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Wike is not ready for peace in the Rivers crisis, says Clark
***Asks Tinubu to call him to order
The leader and converner of the Pan Niger Delta Forum Chief Edwin Clarck has indicated that the continuous activities of the Minister of the Federal Capital Territory (FCT) and immediate past Governor of Rivers State, Mr. Nyesom Wike, are clear indications that he is not ready for peace in Rivers State.
The former Federal minister of information and senator of the second Republic in a statement he personally signed urged President Tinubu to call Wike to order having disobeyed his 8 point resolution
“It will be recalled that President Bola Ahmed Tinubu, intervened in the crisis when he issued an “8-point pact” to both parties which include:
“That the Governor of Rivers State, Siminalaye Fubara and his allies should withdraw all court cases pertaining to the matter, even though this is against the 1999 Constitution and against popular opinion of Rivers people and indeed Nigerians, His Excellency, Governor Fubara and his associates, including the Speaker recognised by the court, Rt. Hon. Edison Ebie, have complied with this proclamation. “The expectation is that the 26 decamped legislative members who had filed cases in court, would have also done same. But they refused, giving rise to the judgment delivered by Justice James Omotoso, on Monday, 22nd January, 2024, stating amongst other things, the nullification of the 2024 Budget which was presented by Governor Fubara, passed and signed into law. “Justice Omotoso said he based his judgment on the fact that the legislatures said there was no evidence of settlement of the matter before him.
“That the Legislatures should drop the impeachment proceedings initiated against the Governor. This, the legislatures have complied with.
“That Martins Amaewhule should be recognised as the Speaker of the House of Assembly. Governor Siminalaye Fubara, has complied with, even though it is against the 1999 Constitution which he swore to uphold and against public opinion and outcry. “Having defected to another political party, Martins Amaewhule ceases to be a member of the Rivers State House of Assembly, in accordance with the provisions of the Constitution.
“That Governor Fubara should represent the 2024 Budget, which had already been passed and signed into law, to the legislatures. Governor Fubara is handicapped in complying with this term of settlement because there is a pending case in court brought against him by Leaders and Elders of Rivers State, precluding him from representing an already passed budget which has been signed into law.
“Until the case is dispensed and or determined, he can do nothing on this issue.
“That salaries and benefits for all the legislatures and staff should be restored. This, also, Governor Fubara has complied with, against the 1999 Constitution which he swore to uphold and against public opinion and outcry. ”
He said going by the Constitution, the 26 members or so, are no longer members of the Rivers State House of Assembly.
On whether the Legislature has the option to choose where they will sit to conduct their legislative duties, he said the directive is also against the Constitution, because it is the duty of the Governor of a State, to provide accommodation for Legislatures of a State to perform their legislative functions.
“This played out during President Tinubu’s budget presentation to the members of the National Assembly, when he recognised Nyesom Wike as landlord, because he is the Minister of the FCT.
“That the Governor should resubmit names of the Commissioners who resigned on their own volition, for screening to be reappointed Commissioners. This has also been complied with. Again, this is a most absurd directive to give to someone.
“That Local Government Councils should not be dissolved, and Caretaker Committee put in place. There is no indication that the Governor dissolved the Local Government Councils or was going to dissolve them. Thus, this rumour can only be described as propaganda.
“While majority of Nigerians see the terms of this settlement as contained in President Tinubu’s proclamation as unconstitutional, largely against public outcry, one sided and tilted in favour of Nyesome Wike; it also comes across as a huge embarrassment, humiliation and an attempt to emasculate Governor Fubara, though he has said he will abide by them in the interest of peace, and has gone ahead to implement them.
On the other hand he said Nyesom Wike as he has not rested, he has not shown any regard and respect for Mr. President in his actions.
“He has been to Rivers State a number of times, where he brags, making inciting and provocative statements.
“For instance, on Saturday 6th January, 2024, in Gokana Local Government Area, Rivers State, when he went to visit Hon. Victor Giadom, he reminded his audience that he is still in-charge of the State. How? Can there be two Governors in a State at the same time?
Furthermore, on Sunday 7th January, 2024, he continued his public outburst at a so called grand New Year reception held in the banquet hall of his private residence in Port Harcourt, Rivers State, he said among other things, “Ask people why this matter came to this level. When people went and plotted the removal of the Speaker you think we would fold our hands to remove the Speaker, an Obio Akpor son?”
He said it is totally inconsistent with his claim of working for the unity of Rivers State.
“Another instance of his failure to implement Mr. President’s 8-points proclamation, is his refusal to ‘order’ his loyalists, to discontinue the action filed by the 26 former members of the Rivers State House of Assembly in the originating summons they filed against Siminalayi Fubara, the Governor of Rivers State and others, in Suit No. marked FHC/ABJ/CS/1613/2023, in an Abuja High Court presided over by Justice James Omotosho.
“The case which came up for hearing in Abuja on Monday 8th January 2024, and was adjourned to 22nd January 2024 when he saw that there was no intention on the part of the Plaintiffs to discontinue the case.
“The outcome of the Court sitting on the next adjourned day of Monday, 22nd January, 2024, is what I have narrated above, where Justice Omotoso gave a ruling on the matter including granting the nullification of a Budget already passed into law, a relief not sought by the Plaintiffs.
“But interestingly, on same day, Monday, 22nd January, 2024, also in a Federal High Court sitting in Abuja in a matter seeking to stop Governor Fubara from re-presenting the already passed 2024 State Budget, the presiding Judge, Justice Abdulmalik, ordered all parties to maintain status quo, and adjourned the case to February, 28, 2024.
“All of Nyesom Wike’s actions, is no doubt a clear case of disobedience to Mr. President’s authority. Also, his inconsistency in all of these, is what is appalling.
“The media, both conventional and on-line, is awash with positions he had taken in the past, when he is on the other side of the divide on an issue.
“We all know his position on defectors to another political party in the past. So, what has changed today? Has the Constitution which he was citing then to back his position changed?
“In January, 2023, when he was Governor of Rivers State, the State was one of the three States that rejected financial and other autonomy for Local Governments in the country. Others were Ebonyi and Niger States.
“Another clear case affecting none adherence to Mr. President’s peace agreement is the frontal and the aggressive attitude of the former Speaker of the House of Assembly, Martins Amaewhule, when he and his colleagues, held their first plenary somewhere in Port Harcourt and in a threatening voice, passed a motion demanding for a re-presentation of the 2024 appropriation Bill which has already been signed into law by the Governor.
“One would have expected that the Speaker in keeping with Mr. President’s peace proclamation will first of all have prior discussion with the Governor at the Government House, and not to engage in direct confrontation in the presence of the media.
“From the above, it shows clearly that Governor Fubara, obeyed Mr. President and carried out his directives, in violation of the 1999 Constitution “for the sake of peace”, except that which he is currently precluded from doing by the courts. Even though majority of Nigerians were not happy with the terms of the settlement.
“Having done all these against the Constitution which Siminalaye Fubara, as Governor of Rivers State swore to uphold, Nyesom Wike is not seen, wittingly or unwittingly, by his latent or otherwise conduct, advancing peace in Rivers State.
“Let the truth be told to President Bola Ahmed Tinubu, Nyesom Wike is not ready for any form of peace. Therefore, I call on the President, once again, to sanction Mr. Wike and call him to order to allow the elected Governor, Siminalaye Fubara, whom he, Nyesom Wike, claimed he made to govern Rivers State peacefully. He said he did not anticipate that Mr. President would proclaim an 8-point agreement that appears to be one-sided and unconstitutional, when I appealed to him to call Nyesom Wike to order.
Section 1 of the 1999 Constitution states that;
“This constitution is Supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”
and;
Section 109 (1g) states that;
“A member of a House of Assembly shall vacate his seat in the House if – being the person whose election to the House of Assembly was sponsored by political party, he becomes a member of another political party before the expiration of the period for which that house was elected provided that its membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored”
“Mr. President, I humbly submit that, given my age and status as a senior citizen of Nigeria, I cannot accept any action that undermine or violate the provisions of the 1999 Federal Constitution of Nigeria as amended and the freedom of Nigerians as expressed in their constitutional and democratic rights.”