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SUSPENSION OF OBIO/AKPOR COUNCIL CHAIRMAN: THE DESERT HAS COME WITH A NAKED SWORD, WHERE IS THE LAW? – BY PRINCE AZUBUIKE ESQ.

Opening Statement:
“No man has the right to do what he pleases, except when he pleases to do what is right.”

The decision of the Executive Governor of Rivers State Mr. Nyesom Wike to unilaterally suspend the legally elected Local Government Chairman and the Vice Chairman on the basis of their alleged refusal to implement the Governor’s directive on the closure of markets in view of the Covid-19 pandemic ravaging the world, is in my humble view, highly condemnable as it portends a great danger in our struggle to enthrone an enduring democracy and Rule of Law in Nigeria.
With the greatest respect to His Excellency, the decision runs against law and reason, and in my humble view, amounts to putting a stamp on a clear act of executive lawlessness and abuse of power.
It would be recalled that in a state wide broadcast by the Executive Governor of Rivers State on the29th day of March, 2020 the Governor had announced the suspension from office with immediate effect, of the Executive Chairman and the Vice Chairman of Obio/Akpor Local Government Area. The issue that needs to be resolved from this case is, does the executive powers of a state vested in the Governor by virtue of section 5(2) of the Constitution of the Federal Republic of Nigeria (as amended) extends to the Governor committing illegality, such as he has done in this instance, by suspending the machinery of government in the Obio/Akpor Local Government Area? The courts, up to the Supreme Court have been consistent in answering this question in the negative.

The case Abiodun v. C. J. Kwara State & Ors. (2007) 18 NWLR (Pt. 1065) 109 is apposite in this matter. In this case, the then Governor of Kwara State had suspended a Local Government Chairman on 2/3 majority votes of the State House of Assembly. The Court of Appeal in setting aside the suspension held as follows:
“The law is that there must have been the report of an investigation made to the Council Legislature indicting the Chairman, then a 2/3 resolution of the Local Government Legislature to remove him from office before any action can be taken against him. There is no provision for this unilateral suspension by the Executive Governor of the State.”

The court went further to state that:
“It is the duty of the courts to ensure that the electorates are not lightly indirectly deprived of their right to choose their rulers due to unseeming political intrigues and infighting. It would be irresponsible of the courts to watch while the electorates are unlawfully deprived of the benefits of being governed by those voluntarily chosen to govern them.” (See pages 159 – 160)
Even if the Governor of Rivers State possesses the power (which he does) to suspend an elected Local Government Council Boss, can he do so without the resolution of 2/3 majority of members of the House of Assembly? My answer is simple – that the Governor unilaterally suspend a Local Government Chairman and his Vice is clearly ultra vires. To have done so without securing first a 2/3 majority votes of the Rivers State House of Assembly as provided in the Local Government Law of Rivers State amounts to an incurably abominable unconstitutionality. It is therefore respectfully submitted that the decision of the Governor is clearly a perverse decision, having not preceded on law and reason.
Conclusively therefore, it is my humble submission that no law in Nigeria empowers anyone, not even the President to take laws into his hands, as his Excellency had done in this case by breaking the laws of the land which he swore to defend. The action of His Excellency in unilaterally suspending the Council Boss and his Vice is to say the least, dangerous and most unfortunate and the courts have frowned as such. See Military Governor of Lagos State v. Ojukwu (1985) 2 NWLR (Pt. 10) 806, Nigerian Navy v. Garrick (2006) 4 NWLR (Pt. 969) 69, A.G Lagos State v. A.G Federation (2004) 9 All NLR 90.

I therefore call on His Excellency to rescind the purported suspension of the Council Bosses to enable them carry out their constitutionally assigned duties in contributing their own quota to the growth and development of their Local Government and the State.

Prince Azubuike Esq.
Partner, West Law Solicitors
Port Harcourt.

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