A coalition of about 30 civil society bodies has filed a petition to the secretary of the Human Rights Committee of the United Nations at 760 United Nations Plaza in Manhattan in New York, United States of America, over the declaration of State of Emergency and suspension of elected offices by President Bola Tinubu.
The coalition, which met in Port Harcourt, Rivers State, on Thursday – yesterday, March 27 – is asking the United Nations to sanction Nigeria, if the country fails to restore democratic order immediately in the state.
In the petition filed by Egondu Esinwoke (Convener) and Courage Nsirimovu (Coordinator), the coalition asked the UN to prevail on the President of Nigeria to restore democratic governance in Rivers State or place sanctions on Nigeria for defaulting in her obligation to promote democracy and democratic institutions within her territory.
The petition also implored the UN to advise Nigeria’s president to limit his actions within the confines of the nation’s Constitution which they said is the ultimate law and from whence he derives his powers and authority.
The coalition assured that they are acting in accordance with relevant provisions of the constitution of the Federal Republic of Nigeria.
The group’s briefing to the UN on the running background of the Rivers crisis, indicted the former Governor of the State, Nyesom Wike, who is now Minister of the Federal Capital Territory, accusing him as the master-mind behind the lingering Rivers political crisis.
The petition traced his public admittance of procuring forms for all elective office contestants from his party, all with alleged public funds, and how the now minister has turned around to insist on micro-managing every elective and appointive public office holder that emerged through his process.
They also claimed it was the refusal of the embattled Governor, Siminalayi Fubara to continue to kowtow to the template that enraged the godfather into ordering his impeachment in October, 2023, barely five months after the Governor was sworn in.
The petitioners explained that when the lawmakers loyal to Wike’s tendency served impeachment notice to the Governor, the latter resisted this move because there was no single offence he had evidently committed to warrant the move to impeach a Governor that had not stayed up to six months in office and had not even completed appointment of cabinet members.
Insisting that the foregoing is the genesis of the crisis, the petitioners further explained that the 27 lawmakers that swore to the plot to remove the Governor on the say-so of the former Governor defected to the national ruling party on the directive of the former Governor who, they said, has emerged as a strong political force for being an ally of the president of the country.
According to the petitioners, the lawmakers later changed their minds when they allegedly realized the implication. This, they said, created crisis in the state.
The petitioners stated: “The Nigerian Constitution is explicitly clear and instructive as to the consequence of defection when there is no division in the party that sponsored the defector(s). Section 109(1)(g) provides that upon defection, a state legislator loses his/her seat.”
They said the Supreme Court has ruled on the matter many times to re-enforce the constitution which makes defection in peace time an automatic loss of seat in parliament.
They heaped blame on the FCT Minister to have worked through the 27 loyal lawmakers led by Martin Amaewhule, to get a state of emergency declared in Rivers State.
Also, the petition outlined how they (lawmakers ) used the courts and the national electoral bodies to constrict the state electoral body and get the local council election nullified.
The coalition also told the UN that Governor Fubara, in the interest of peace and for sake of the suffering masses, accepted the judgment and made several efforts to reach out to the 27 (now reinstated) lawmakers to work together in service to the people.
They stated how the Governor tried to comply with the court rulings and how this was frustrated by the minister’s loyalists to pave way for a state of emergency.
The petitioners kicked against the action of the president thus: “Section 305 of the Nigerian Constitution which empowers the President to declare a state of emergency does not envisage in any way, the removal of a democratically elected governor.
“The same Section 305 is clear, that the proclamation only takes effect when two-third majority of the National Assembly – Senate and House of Representatives, affirms same.
“However, the President insisted it takes effect immediately in flagrant disregard of the Nigerian Constitution. Furthermore, the compromised Senate and House of Representatives used a voice vote to affirm the illegality.”
The petitioners further stated that, now, officials of Rivers State Government, duly serving the people have been forced to resign and/or removed, and that tension, anxiety and uncertainty are palpable in the state.
