THE RIVERS STATE POLITICAL CRISIS: POWER, POLITICS, AND CONSTITUTIONAL CHALLENGES

Uwem Essia

The unfolding political crisis in Nigeria’s oil-rich Rivers State is not just a complex power struggle and constitutional impasse but a pressing issue that demands immediate attention. It pits Governor Siminalayi Fubara against his former ally and mentor, Nyesom Wike, who now serves as the Federal Capital Territory (FCT) Minister. This battle, which erupted soon after Fubara’s inauguration, underscores the delicate nature of political alliances in Nigeria. It also brings to the fore crucial governance issues such as loyalty, Godfatherism, the rule of law, and the boundaries of constitutional power.

Development Projects Amidst Political Strife

It is to Governor Fubara’s credit that despite the political unrest, his administration has embarked on several development initiatives aimed at improving living conditions in Rivers State. Governor Fubara, by all standards, could be ranked as the best-performing South-South geopolitical region’s Governor judging by the ambitious projects he is executing. However, these projects have struggled to gain public attention as the political crisis has essentially frozen the legislative process. Key projects include:

1. Infrastructure Expansion: Construction of new roads connecting isolated communities aimed at easing transportation and fostering economic integration.
2. Healthcare Initiatives: Building modern healthcare facilities to address longstanding health service gaps in rural and urban areas.
3. Economic Empowerment Programs: Initiatives designed to support local businesses and reduce unemployment through skill-building and micro-finance support.
4. Urban Renewal Projects: Efforts in major cities like Port Harcourt aim to revitalize urban spaces, improve public facilities, and stimulate local economies.

Despite these advancements, the political crisis has overshadowed these achievements, halting much-needed progress as the state’s legislative and executive branches remain at odds.

Escalating Constitutional Crisis

The conflict intensified as a series of major constitutional issues emerged, calling into question the legality and integrity of governmental actions within the state. These events have had profound implications:

1. The Assembly Complex Incident: The Rivers State House of Assembly complex was allegedly set ablaze by supporters of Governor Fubara. This incident forced lawmakers to relocate sessions to the Government House, sparking concerns over:
2. Relocation of Legislative Functions: An Executive Order mandated the Government House as the temporary assembly venue, raising legal questions regarding the separation of powers and the proper location for legislative sessions.
3. Constitutional Debate: Legislators, legal experts, and political observers have questioned whether legislative actions taken outside the designated complex hold legal weight.

Defection Drama

1. A group of 24 lawmakers, including Speaker Martin Amaewhule, allegedly defected from the People’s Democratic Party (PDP) to the All-Progressives Congress (APC). However, legally, no court has established that a defection known to the law took place.
2. Governor Fubara’s camp sought relief from the State High Court to maintain control, raising jurisdictional questions about whether state or federal courts have authority over legislative membership issues, particularly in cases of defection. An appeal court has established that the state high court lacks the jurisdiction to determine cases of defection by the SHA members.  

Federal Mediation Attempts

President Bola Tinubu intervened in an attempt to mediate, proposing a peace agreement aimed at easing tensions between the warring factions. However, the agreement has faced implementation challenges, and Governor Fubara’s interpretation of the agreement as more political than constitutional has led to disputes over the extent and enforceability of the terms. It may be interpreted as an attempt to minimize the authority of President Tinubu.

Legal Battles with Wide-Ranging Implications

The crisis has unfolded against a backdrop of legal challenges that could have lasting effects on the governance of Rivers State and the country at large:

1. The Central Bank Ruling: A Federal High Court in Abuja ruled that the Central Bank of Nigeria (CBN) must withhold allocations to Rivers State until a valid appropriation act is passed by a legitimate assembly, casting uncertainty over the state’s funding.
2. It follows that the legitimacy of the current divided House of Assembly must be resolved, with implications for all financial and legislative decisions made by the 4-man factional assembly.

Supreme Court Constitutional Queries

The Supreme Court is expected to rule on the legality of laws passed by the minority faction loyal to Governor Fubara. Additional questions surround the legitimacy of the seats held by the alleged defected lawmakers, particularly in light of Section 109(1)(g) of the Constitution, which governs the legality of defections and the obligations of elected officials.

Political Realignment

The crisis has resulted in significant political shifts, reshaping the alliances and loyalties within Rivers State:

1. Governor Fubara’s Alliance with APP: Fubara’s decision to align with the Action People’s Party (APP) for the local government elections reflects a strategic shift and a move away from the influence of PDP. It leaves much to be desired as to how the APP was able to win elections in nearly all the LGs.
2. Wike’s Consolidation of Power: As Fubara diverges and is perceived as the aggressor by the mainstream politicians, Wike is reinforcing his bloc, securing support from influential political figures, and strengthening his base within Rivers State and taking advantage of Fubara’s poorly thought-through strategies.

Reconciliation Efforts

Multiple reconciliation efforts have been attempted, highlighting the national interest in resolving the crisis:

1. PANDEF Initiative: A committee led by former Akwa Ibom Governor Obong Victor Attah, with input from prominent leaders in the Niger Delta, was established to mediate. PANDEF seeks to restore dialogue between the factions, emphasizing regional stability and unity.
2. Presidential Peace Agreement: President Tinubu introduced an eight-point plan aimed at restoring harmony in the state. However, implementation has been challenging as Governor Fubara and his supporters contest certain provisions, arguing that they infringe on state autonomy.

Strategic Missteps by Governor Fubara

Governor Fubara’s handling of the crisis has exposed several strategic weaknesses, which have complicated efforts to resolve:

1. Lack of Broad-Based Alliances: Fubara has not cultivated sufficient support among strong political groups, which has left his administration vulnerable to opposition pressure.
2. Judiciary Tensions: Fubara’s aggressive stance toward judicial rulings especially from federal courts may have alienated potential allies and complicated his legal standing.
3. Resistance to Presidential Intervention: By dismissing presidential mediation efforts as being merely political, Fubara risks isolating his political strategy from federal support. This can be suicidal given the enormous political influence of the presidency.
4. Eviction of Legislators: The forced removal of legislators from their quarters has escalated hostilities and further polarized the political landscape. Fubara could have “stooped to conquer” by doing everything possible to win over more legislators instead of alienating them.
5. Many analysts are of the view that Fubara is “biting the finger that fed him”, which has made it difficult for serious politicians to trust him.
6. Fubara started the fight with Wike too early without giving himself enough time to learn the intricacies and contours of Nigeria’s politics.

Anticipated Supreme Court Decisions

The Supreme Court’s decision will likely set a precedent for future political crises in Nigeria. Potential outcomes include:

1. Validation or Nullification of Assembly Actions: The court may either uphold or nullify the legislative acts passed by the Fubara faction, a ruling with implications for governance and the legislative process.
2. Legitimacy of Defections: A ruling on the legality of the lawmakers’ defections will clarify the grounds on which elected officials can switch parties without losing their seats.
3. Broader Constitutional Interpretations: The court may address the crisis holistically, defining the limits of executive and legislative powers within state governance.

Recommendations for Lasting Resolution

For sustainable peace and stability in Rivers State, all parties involved must take specific steps:

1. Governor Fubara’s Role: Commit to genuine reconciliation by engaging in dialogue with opponents and former allies. Respect established political structures to build trust among stakeholders. Operate strictly within constitutional boundaries to avoid further legal disputes.
2. It is in Governor Fubara’s interest to seek peace now before the Supreme Court delivers its ruling because, head or tail he will still have to work with Nyesom Wike and his allies and President Tinubu.
3. Collective Action: All parties should place the state’s welfare above personal ambitions, focusing on economic development and governance. Uphold judicial decisions to strengthen the rule of law. Respect the terms of presidential intervention and work collaboratively toward a peaceful solution.

Conclusion

The Rivers State crisis exemplifies the complexities of political transition and governance within Nigeria’s democratic framework. The impending Supreme Court ruling could set critical precedents for managing similar conflicts. However, lasting peace in Rivers State will require a genuine commitment to reconciliation, with all stakeholders actively contributing to a unified approach to governance and development.