NEWS ANALYSIS: Could the President have done more before declaring SOE in Rivers? By Chris Adetayo

I believe so. Following the Supreme Court judgement, and the impasse that followed, I do think he could have called both parties (the Governor and the Members of the HoA) to Aso Rock.

At the meeting, he could have laid out a peace plan. Demand the full implementation of the SC judgement while committing the HoA to not making any impeachment moves for the forceable future.

It is possible the President did this behind the scenes. But without showing workings, it is hard to make that case.

Is Fubara blameless?

Absolutely not. He also acted in bad faith! The SC judgement was made on a Friday. Almost immediately, he asked all the elected LG Officials to hand over the running of the LGs to civil servants. He did not wait for the Certified True Copy of the judgement. Yet he used the “waiting for the CTC” as excuse not to immediately implement the SC judgement on the HoA. He was, to be uncharitable, buying time to see if there was a leeway to circumscribe the SC judgement. It was only when that pathway became untenable that he course-corrected.

What to make of Wike?

What seems clear to me is that Wike believes that his political life is on the line and this has to be a fight to the finish. In the process, caution has been thrown to the winds. To have his minions in the HoA immediately commence impeachment proceedings against the Governor was bad strategy and downright vindictive. It is hard to see how he comes out of the SOE in decent political shape. Worse, he seems to be fighting on too many fronts. PDP, Rivers etc.

Is the SOE necessary?

Maybe. Maybe not. There were feelers that the Chief Judge of Rivers was pro the Governor. So in all likelihood he will have set up a committee that may return a not guilty verdict on the charges against the Governor. The SOE prevents us from seeing this play out. However, it is also true that tensions were running high and something had to give. My sense though is that perhaps the SOE is premature.

Is the Suspension of Governor and HoA Legal?

This needs to be tested in the Courts. The suspension is hinged on the powers given to the President in Section 305 to “take extraordinary measures….” That same section says he can take action where there is “imminent danger” ie he doesn’t have to wait for the danger to occur if, in his own assessment, such danger is imminent. The reality is the debate on this section and the power to suspend elected Governors will not be settled until the judiciary makes a definite pronouncement on it. I hope that this Rivers case leads us to making this happen.

May God bless Rivers State