PDP: There’s No Remedy for Embattled 25 Rivers Lawmakers
•Declares Abuja intervention false hope, impracticable assurances
•We’ll continue to sacrifice for peace, Fubara vows
•Odili pledges support for gov
•Tinubu, others should turn to constitution, Falana advises
•Fubara didn’t sign peace pact with Wike, says Clark
•Onokpasa: President never imposed peace terms on Rivers
Chuks Okocha, Sunday Aborisade in Abuja and Blessing Ibunge in Port Harcourt
The leadership of Peoples Democratic Party (PDP), yesterday, said President Bola Tinubu’s intervention in the Rivers State crisis notwithstanding, there was no remedy for the 25 PDP House of Assembly members, who recently defected to All Progressives Congress (APC).
National Chairman of PDP, Ambassador Illya Damagum, who alluded to the place of the constitution in matters of defection, and insisted that there was no crisis in the party, both at the national and state levels, also said the Abuja intervention raised false hope and gave impracticable assurances.
But the state governor, Siminalayi Fubara, said no amount of sacrifice was too much for peace, and pledged to continue to make sacrifices for peace in the state.
Pro-Chancellor and Chairman of Council, PAMO University of Medical Sciences, Dr. Peter Odili, pledged the institution’s support for Fubara.
However, human rights activist and lawyer, Mr. Femi Falana, SAN, advised the president and other stakeholders in Rivers State to turn to the constitution, because Monday’s intervention by Tinubu was purely advisory and not in sync with the laws of the land.
In a related development, elder statesman and leader of the Ijaw nation, Chief Edwin Clark, said information at his disposal revealed that Fubara did not sign any peace deal with the Minister of the Federal Capital Territory, Nyesom Wike, following the president’s intervention. Clark dismissed any information to the contrary as fake.
Nonetheless, a lawyer, Jesutega Onokpasa, maintained Tinubu did not impose peace terms on parties in the Rivers State crisis, as being insinuated in some quarters.
Twenty-seven PDP state lawmakers had defected to APC on December 11, but two were said to have made a U-turn shortly after the announcement of their exit.
Espousing the PDP position, Damagum insisted, “There is no remedy for the 25 former members of the Rivers State House of Assembly, who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), vacated and lost their seats by reason of defection from the PDP, the party platform upon which they were elected into the House of Assembly.
“Our party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish to return to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022.
“The 25 former Rivers lawmakers freely and without any cause vacated their seats, being fully aware of the consequences of defection from the party upon which they were elected into the Rivers State House of Assembly, without the conditions stipulated by the 1999 Constitution.”
The PDP national chairman stressed, “For the avoidance of doubt, there is no division in the PDP at the national or any other level for that matter to justify the defection of the 25 former members of the Rivers State House of Assembly from the party.
“They, therefore, vacated their seats for reasons best known to them and cannot return to the House of Assembly without passing through a fresh electoral process in accordance with the provisions of the 1999 Constitution (as amended) and the Electoral Act, 2022.”
Damagum said, “The Speaker of the Rivers State House of Assembly, Rt. Hon. Ehie O. Edison, officially declared the seats of the defected, now former, members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended).
“The Rivers State House of Assembly, having become Functus Officio on the matter cannot re-admit the former lawmakers unless through the channel of a fresh election.
“Our party, therefore, counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission (INEC) can be stopped from conducting fresh election into the 25 Rivers State constituencies, where vacancies have occurred by reason of their defection.
“For emphasis, Section 84 (15) of the Electoral Act, 2022, is clear in providing that no courts have powers to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency.
“For clarity, Section 84 (15) of the Electoral Act, 2022, provides that, ‘Nothing in this section shall empower the courts to stop the holding of primaries or general election under this Act pending the determination of the suit.’
“The PDP demands that INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh election into the 25 state constituencies in Rivers State, where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court.
“The national leadership of the PDP charges all members of our great party in Rivers State to remain united and resolute in the defence of constitutional democracy and rule of law in Rivers State.”
While fielding questions during the press conference, Damagum said Fubara would not need the party’s permission to attend a meeting summoned by the president. Therefore, Damagum said, he could not say categorically whether the governor signed the eight points of understanding between him and Wike.
He said at the right time, PDP would sanction all those that worked against the party.
According to Damagum, “It is not only Wike, there are other people that worked against party. At the appropriate time, they will be sanctioned. I’m in the party to stabilise the party. I am here to build the party.
“My duty is to stabilise this party and not to cause crisis. And I will continue to do that within the confines of reason.
“When things go out of hand, we will act. But meanwhile, we still see it within the ambit of the law. Mind you, we have other litigations going on at this party; we won’t want to plunge our party into another crisis.
“And let me tell you something; It is not only Wike, there are other people, who worked against this party. When we get to that level, we will sanction everybody. If Wike believes he is above this party, we will be able to show him that he is not above this party.
“One thing I am conscious about is that there was never a time he said he is not a member of this party. The same members of this party that believe he has done something wrong have also done something wrong to the party.”
Another chieftain of PDP and member of the party’s National Executive Committee (NEC), Abdullahi Musa Adamu, described the Abuja peace accord as peace of the graveyard.
Adamu said the peace terms were one-sided because the defecting 27 lawmakers were not asked to maintain the status quo, thereby returning to PDP. He said to direct the governor to resubmit the names of the state commissioners would bring the issue of loyalty because the returning commissioners’ loyalty was to the FCT minister.
Adamu stated, “We are happy that the president intervened. But to some of us in the PDP, it is not a holistic peace. It is a peace of the graveyard. It is to give the APC chance to buy time.
“Who is fooling who? Everyone knows that the game is over for the defecting PDP lawmakers to the APC. There is no crisis in our party. And plans to purchase court orders to upturn the court order from Rivers State has been exposed.”
Speaking, too, Bashorun Dele Momodu said Tinubu could not be the headmaster of state and federal governments, adding that his intervention in the crisis is legally absurd.
Reacting on Instagram, Momodu wrote, “The directives to Rivers State by a federal president is really absurd in legal terms. No president can be a headmaster of both state and federal.
“What manner of democracy are we practising that allows a president to intervene in the internal affairs of opposition parties and overrules the constitution unchallenged, and our politicians comply as if they are in a slave camp.
“Opposition parties must vehemently oppose this brazen attempt at forcing a one-party dictatorship on Nigeria.”
Fubara: We’ll Continue to Sacrifice for Peace
Fubara said no amount of sacrifice was too much for peace, and pledged to continue to make sacrifices for the state. An obviously emotional Fubara stated this yesterday while speaking at the third convocation and sixth Founder’s Day ceremony of PAMO University of Medical Sciences, held at Elelenwo town, Obio-Akpor Local Government Area.
The governor confirmed returning from Abuja, where he had gone to attend a peace meeting brokered by Tinubu on the political crisis in Rivers State.
He disclosed that he had gone through the most stressful moments of his life in the past weeks.
Fubara urged the 89 medical graduates of the institution to be good ambassadors of the university always, no matter the situation they might face in the society.
He thanked the people of the state for their prayers and support during the period of the crisis, assuring them that if he remains in the office, he would not fail Rivers people.
Fubara thanked Odili for being a political father to him and other politicians in the state, expressing surprise that after the meeting in Abuja, Odili was still strong to organise the event.
The governor said, “First, let me thank the Board of Trustees and Governing Council for this kind of invitation, it means a lot to me, especially, at this particular period of my life, where as a state government I am the governor.”
Odili, who noted the challenges that Fubara had faced recently, said governance was not an easy business, and that the school would continue to pray for his success in government.
The former governor said, “To our special visitor, who has been battling with governance, governance is not an easy business, and those of you who have had a little taste of it will confirm that it is not come and eat.
“But the governor has hit the ground running. Because our people said a good dance begins with the first step. Mr. Governor, your first steps are correct. And there is no doubt that you will dance well. PAMO University will stand with you in prayers to dance well, my governor.”
Odili thanked Fubara for the support the state government had given to the institution since its inception. He stated that with the government’s annual scholarship for the less-privileged, indigent students had acquired quality medical education in the university.
Falana: Tinubu, Others Should Turn to Constitution
Falana advised Tinubu and other critical stakeholders to turn to the constitution for proper settlement in the Rivers crisis.
Falana said last Monday’s intervention by the president was purely advisory and in line with the constitution of the country.
He stated, “Whilst the President of the Republic may intervene in the crises rocking the states, his intervention must always be grounded in the provisions of the constitution.
“I agree with former Governor Tunde Fashola, SAN, who has said President Tinubu has no constitutional role to resolve the political crisis in Ondo and Rivers states. Therefore, the intervention of the president in both cases is purely advisory.
“With respect, the presidential reinstatement of the 25 cross carpeting members of the Rivers State House of Assembly by the presidency is alien to the constitution in every material particular.
“The seats of the cross-carpeting members have been declared vacant by the Speaker known to law. To that extent, the Independent National Electoral Commission is mandatorily required to conduct the by-election once the ex parte order issued by the Federal High Court last Friday is quashed.
“In the case of Abegunde vs Labour Party (2015) LPELR 24588 (SC), the Supreme held that a legislator, who abandoned the political party that sponsored him and decamped to another political party has automatically lost seat in the parliament.
“However, the cross-carpeting legislator can only retain his seat if he can prove that the political party that sponsored him is divided into two or more factions.
“The 25 members of the Rivers State House of Assembly, who decamped from the PDP to APC, have lost their seats because the PDP that sponsored them is not fractionalised or divided as stipulated by the constitution.
“Even if all the cases in the Rivers State High Court and the Federal High Court are withdrawn in line with the advice of the president, it is submitted that all actions taken by the Speaker recognised by the Rivers State High Court, remain valid, including his pronouncement on the vacant seats of the 25 cross carpeting members of the house.
“In other words, only a court of law is constitutionally competent to set aside the pronouncement of the Speaker, which is anchored on section 109 of the constitution. Furthermore, as the Speaker has not been removed by the required number of legislators, a presidential directive cannot remove him.
“It is also necessary to point out that until a by-election is conducted by the Independent National Electoral Commission to fill the 25 vacant seats, the remaining members of the house are competent to conduct legislative business, except the impeachment of the governor, which can only be carried out by the two-thirds of the entire members of the House of Assembly.
“In view of the foregoing, the president and all the parties involved in finding political solutions to the crisis in Rivers State are advised to turn to the constitution for guidance without any further delay.”
Clark: Fubara Didn’t Sign Peace Pact with Wike
Elder statesman, Chief Edwin Clark, said Fubara of Rivers State did not sign any peace pact with Wike, saying any report to the contrary is fake. The First Republic Minister of Information stated this while addressing journalists in his Abuja home.
He said stakeholders in the state, including former governors and leaders of the ethnic nationalities and religious groups, had confirmed to him that Fubara did not sign any pact.
Clark said, “I have got information from Rivers State that the eight-point decision was fake because it was not signed by former Governor Peter Odili and Fubara himself. They rejected it. How they came into signing it, nobody knows.
“This will be investigated by us. But just now I am appealing on behalf of our people that our dear son, Governor Fubara, to stand firm, that the president of Nigeria has no authority over him.
“The president was elected; he, too, was elected with various powers. The president is to rule over Nigeria while Fubara is to rule over Rivers State.
“This had been dealt with in several cases, particularly, between Tinubu, as governor of Lagos State, and former President Olusegun Obasanjo. Why has he now changed? Tinubu should respect the constitution under which he swore an oath.
“We still love him, we still believe in his leadership as President of Nigeria and Commander-in-Chief of the Armed Forces, but as citizens of this country, we have a right to reject any of his obnoxious directives.
“We will advise Governor Fubara to disown the purported agreement. He should speak out to Nigerians that he did not sign that agreement. He is not owing anybody any obligation.
“Wike was an emperor, a dictator for eight years in Rivers State. He destroyed houses belonging to his opponents.”
Clark, however, commended Tinubu for heeding the various calls to mediate in the crisis.
‘Tinubu Never Imposed Peace Terms’
A lawyer, Jesutega Onokpasa, stated that the peace resolutions reached on Monday in Abuja by parties in the political crisis in Rivers State was not imposed by Tinubu.
Onokpasa said, “Our president did not impose anything on the parties, as is being alleged.
“All President Tinubu did was to insist on peace and tranquillity in Rivers State. The president merely insisted that the disputants settle their differences amicably among themselves for the purpose of ensuring good governance for the good people of Rivers State, going forward.
“Whatever resolutions were reached by the parties was reached by them on their own and were not howsoever imposed by the president.”
Onokpasa called Tinubu “a democrat to the core and the chief upholder of constitutionality”.
