Law, stricto sensu, is a very objective subject. It does not employ, but strongly abhors, common sense. Where in a rare situation it considers opinions, it is strictly expert opinion.
Legal reasoning and interpretation is the preserve of only the learned mind not the preserve of politicians and political journalists.
Law in the narrow sense is neither subjective nor sentimental: dura lex, sera lex: a law is harsh, yet it is the law; no self-help; no employment of common sense nor any extra-legal, extra-judicial or antisocial considerations.
The apex court concluded there was no government in Rivers State, the only option thus available for a responsive C-in-C is SOE otherwise the society will slip into hobessian state where life will be brutish cantankerous and short.
Nothing illegal in the decision of the FG; no further legal test as the apex court pronouncement of ‘no government in the state’ is valid and final.
Ejo ti ku s’Ake.
For academic exercise, any way, we can continue jibing on our platform.-Ibikunle Akinde
Above legal submission came from a learned lawyer friend on my Alma matters platform.
As somebody not given to idle talks or uninformed comments on social media,his occasional comments interventions on issues are not only informed but equally respected.
In the last one week since the declaration of a state of emergency in Rivers State and suspension of both the governor and the warring legislators, things have not been the same in the oil state and by extension the country’s political landscape.
This is because as it is usual for the polity,when issues like this occur both the learned,the informed, the uninformed and politicians cum social commemtators always assume the know -all attitude making comments that are largely united informed,sentimental and emotional.
For our partisan political landscape ,even the informed stand logic on its head to make a point however illogical.
It is not too strange that most of the comments on the Rivers imbroglio are made by politicians and commentators who are not only partisan in their presentations but deliberately ignored the points of law,reason,economis and security expediency which made President Bola Tinubu took the decision he took.
As stated earlier above by Akinde, the issue at play in Nigeria though not easily separated from politics which triggered the decision of the President ,are Germaine issues which has at one point or the other in our history of politics has endengeared the polity and indeed contributed to our political instability .
While the motives for declaration of state of emergencies in the First republic are clearly ideological and political and results of power play between two leaders from the then Western region and external forces which ultimately led to the collapse of the first republic, subsequent declarations during the Olusegun Obasanjo era are rooted in brinksmanship and territorial expansion of the then President and his party in power.
Both the declarations and implementation of the impeachment of former Governor Ayodele Fayose and Diepreye Alamesiagha are both crude,vicious and desperate.
Hence,any attempt by any leader to adopt Obasanjo militaristic style which assaulted our democratic norms as was done by suspended Governor Similayi Fubara using four legislators to rule the state after wilfully destroying the Assembly complex could obviously not pass in this fully civilianised regime devoid of unbridled quest for autocracy and unitarian as adopted by Obasanjo.
This is also where I totally agree with my friends legal opinion above which separated the SOE from point of politics to observant of law.
It should be clear to those who care to follow logic that President Tinubu cleverly avoided emotions but hinged his decision on both the rule of the Supreme Court which declared Rivers state as a territory without government since the executive has willfully destroyed one vital leg..the legislature which is the third arm of government and on which uts conduct are hinged.
In the realistic sense, is it legally accepted that removal or suspension of the third arm of government makes the other two parts complete.
Since the actions of both the executive and legislature are subject to adjudication by the Judiciary it is obvious that having ‘sacked’the legislature, the judiciary will obviously be cowed by the unchallenged all rampaging power of the ruling governor.
As a sitting President and Commander in Chief,it is quite unreasonable that other politically minded citizens would expect him to watch while his power and influence over the larger country of which he swore to protect,is being challenged by one of the 36 states in the country.
From the point of sentiment it is not unexpected that those hurt by the suspension of the government would resign to fate without a protest,it is also illogical for them to expect that a sitting President will fold his hand and allow one of the states to slip into anarchy.
Yes, while it is true that Nyesom Wike one of the combatants in the struggle for power in Rivers State is a serving Minister in political ‘marriage’, pretending all is well,will definitely reduce Tinubus sphere of control and influence should he refused to act.
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By citing and relying on the declaration of the Supreme court,Tinubu has cleverly situated basis for his cction on the apex court and provision if Subsection 305 of the constitution which had the last saying on constitutional matters until the constitution is ammended.
Political commentators also failed to look at the economic cost of breakdown of law and order in an oil rich state with its huge contribution to the economy.
Would a sitting President who have in the last two years struggled to increase the nation’s oil production from a little over a million barrels per day to 1.8million sit idly and watch the source of his revenue compromised by militants acting not on the side of the people but on the directive of a sitting governor whose political miscalculation was his undoing?
Since the health of the nation is a reflection of its economy,it is inconceivable that he would take drastic steps to prevent economic instability and chaos that may result.
In another view,by not allowing the state assembly to impeach the governor,he has simply given him a soft landing and opportunity to reasses his style in governance . Same applies to the 27 lawmakers and by inference,Nyesom Wike.
Since politics and power are siamese twins, improper decision or lack of it has the tendency to erode the other.
As a political player,we should not be unmindful of the larger political interest of both Wike and Tinubu in the race towards the 2027 general election.
But then,the laters defence to hing his decision on the Supreme court as explained by section 305(5l of the 1999 constituion,is a move to remove his hand from partisanship even as his claim of Fubaras destruction of the State assembly is a denial of legislative duties of 27 lawmakers who are followers of his political ally appears partisan.
On the face of it, it is inconsiderable how Fubara can swing the loyalty of followers of the 27 lawmakers picked from the different constituencies in the state.
While, Fubara has the resources to win over aggrieved followers of the legislators in future elections, Wikes Ministerial influence in the state could also provide bigger financial armour and muscle for the legislators .
The response of the national leadership of the ruling party in the state, the Peoples Democratic Party,PDP, in the state at war with Wike is also not out of place.
Since politics is about interest, the likes of Anubakar Atiku and Peter Obi of the Labour Party,LP,should not be expected to sit idly while Fubara their ally is being surreptitiously swept out of power in Rivers State.
Considering the strategic political importance of the South South state, all the leading opposition parties should not be expected to allow it to slip into All Progressives Congress,APC.
But the question is are the critics of emergency rule fighting on the basis of law, politics or emotions.
Could the Supreme Court overule or reverse itself in a judgement derived from the aggregation and consolidation of eight separate suits on the Rivers political crisis?
Though, the new administrator Ibas has pledged to be fair to all and bring about peace,could he do so in the facebof unrelenting activities of militant who are economic saboteurs of the government.
As an administrator with military background is he likely to be soft towards opposition to his rule.
Will the increased militancy in the state and by extension the region allow for end to the six months rule? .
Fubaras return to power will definitely be hinged on the guarantee of return of peace to the state which itself is dependent on reasonable reconciliation among the warring factions.