It appears the political crisis between immediate past and sitting governors of Rivers State, Federal Capital Territory (FCT) Minister, Nyesom Wike and Governor Siminalayi Fubara and their loyalists has been resolved, at least for now.
Nonetheless, the Peoples Democratic Party (PDP) insists that the 25 members who left for the All Progressives Congress (APC) remain out of the State House of Assembly and the party. It is insisting elections have to be held to replace the state lawmakers by the Independent National Electoral Commission (INEC).
The peace meeting on Rivers brokered by the Presidency for fear it could spiral out of control, was hosted by President Bola Ahmed Tinubu, and attended by National Security Adviser, Mr. Nuhu Ribadu, and former Governor Peter Odili, among others, at the Presidential Villa, resolved that all impeachment proceedings initiated against Fubara by the State House of Assembly should be dropped immediately.
Also, the remunerations and benefits of all members of the Rivers State House of Assembly and Staff must be reinstated immediately.
Fubara and his supporters are to withdraw court proccedings initiated from their end, while he shall cease to interfere with the full funding of the State Assembly.
In addition, the leadership of the Rivers Assembly led by Martin Amaewhule shall be recognised alongside 27 members who resigned from the Peoples Democratic Party (PDP).
But the Peoples Democratic Party (PDP) has rebuffed the APC-led government moves, counselling through its national chairman in Abuja on Tuesday, 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.”
He adds, “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.”
Other resolutions in the meeting brokered by the Presidency include that the State House of Assembly will choose where they want to sit and conduct their legislative business without interference or hindrance from the Executive arm of government.
It was also resolved that the Rivers Governor shall re-present the state 2024 budget to a properly constituted Rivers State House of Assembly and the names of all the commissioners who resigned their appointments because of the political crisis in the state should be resubmitted to the House of Assembly for approval.
Another resolution states that there should not be a caretaker committee for the local governments councils in the state and the dissolution of the Local Government administration is null and void and shall not be recognized.
But Ambassador Umar Damagum, the PDP acting chairman, and his party appear unimpressed by the ongoing rapprochement in the state, orchestrated by the Presidency.
Damagum asserts that 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.
“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.
“Moreover, the Speaker of the Rivers State House of Assembly Rt. Hon (Barr) Ehie O. Edison… officially declared the seat 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.
The PDP charged its members in Rivers State to remain united and resolute in defending of Constitutional democracy and Rule of Law in Rivers State.
