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INEC's Refusal To Conduct Fresh Elections Fuels Crisis In Rivers State, By Allen Sowore, Esq.

INEC's Refusal To Conduct Fresh Elections Fuels  Crisis In Rivers State, By Allen Sowore, Esq.
December 15, 2023

 

During his inaugural visit to Sub-Saharan Africa as President of the United States of America, President Barack Obama made a striking remark to the Ghanaian parliament on July 11, 2009: "Africa doesn't need strongmen; it needs strong institutions." President Obama's point remains profoundly relevant today.

 

In present-day Nigeria, what prevails are strong individuals who overshadow our institutions. It took the courage of the judiciary to protect the deputy governor of Ondo state, Lucky Aiyedatiwa, against an impeachment plot orchestrated by these strong figures. A parallel situation is unfolding in Rivers State. The former governor and Minister of the FCT, Nyesom Wike, appears determined to remove his once-beloved protégé, Governor Siminalayi Fubara.

 

The crisis in Rivers escalated with the planned commencement of impeachment proceedings against Mr. Fubara by members of the Rivers House of Assembly believed to be loyal to Mr. Wike. Their association dates back to Wike's support in Fubara's ascension before their paths diverged, gaining national attention when a viral video depicted the governor being physically assaulted by the police.

 

Since then, the state has been a constant spectacle of upheavals, unaffected even by the intervention of President Bola Ahmed Tinubu.

 

I am not oblivious to the fervor of the proponents of godfatherism, political structure merchants, or the existence of mass coercion and prevailing class solidarity among Nigerian elites. My intervention aims to underscore the imperative of placing patriotism above dogmatism and prioritizing strengthened institutions over the empowerment of strong individuals. This shift is crucial in building a lasting democracy and an egalitarian society where the rule of law supersedes the rule of might.

 

Obviously, a meticulous analysis of the regrettable political trajectory in the state underscores a single issue: the absence of robust institutions and the prevalence of powerful individuals.

 

One of the latest developments—the defection of 26 Members of the State House of Assembly from the PDP to the APC, coupled with their misguided insistence on still being members of the River State House of Assembly—has drawn my attention. Section 109 (g) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, unequivocally states that it is improper for anyone to still regard or address the 26 defectors as members of the House.

 

The Constitution specifies that "a member SHALL vacate his seat in the House if, as a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected."

 

Hence, the Independent National Electoral Commission (INEC) should initiate the process and preparations for conducting fresh elections to fill the vacancies created by their departure.

 

Moreover, INEC's failure or reluctance to conduct fresh elections to replace the vacant seats resulting from the appointments of the Chief of Staff to the President, Mr. Femi Gbajabiamila, from Lagos, and the Minister of Interior, Honourable Olubunmi Ojo from Ondo State, among others, is concerning.

 

Once again, INEC's hesitation or refusal to conduct elections as stipulated by Section 76 of the Constitution and the Electoral Act of 2022 perpetuates the problem. When INEC fulfills its duty by holding fresh elections to fill legislative vacancies arising from voluntary resignations, it will curb a significant portion of political opportunism. This reluctance stands as the crux of Nigeria's political crisis!