River State Political Conundrum: Political, not Legal Solution (part 2) – Richard Akinnola

Still basking in the euphoria of its Supreme Court judicial victories, within two days, the Rivers State House of Assembly had written three letters -two to the governor and one to the chairman of state’s independent electoral commission, and in each of the letters, giving 48 hours ultimatum. It’s like a teacher giving orders to students.

There is something called emotional intelligence. The fact that you got a judicial victory doesn’t mean you begin to issue “executive orders” like Donald Trump.

On August 27, 1993, as General Ibrahim Babangida was about to scamper out of Aso Rock, he hurriedly arranged for the Chief Justice of the Federation to swear in Chief Ernest Shonekan as the Chairman of the Interim National Government ING).

Unfortunately for the former dictator, the legal basis for the ING was fraught with fraud and illegalities, particularly the Interim National Government (Basic Constitutional provisions) Decree No. 61 of 1993. This Decree was signed into law on August 26, 1993 by General Babangida.

However, having signed the Constitution of the Federal Republic of Nigeria (Suspension and Modification)(Repeal) Decree no 59 of 1993, which legally abrogated the Constitution (Suspension and Modifications) Decree No. 1 of 1984, the legal basis for Babangida’s government, the regime had legally ceased to exist. Therefore, a government that that had ceased to exist could not have promulgated Decree 61 of 1993, establishing the ING.

Based on this constitutional faux pas, Abiola and Kingibe went to court to challenge the legality of the ING.

On Wednesday, November 10, 1993, Justice Dolapo Akinsanya declared Shonekan’s ING illegal.

It is instructive to note that despite this court judgment, Shonekan continued in office. As a matter of fact, two days after the judgment, the Chief Justice of the Federation, Mohamed Bello invited illegal Shonekan to declare open All Judges conference in Port Harcourt.

The point I’m trying to make is that despite the judicial pronouncement, Shonekan continued, albeit illegally in office, until a political solution was found to the quagmire seven days later when General Sani Abacha overthrew the lame duck ING.

Similarly, it’s been six months or thereabouts that the Supreme Court ruled on the issue of direct funding to the local governments, yet, there has not be a precipitate action at implementation.

Despite the various UN resolutions for the stoppage of the carnage in Gaza, the genocide continued until the Qatar-led brokered peace moves which led to a ceasefire and the exchange of prisoners and hostages. You can win the war but not the peace. A judicial victory does not necessarily translate to a political victory or solution.

In a highly polarized and charged environment like Rivers State, it takes political solution of give and take, not exhibition of impetuous gra-gra disposition.

It’s convenient for some commentators who are several kilometers away from the locus in quo, Rivers state, to pontificate a hardline position due to their political interests. But when the chips are down and there is upheaval, they would not be there.

Fubara , Wike and all members of the House of Assembly were not born during the time of “operation wetie” in Western region in the 60s which l witnessed and it was not a pleasant experience.

My father, though an Action Group supporter, had to hide in our home, a close family friend, who was a staunch supporter of “Demo” as Chief Akintola’s supporters were called. His house had been razed and he was about to be killed by Action Group supporters before he ran to our house for safety. It was a terrible situation then in the “wild, Wild West”.

Similarly, the political crisis in Ondo state in 1983, the Ajasin/Omoboriowo saga, where human beings were roasted like chickens, is still fresh in my memory.

So, those who sit in the comfort of their homes, several kilometers from Rivers state, grandstanding on the social media, do not understand the deep things about political fights. Anyone is free to support whosoever he/she chooses but when it comes to the brass tacks of political feuds, where each party digs in, it would not be who is right or wrong. At the end of every war, the parties would still have to come back to a negotiating table.

A judicial victory does not automatically translate to peace. That a court dissolves a marriage does not mean the end of bitter feud between the couple. Even if Fubara had been the winner at the Supreme Court, there would still be a need for a political solution to the crisis.

Hypothetically, even is Fubara were to be impeached, that would be the catalyst that would ignite the fire of the crisis. Forget about political gladiators who shout “heavens would not fall”, they not only have bulletproof vehicles and a horde of security operatives around them, when the chips are down, you won’t find them at the battlefield.

Some social media commentators were probably toddlers or in the primary school during the aborted abduction of a sitting governor in the person of Senator Chris Ngige of Anambra state in 2003, a situation that sent Anambra into a state of turmoil.

Despite a questionable court order by Justice Stanley Nnaji, removing Ngige from office after a purported “resignation”, it took political, not judicial intervention for him to remain in office, even after his security details were withdrawn (See my book -THE ABDUCTED GOVERNOR: The politics of godfatherism and the aborted to oust Dr Chris Ngige as the Governor of Anambra state).

(To be continued)