By Fatai Abiodun
It was Baron de La Brède et de Montesquieu, generally referred to as simply Montesquieu, a French judge, man of letters, historian, and political philosopher, and the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world stated that to have political liberty, it is important and requisite that the government be so constituted as one man need not to be afraid of another.
What is happening in Rivers State under the governance of Governor Sim Fubara is one of the reasons why Montesquieu expressed that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Montesquieu suggested that to prevent abuse, power must be a check to power.
Nigeria as a country turned into a democratic nation in 1999 following many years of military struggle. The current happening in Rivers State is a clear signal that those in power do not really understand the tripod stand that holds the democratic setting.
The ground norm which is the constitution acknowledges three arms of government which include legislative, executive and judiciary. The powers of the legislative to make laws for peace and good governance in the country are not in doubt. The power of the executive to perform executive functions were also not in doubt while the powers given to the judiciary for the interpretation of laws were also in affirmative.
The political crises in Rivers State have been there for some months now. The common man did not know the root cause of the crisis and no one among the political warriors was ready to explain why the problem is yet to abate.
The crisis got to the climax this week following the first executive order signed by Governor Sim Fubara who ordered immediate temporary relocation of the sitting of the State House of Assembly to the Government House in Port Harcourt.
It is sad and pathetic to state that some federal lawmakers had publicly encouraged Governor Fubara can rule the state through an executive order and jettison the state assembly. [Error!]
I wonder if this set of people who were employed to make laws really understand the workings of democracy. This is the bad advice that encouraged Gov Fubara to issue an order that is clearly against the tenets and spirits of the constitution. While the power of the Governor to issue an executive order is not in doubt, such an order must not encroach on the powers of other arms of government.
Could you imagine a Governor issuing an executive order against the State judiciary? It will not stand. In the same way, an executive order that affects the State Assembly cannot stand.
A clear understanding of the constitution will show that the executive is not to serve as police for the legislative or judiciary, the same reason Montesquieu averred that when the executive and the legislative powers are united in the same person, there can be no liberty because apprehension may arise; and there would be an end to everything, were the same man or the same body to exercise the powers of legislature, executive and judiciary.
What we are witnessing today in Rivers State is a situation where one man wants to be the executive and the legislative, which is clearly against the democratic setting.
The intention of the drafter of the Constitution is not to place other arms of government under the whim and caprices of the executive, both must be a check for one another. The attitude of the executive governor to move the state assembly sitting to the government house ultra vire the power of Governor Fubara.
Some political schools of thought have suggested that the action of the governor on the executive order was due to fear of impeachment, I disagree with this assertion because section 188 of the 1999 (As Amended) has provided ways acceptable to the removal of a governor.
The Courts have not failed to reverse any purported impeachment of the governor that failed to meet the constitutional provisions, and a clear example of such is the case of Ladoja and the Oyo State House of Assembly in 2007.
The Courts have held in plethora of cases that the position of law is that where a statute or rules of the Court have provided for the method of doing a thing, it must be done in accordance with the express provisions of the statute or rules.
I strongly advised Governor Sim Fubara not to panic. The impeachment process by the State House of Assembly is not automatic because the drafters of the constitution never envisaged that the state assembly and the governor must come from the same party. The development of the state should be the unifying factor between the Executive Governor and the legislative.
It will be in the interest of the Rivers State and Nigeria at large for Governor Sim Fubara to rule in accordance with the rule of law and the Constitution. If the governor feels that the House of Assembly members who ‘decamped’ to another party are no longer entitled to their offices, it’s not the power of the governor to declare their seats vacant, such action is usurping the power of the judiciary in interpreting the law.
Fatai Abiodun read Law at Baze University
fatai10367@bazeuniversity.edu.ng
