tinubu, seeking its approval for a six-month state of emergency declaration on Rivers State as the Red Chamber could not meet the 2/3rd threshold required to pass the Emergency Declaration ratification.
They required two-thirds of all members to vote in support of the president’s action.
The matter was slated for deliberation on the order paper but had to be shifted till 3pm at the Senate when it was obvious that the number of senators on the attendance register wasn’t enough to pass the very important legislation.
The motion was later stepped down till today when the figure recorded in the morning till 3pm did not change, even as some of the senators who had gone for Umrah in view of Ramadan, have been asked to return home.
Unfortunately, the simmering tension in the senate over the emergency declaration in Rivers is believed to be directly connected to the instructions that governors, who are standing in solidarity with their Rivers colleague had handed their senators.This, nonetheless, the Civil Society Legislative Advocacy Centre (CISLAC), has called on the National Assembly to reject any move to impose a state of emergency in Rivers State, warning that such an action would be unconstitutional, politically motivated, and an abuse of executive power.
Fagbemi, at the briefing, said if the governor was not culpable, he also did not do anything to dissuade the militants from taking the action against the critical national infrastructure.
Fagbemi, who spoke with newsmen after meeting with President Tinubu at the State House, Abuja, said, “We are in a democracy. So know then, there were what I will call teleguiding of the militants, I will say, by the governor.
“And the reason I said so was when he beckon to them that, oh, he will let them know when it was time to act to the militant, let us say it was wrong. Did he come out to disown them? The answer is no. And a week after, they swung into action, you see or witness vandalisation of oil pipelines.
“Don’t also forget that before now, that is when this government came into office. Nigeria was producing about 900,000 barrels of oil a day with the efforts and all the ingenuity that the President had he ensured that the production rose to about 1.5million barrels per day. That was a great percentage of increase.
“In today, Nigeria, maybe with the efforts of Mr President, Agric will come in. But as at today, we still rely largely on oil for anyone to touch these pipelines is not only the enemy of Rivers, he is the enemy of Nigeria.
“All Nigerians, all the 36 states share in what comes in from the production of this oil. And I believe that the decision of Mr President is anchored on the decision of the court, Supreme Court.”
The Justice Minister also accused the governor and the House of Assembly of failing to resolve the political crises facing the state.
“The second one is the inability of those involved, both the House of Assembly and the governor, from being able to create an enabling environment for the people of Rivers to enjoy the dividends of democracy.
“Then the third in the series is about the security situation in that place. You know, if the President had waited maybe a day longer, only God knows what would have followed.
“And as a result of that, he came out to say, I am not only the head of state, I’m Commander-in-Chief of the Armed Forces, he declared a state of emergency.
“Let us say it was wrong. Did he come out to disown them? The answer is no. And a week after, they swung into action, you see or witness vandalisation of oil pipelines.”
Noting that Nigeria was almost totally relying on oil, he said for anyone to touch the pipeline, he was not only an enemy of Rivers but Nigeria.
He said the judgment of the Supreme Court was the basis upon which Tinubu imposed the state of emergency in Rivers State to protect the critical infrastructure in the state.
The AGF observed that the governor and the members of the state house of assembly had to be suspended because they had failed to ensure a conducive atmosphere for governance in the state.
He faulted criticisms that the president’s action was hasty, noting that people were living in fear while others were dying.
According to him, both the governor and his deputy were suspended because it was an extraordinary situation.
He faulted the argument in some quarters that the Supreme Court in previous judgement on the declaration of State of emergency in states, stressing that situations and events were different.
Fagbemi said the ball was now in the court of the National Assembly whom he said could reverse the suspensions by denying it the two-thirds majority to ratify the action.
He also said the declaration of state of emergency in Rivers State was a warning signal to other states, giving the impression that the government would invoke stricter sanctions.
His words: “The second one is about removing the governor, removing the deputy governor. You see, you decide each case on its own peculiar facts and circumstances. Who are the people involved? Who are the parties involved in this saga?
“They are the governor, members of the House of Assembly. So, who else should have been affected? I’ve heard this funny argument. I’m sorry for saying it. It’s funny because it doesn’t make any sense to me.
“Oh, that the president should have just gone there to secure the pipelines and then come back when some people are there encouraging vandals to come in.
“The action of the president is like, you know what happened is the effect of a fundamental cause, and you cannot be treating the effect in order to cure the cause. What was the cause? The governor and members of the House of Assembly.
“So you have to behave responsibly, and you must have the gut. If it happens again, I will encourage Mr President to do the same, maybe this time with even greater vigour and vitality.
“So the question of separating or treating or giving preferential treatment to anybody does not arise. You give preferential treatment to anybody. You are giving preferential treatment to illegality. Just call a spade a spade.
“This is where I believe that we should put up our patriotism cap. It shouldn’t be about individuals. It should not be about anybody. It should be about the entity called Nigeria. But in this case, Rivers State. So it is River State’s turn today.
“It can be any body’s turn tomorrow. Let the signal be clearly signed for those who want to foment trouble, who want to make the practice of democracy and enjoyment of dividends of democracy a mirage, to think twice.
“So I answered the question by saying, I return the resounding no to the quest that the governor and deputy governor should have been spared, or the members of the House of Assembly. They were all in it.”
Consideration for Emergency Rule Suffers Setback as Senators Fail to Form Quorum
The motion titled: “Proclamation of State of Emergency in Rivers State,” sponsored by the Senate Leader, Senator Opeyemi Bamidele (APC – Ekiti Central).
The lead debate which was not taken on Wednesday, read: “The Senate notes with serious concern that Rivers State has been experiencing serious political crises and disturbances which presently constitute grave threats to peace, order, good governance, security and safety to the State and her citizenry.
“Also notes that the state had been at a standstill since the crises started with the good people of Rivers State not being able to enjoy the dividends of democracy
“Observes that the magnitude of the crises had overwhelmed the State Government as parties involved have not allowed good sense to prevail and bring about peace in the State hence Federal Government’s attempt to restore peace, security and good governance. “Worried that there is a clear and present danger of the crises as some militants had threatened fire and brimstone with security report of disturbing incidents of vandalisation of oil pipelines.
“Convinced that there is the need to provide adequate and extraordinary measures to restore good governance, peace, order and security in Rivers State.
“Aware that the President, Commander-In-Chief had published and transmitted copies of the official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate, in accordance with Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
“Concludes that the matter was of serious concern to the Senate and the generality of Nigerians.”
THISDAY gathered that only 68 senators signed the attendance register as of 3pm on Wednesday.
If the figure was added to the 10 members of the leadership, who were exempted from signing the register, the red chamber would have 78 members in attendance.
When it was obvious that it was not possible to get two-third (73 members) who would vote in support of the presidential proclamation, the Senate stepped down further consideration of the motion.
Further checks revealed that many senators who had travelled outside the country for the Umrah had been contacted to return home immediately to participate in the voting so that the red chamber could achieve the two-thirds requirements to approve the proclamation.
It was also learnt that some senators have received calls from their governors to reject the proclamation so as not to s we’ve as precedent.
A senator who spoke on conditions of anonymity said, “We have been receiving calls from home.”
“Our governors are not happy with the development. They actually wanted us to reject it. If the Senate should vote today (Wednesday), the Presidential proclamation would die a natural death,” he added.
Meanwhile the Senator representing Ondo South, Jimoh Ibrahim, has expressed confidence that the Senate would approve the proclamation through vote today (Thursday)
Ibrahim, in an interview with journalists, said the motion would be listed on the order paper and deliberated upon.
He said, “On the proclamation, that would be done, first thing tomorrow (Thursday).We will pass information to other members, so members are fasting, they are praying in their homes.
“Tomorrow they will be here, and then by 10 o’clock, we pick it up, we are in tandem with Mr. President. I am in tandem with Mr. President. This is because this bothers on life and security. We don’t joke with life and security. Let me say, the President did not dissolve democratic constitutions.
“The President only suspended for six months, and this six months will enable parties to go to the table, find out their differences, and come, so that there can be peace in River State and by extension Nigeria.”
When contacted, the Senate Spokesperson, Adeyemi Adaramodu, declined comments and said he would speak on the matter after the red chamber had taken a position on it.
CISLAC Urges N’Assembly to Reject Emergency Rule in Rivers
The Civil Society Legislative Advocacy Centre (CISLAC) has called on the National Assembly to reject any move to impose a state of emergency in Rivers State, warning that such an action would be unconstitutional, politically motivated, and an abuse of executive power.
In a statement, Executive Director of CISLAC, Auwal Rafsanjani, accused President Bola Tinubu of taking sides in the ongoing political crisis in Rivers.
CISLAC further alleged that, instead of maintaining neutrality, the president has consistently aligned with the former governor and current Minister of the Federal Capital Territory, Nyesom Wike, enabling him to wield undue influence over the state’s governance.
“The President’s actions have emboldened political godfatherism and undermined democratic governance, allowing a single individual who is no longer in state government to cripple governance in Rivers,” Rafsanjani stated.
CISLAC argued that a state of emergency could only be declared under Section 305 of the 1999 Constitution (as amended) in cases of widespread insecurity, a breakdown of law and order, or a failure of government institutions, none of which apply to the current situation in Rivers State.
Deji Elumoye, Sunday Aborisade and Linus Aleke
