The decision of Peoples Democratic Party (PDP) governors to drag President Bola Tinubu and the National Assembly to the Supreme Court over the suspension of Governor Sim Fubara of Rivers State has reignited the debate on Nigeria’s federalism.
The governors are challenging the six-month suspension slammed on Fubara, his deputy, Mrs Ngozi Odu, and members of Rivers State House of Assembly which they deem unconstitutional.
They are challenging the legality of the suspension of the elected governor, his deputy, the House of Assembly and the appointment of a Sole Administrator for the oil rich state.
According to court documents, the governors are seeking for, among other things, a declaration that the President’s actions violate Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended).
They further argue that the Constitutional provision relied upon by the President to act does not confer on him the powers he exercised.
They are urging the Supreme Court to declare the suspension unlawful and reinstate Fubara while asking the court to restrain the President from attempting the suspension of any other governor of any state in Nigeria, particularly the plaintiffs and any governor not belonging to the ruling political party, or in any manner whatsoever attempting to interfere with or undermine their constitutional and statutory duties.
They also want the court to nullify the appointment of the Sole Administrator.
More so, the PDP governors contend that Tinubu’s proclamation failed to meet stipulated conditions and procedures for such a declaration, adding that it was made for reasons beyond those specified in the Constitution.
It is equally their argument that the National Assembly’s approval of the state of emergency via a voice vote, was invalid, stressing that the Constitution made it mandatory that two-third majority vote of members of each of legislative chambers must be secured.
Consequently, they, among other things, prayed the Supreme Court for: “An order of this honourable court nullifying the proclamation of a state of emergency in Rivers State made by the 1st defendant and wrongfully approved by the 2nd defendant.
“An order of this honourable court restraining the defendant, by himself, servants, agents and privies, from implementing the unlawful suspension of the governor and deputy governor of Rivers State.
“An order of this honourable court restraining the defendant, by himself, servants, agents and privies from interfering in any manner whatsoever with the execution by the governor and deputy governor of Rivers State of their constitutional and statutory duties, as well as their electoral mandate.
“An order of this honourable court restraining the defendant from attempting the suspension of any other governor of any state in Nigeria, particularly the plaintiffs and any governor not belonging to the ruling political party, or in any manner whatsoever attempting to interfere with or undermine their constitutional and statutory duties”.
Power struggle
The PDP governors’ move highlights the ongoing power struggle between the ruling party at the federal level, All Progressives Congress (APC), and the opposition.
Recall that in its manifesto, the APC had listed the pursuit of true federalism with the devolution of powers to the states/ federating units as central goal.
The party took it a step further when, under the Buhari administration, it set up a Committee on True Federalism headed by then-Kaduna State Governor, Mallam Nasir El-Rufai.
In its final report, the committee proposed significant changes to the power dynamics between states and the Federal Government.
On the issue of Devolution of Powers, it recommended amending the Constitution to devolve power from the Federal Government to the states, allowing for greater autonomy and decision-making at the state level.
It identified areas such as policing, resource control, as well as onshore and offshore dichotomy which it recommended states should be allowed to enjoy a greater stake.
The proposal has remained unattended to.
Power grab
National Secretary of the Coalition of United Political Parties (CUPP), Chief Peter Ameh, while contributing to the debate, said unless these issues are dealt with expeditiously, “the unfortunate and avoidable Rivers power grab situation will repeat itself elsewhere.”
According to him, much as enablers of the Tinubu administration would want to deny it, the bottom line of the Rivers state of emergency is the issue of the states resources and its distribution.
Ameh said, “It is pertinent that we all must start to reflect on the state of our nation, it has become increasingly clear that the over-concentration of power at the federal level is a major impediment to effective governance in Nigeria.
“The state of emergency declared in Rivers State has only served to highlight the need for decentralization and power devolution.
“In a true federal system, power is shared between the central government and federating units.
“However, the Nigerian experience has been characterized by inefficiencies and poor governance due to the centralized system.
“One of the primary arguments in favor of power devolution is the need to improve access and coordination.
“By decentralizing power to states and local governments, decision-making becomes more localized, allowing for quicker responses to unique challenges and more effective allocation of resources.
“This is particularly important in a country as diverse as Nigeria, where a one-size-fits-all approach often fails to address the specific needs of different regions.”
He noted that policing and resource control in favour of the federating units will reduce tension and set the nation on the path of
growth.
Monetised system
Speaking in a similar vein, Executive Director of the Civil Society Legislative and Advocacy Centre (CISLAC), Awual Musa, said while the devolution of power to the states is desirable and the way to go, he expressed the view that Nigerians can only wish for it because it cannot happen under the current administration.
He said, “Unfortunately, there is nothing that can happen in the ongoing constitutional amendment outside of what President Bola Tinubu wants because he has already captured the National Assembly.
“Nigerians are aware that the whole system is now so monetized that not much is being expected from this National Assembly.
“The safe thing to do if we are serious is to dust up the 2014 National Conference report. “That conference had elder statesmen whose allegiance was to Nigeria and not a political party.
“Implementing its recommendation will be a good beginning.”
Meeting
National Publicity Secretary of the Labour Party (LP), Obiora Ifoh, said, “As a party we will meet with our lawmakers and other stakeholders to rub minds and take a position.
“On a general note, the declaration of a state of emergency and the suspension of the Rivers State governor, not by his state House of Assembly but by the president, is sufficient grounds for us to re-assess the provisions of our laws and make adjustments where necessary.” (Vanguard)
