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GOVERNOR FUBARA, YOU CANNOT ABROGATE THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA – APC Rivers State.

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Confounded by the disturbing missteps of its Governor in Rivers state, the Peoples Democratic Party (PDP) staged a press briefing on Wednesday, May 8, 2024, to dismiss the All Progressives Congress (APC), Rivers state chapter’s call on the Rivers State House of Assembly to impeach Govenor Siminalayi Fubara. The PDP tendered a hogwash argument that by Section 109 of the Constitution, the 27 House of Assembly members who defected from PDP to APC have forfeited their seats, and echoed the Governor’s declaration that the Rivers State House of Assembly is non-existent.

Contrary to PDP’s assertions, it is not APC that is calling for the impeachment of Governor Fubara. Rather, by his egregious actions, conduct and infantile comments, Fubara is actively and vehemently precipitating his own impeachment.

Governor Fubara’s declaration that the Rivers State House of Assembly does not exist is not only reckless, it is a direct affront to the Constitution of the Federal Republic of Nigeria. The House of Assembly is a creation of the Constitution, and vested with the legislative authority of the state. The members of the Assembly were elected by the good people of Rivers state in the same manner that Fubara was elected Governor.

The Assembly does not exist at the Governor’s pleasure or fanciful whims. The legislature is at the core of the idea of democracy. It is co-equal with the executive and judicial arms of government. The constitutionally entrenched principle of separation of powers among the three arms of government guarantees essential checks and balances required to ensure observance of the rule of law. The rule of law is indispensable to democracy and constitutional order.

If his declaration that the House of Assembly is nonexistent is based on the fact that the 27 members who decamped from PDP to APC have lost their seats, then Governor Fubara is sorely misled.

To be clear, the 27 Assembly members did not lose their membership of the Assembly by virtue of their decampment. There is nothing homeostatic about Section 109(1)(g) of the Constitution. It is not self-executing. The Proviso to the said Section 109(1) (g) established exceptional grounds to the applicability of Section 109(1)(g)
Section 109(1) states: A member of a House of Assembly shall vacate his seat in the House if –
(S.109(1)(g) – being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before expiration of the period for which that House was elected:

“Provided that his 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.”

Therefore, only a properly constituted court of law can make a determination as to whether a member of the House of Assembly has vacated his seat in accordance with that provision of the Constitution. As no such judicial determination has been made, the 27 APC members of the House of Assembly remain the constitutionally recognized and authorized members of the Rivers State House of Assembly.

The Governor’s declaration flies in the face of a matter pending in court as instituted by some elders of the state on the very question of the legal status of the 27 members that decamped from PDP to APC. The court ruled that the plaintiffs in the matter lacked necessary _locus standi_ to bring the action. An appeal against that ruling remains pending in the Court of Appeal. Gov Fubara is a party to that suit. And there is the subsisting order of injunction issued by a Federal High Court restraining the Governor and his agents from impeding or frustrating the House of Assembly under the leadership of the Speaker, Rt. Hon. Martin Amaewhule.

The Governor’s attack on the House of Assembly and its leadership is in flagrant disrespect of the order of a court of law and a violent violation of the express provisions of the Constitution. His demolition of the Rivers state House of Assembly complex remains one of the most brazen attacks on democratic institutions in our nation’s history. And there is now grave apprehension that he may be spoiling to demolish the House of Assembly residential quarters in Port Harcourt, built only two years ago, following his recent gestapo-like invasion of the Assembly quarters. Governor Fubara’s weaponization of demolition of public assets as a strategy to dislodge and punish legitimate members of the legislature is nothing short of petty despotism and must be roundly condemned.

Governor Fubara continues to conduct the business of government unhinged, and in total contempt of the state legislature. The Governor expends the state’s resources without regard to appropriation and public procurement laws. The Governor has unlawfully withheld local governments funds as a punitive measure against perceived opponents, and only recently, directed that all heads and officials of the 23 Local Government Areas should ignore the summons of the State Assembly as he threatened to sack officials who flouted his directive.

The power of the purse resides in the legislature. If, indeed, the House of Assembly does not exist, as Governor Fubara has declared, then the Governor must necessarily shut down the entire government of Rivers state, especially the office of the Governor, as he lacks the authority to expend public resources without valid appropriations by the legislature.

Governor Fubara cannot abrogate the Constitution of the Federal Republic of Nigeria. He cannot be governor and be despot-in-chief of the Rivers state House of Assembly, at the same time. Attempting to impose an illegal 3-man House of Assembly is executive lawlessness in the extreme. Governor Fubara’s quest to repudiate the Constitution and govern in denial of the existence of the state legislature is, in and of itself, among other grounds, an impeachable offense.

We strongly counsel Governor Fubara to submit himself to the dictates of the Constitution and the rule of law. In any and all contests between Governor Fubara and the Constitution of the Federal Republic of Nigeria, the Constitution shall prevail, always. The good people of Rivers state deserve so much more than the seemingly unending chicanery of Governor Fubara.

Signed:
*Felix Morka, Esq.*
National Publicity Secretary
All Progressives Congress (APC)

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Two weeks to election:Tension hits Imo APC as candidates await primary results

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Just two weeks to the main elections on September 21, the Imo State All Progressives Congress, APC, is under tension as candidates and other members of the party are eagerly awaiting for the release of results of the party primary elections which was conducted on September 3 at various LGAs and wards in the state.

The tension became more worrisome as results allegedly said to have emanated from the just concluded exercise flooded various media platforms with lists of certain names as the winners of the primary exercise.

Though , the ztate leadership of the party has earlier warned aspirants and other party faithful to disregard the list and wait for official release of the results which it said would be announced by the party.

DAILY POST learnt that despite the assurance given by the party leadership, many aspirants seemed to be uncomfortable with the delay of the results of an election which they complained was conducted five days ago.

A chairmanship aspirant from one of the LGAs who doesn’t want his name to be mentioned for political reasons said that he is not happy with the way the party leadership is handling the matter.

He pointed out that while they are still awaiting for the official release of the results, some of the aspirants have started jubilation based on the results flying around social media.

Speaking also, Hyginus Onumajuru, a card-carrying member of the party, said that there is the possibility of believing in the lists flying in social media, hinting that there is no reason the party leadership will give that will be acceptable for an exercise conducted almost a week ago and the results are yet to be released.

Onumajuru further hinted that for the results not to be released after five days of waiting is a clear signal that the state party leadership may not be in charge of the exercise.

“This could be a clear indication that the party leadership is not in control of the primaries, if not so what could have been the cause of the delay in releasing the results.It has already created panic among aspirants who are eagerly waiting for the official announcement and seeing some lists flying around messed up the whole thing. Debunking the story is not enough let us have the real results,” he said.

He further said that it is unjust the way the party leadership is treating people who have already spent huge sums of money and time purchasing forms and touring villages meeting with their people for the sole purpose of securing political positions under its platform.

In a similar vein, one of the local tabloids in the state in its banner headline revealed that lists of candidates for the September 21 exercise are already before ISIEC.

A list from one of the social media platforms revealed that 12 names from Ohaji/Egbema LGA have already emerged as the party’s candidates for councillor positions ahead of the polls.

Another list also purportedly revealed that over 22 names of the current sole administrators were allegedly seen in the lists. Some aspirants have already started receiving congratulatory messages from their well wishers and supporters basically from the lists flying around.

At of the time of filing this report the leadership of the party, apart from the earlier statement issued some days ago by one Julian Chijioke, media aid to the State party Chairman, Macdonald Ebere, the party is yet to make any other official announcement on the current development.

The election is barely two weeks from now with no record of any serious political activity from the various political parties regarding that as the people of the State await the September 21 exercise.

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Bill to repel ISOPADEC law scales through second reading in Imo Assembly

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The bill to repeal the Imo State Oil Producing Area Development Commission (ISOPADEC) Law Number 13 of 2010 and replace it with a new law for the establishment of a new board for the Commission has scaled through its second reading on the floor of the State House of Assembly.

The bill, presented by the Chief Whip of the House and member representing Oru East Constituency, Chigozie Nwaneri, will, according to him, also create room for the inclusion of Oru East LGA as an oil-producing area.

Expounding on the bill, the Chief Whip said that the main purpose of the bill is to replace the old law governing the commission, which he said has become obsolete and no longer in touch with present realities.

He maintained that if the bill is passed into law, it will establish a new board for the Commission with the mandate of ensuring even development throughout the oil-producing communities in the state.

He further stated that the Commission shall make proper use of the 40% of the 13% oil derivation fund accruing to the oil-producing communities from the Federal Government for developmental projects.

The Oru East lawmaker explained that the bill will also create an opportunity for the Commission to liaise with both the state and federal governments to tackle environmental challenges such as erosion control, oil spillage, and the protection of oil installations.

“The bill, if passed, will establish a governing board for the Commission. The chairman and members of the board shall be appointed by the governor, subject to confirmation by the State House of Assembly.

“The chairman to be appointed shall come from any of the oil-producing areas, with two representatives each from the three local government councils and one representative from each of the three senatorial zones in the state,” he said.

Shedding more light on the bill, Nwaneri pointed out that if passed, the bill will also empower the Commission to have a managing director appointed by the governor, subject to confirmation by the State Assembly.

The Managing Director will oversee the administrative running of the Commission for a period of four years, with a Director of Legal Services, Corporate Affairs, and Due Process working under him as the Secretary.

He further explained that the new law will ensure that the Commission has its Secretariat in Owerri, the state capital, and offices in every LGA headquarters of the three Local Councils—a move he said will help bring the Commission closer to the people.

After much deliberation, the bill scaled through its second reading and was referred to the House Committee on ISOPADEC, headed by Francis Osuoha, representing Ohaji/Egbema Constituency, for further necessary legislative action.

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Ajuri Ngelale Takes Indefinite Leave for Family Medical Reasons

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Ajuri Ngelale
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In a surprising development at the heart of Nigeria’s government, Chief Ajuri Ngelale, Special Adviser to the President on Media & Publicity and Official Spokesperson of the President, has announced an indefinite leave of absence. The announcement came via a memo submitted to the Chief of Staff to the President on Friday, September 7, 2024.
TalkJudith reports that Ngelale disclosed this in a statement he personally signed.

Chief Ngelale cited urgent medical matters affecting his immediate family as the reason for his departure. In his statement, he described the decision as “agonizing” but necessary, given the worsening of a “vexatious medical situation” at home.

The leave of absence will impact several key roles held by Chief Ngelale, including:
1. Special Adviser to the President on Media & Publicity and Official Spokesperson of the President
2. Special Presidential Envoy on Climate Action
3. Chairman of the Presidential Steering Committee on Project Evergreen
While acknowledging the importance of his duties, Chief Ngelale emphasized that this decision was made after significant consultations with his family over the past several days. He expressed his intention to return to full-time national service “when time, healing, and fate permit.”

The announcement has raised questions about the interim arrangements for these crucial positions within the presidency. As of now, no information has been released regarding temporary replacements or the redistribution of Chief Ngelale’s responsibilities.

Chief Ngelale has requested privacy for himself and his family during this challenging time. The nature of the medical situation has not been disclosed, respecting the family’s wish for confidentiality.
This development comes at a time when Nigeria faces several pressing national issues, and the absence of a key communication figure in the presidency may be felt in the coming weeks or months.

As the situation unfolds, further updates are expected from the Office of the President regarding the management of Chief Ngelale’s duties during his absence.

 

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