CONCERNED CSOs PETITION THE PRESIDENT AND NATIONAL ASSEMBLY OF NIGERIA TO UN HUMAN RIGHTS


CONCERNED CSOs PETITION THE PRESIDENT AND NATIONAL ASSEMBLY OF NIGERIA TO UN HUMAN RIGHTS
The Issue
March 26, 2025
The Secretary,
Human Rights Committee
United Nations,
760 United Nations Plaza,
Manhattan, New York, U.S.
PETITION AGAINST THE PRESIDENT OF THE FEDERAL REPUBLIC
OF NIGERIA AND THE NATIONAL ASSEMBLY OF NIGERIA FOR THE
CRASS USURPATION OF DEMOCRATIC STRUCTURES IN RIVERS
STATE AND OSTENTATIOUS DESECRATION OF THE NIGERIAN
CONSTITUTION CONTRARY TO THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
The CONCERNED CIVIL SOCIETY ORGANIZATIONS is a network of
organizations advocating for the political and economic welfare of the people of
Rivers State in particular and Nigeria at large.
For Emphasis, we recognize that advancing the rule of law, human rights and the
basic tenets of democracy rest at the core of the United Nations’ basic values and
principles, chief among which include the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, which stress
fundamental freedoms; particularly the right of citizens to participate, through the
instrumentality of the ballot, in the electioneering process, to determine who steers
the affairs of government and who represents them at the parliament.
Guided by these fundamental principles which are the fulcra of the constitution of
the Federal Republic of Nigeria, 1999, (as amended) particularly Chapter VI, Part
II, with particular reference to Sections 176, 177, 178, 179 and 180 thereof which
spell out the qualification, general modus, the election and the tenure of office of
the Governor. The people of Rivers State, on Saturday, March 18, 2023, in the
exercise of their franchise, micro-guided by the Electoral Act of 2022,
unanimously, through their votes, donated their mandate to the candidate of the
People’s Democratic Party (PDP). Sir. Siminalayi Fubara, was duly returned
elected as Governor of Rivers State and accordingly sworn-into office on May 29,
2023 for an initial period of four years, terminating May 29, 2027.
EXEGESIS:
The former Governor of Rivers State Mr. Nyesom Wike who is the present
Minister of the Federal Capital Territory, publicly asserts that he brought the
present Governor and Assembly Members into political positions they occupy, and
as such, lays claim to the political structure of the state.
The former Governor attempted to control the affairs of our state and the present
Governor refused.
Shortly after the present Governor, His Excellency Sir Siminalaye Fubara resumed
office in May 29, 2023, 27 members of the Rivers State House of Assembly, led by
the Speaker, Mr. Martin Amaewhule, in collusion with the Minister of the Federal
Capital Territory, Mr. Nyesom Wike, who was former Governor of the oil-rich
state, deployed a variety of underhand schemes to frustrate governance in the state.
They attempted an impeachment procedure, which failed
It is noteworthy to highlight that the 27 state lawmakers, in their general
disposition owe their allegiance and loyalty to Mr. Nyesom Wike (The present
Minister of the Federal Capital Territory) and not the people and constitution, as it
ought to be. According to the FCT Minister, he singlehandedly bought the forms
for their elections and ensured their emergence into power.
This notion is corroborated by their sheepish readiness to act in anyway and
manner that aligns with, and services the interest of Mr. Wike. For instance, in
December of 2023, Mr. Wike, a member of the Peoples Democratic Party (PDP)
instructed the 27 lawmakers to renounce their membership of the Peoples
Democratic Party (PDP) and join the ruling All Progressives Congress (APC) in
order to please the President who is a Member of the ruling APC.
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 legislature loses his seat.
The Supreme Court, in a plethora of cases, including the classical case of
Abegunde Ifedola Sunday V. Ondo State Assembly, Labour Party (2015), Hon.
Michael Dapianlong & Ors v. Chief (DR) Joshua Chibi Dariye & Anor (2007),
cemented the position of the constitution in the circumstance.
Upon the defection of the 27 lawmakers to the APC, the remainder 5 members of
the State Legislature, elected Mr. Edison Ehie as Speaker of The Rivers State House of Assembly. Mr. Edison, in line with the constitution, declared vacant the
seats of the 27 defected lawmakers.
As required, the remainder five members of the legislature carried on the business
of legislation for the state, whereas, the defected 27 continued to parade
themselves as members of the Rivers State Legislative Arm, propounding laws,
proposing bills and altering laws, all on the instigation of Mr. Wike, who is a close
ally of the President, Mr. Bola Tinubu.
The FCT Minister, Mr. Wike through his 27 loyalists led by Mr. Martin
Amaewhule conscripted themselves into a clog on the wheel of the progress of
Rivers State. Through restraining orders, they stopped the flow of monthly federal
allocation to Rivers State, they took out action against the conduct of election at
the third tier – local government and stopped the Independent National Electoral
Commission (INEC) Nigeria’s electoral umpire from releasing register of voters to
the Rivers state Independent Electoral Commission (RSIEC) – a body responsible
for the conduct of local government election in Rivers State. From courts of first
instance, all of these cases travelled to the Supreme Court – the final arbiter, where
the court granted all the reliefs of the 27 defected lawmakers and went further to
reinstate them as members of the Rivers State House of Assembly even when the
question of defection was not before it and contrary to the constitution and judicial
precedents. The Supreme Court, equally ordered the cessation of release of
monthly allocation to Rivers State until there is an appropriation law passed by the
legislature led by Martin Amaewhule. Mr. Wike’s interference with the judiciary is
a matter of public knowledge and threatens the integrity of the country’s judicial
arm. No wonder the courts overlooked an affidavit deposed to by Mr. Martin
Amaewhule on behalf of his defected colleagues affirming their exit from the PDPto the APC.
Consequently, the Governor of Rivers State, Sir Siminalayi Fubara, in the interest
of peace and the suffering masses, accepted the judgement and made several
efforts to reach out to the 27 (now reinstated) lawmakers to work together in
service to the people. The Governor’s efforts were met with resistances from the
27 reinstated lawmakers. They had a new scheme, to remove the Governor and
Deputy Governor and have Mr. Martin Amaewhule sworn-in as Governor. Under
the Nigerian Constitution, Section 188 thereof, which outlines the procedural
course for the removal of a Governor places a fundamental role on the Chief Judge – to appoint a panel whose duty is to determine the culpability or otherwise, of the
Governor in the circumstance.
Their plot however hit a brick wall as the Chief Judge of Rivers State, a man of
impeachable character was unwilling to collude with them in their political
subterfuge to overthrow the will of the people. Disappointed at the integrity of the
Chief Judge of Rivers State, they wrote a petition against him to the Department of
State Services (DSS) calling for his investigation and arrest.
With their plots falling like pack of cards, the FCT Minister resorted to using the
President, Mr. Bola Tinubu to oust the Governor of Rivers State.
Although the President does not have any such powers under a democracy and the
Nigerian Constitution, but the Nigerian President in course of declaring a state of
emergency in Rivers State, March 18, 2025, suspended the Executive Governor,
the Deputy Governor and the Legislative Arm of the Rivers state Government, thus
usurping democratic structures and foisting on the people a military regime in
contravention of the Nigerian constitution; a decision that has attracted public
indignation. The President, acting ultra vires his powers appointed a Sole
Administrator – Vice Admiral Ibok Ette Ibas (Rtd) to take over governance of the oil-rich Niger Delta State.
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 S. 305 is clear, that the proclamation
only takes effect when 2/3 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 Reps, used a voice vote to affirm the
illegality.
It may interest you to note that the conditions stipulated by the said section for
proclamation of Emergency rule (War, breakdown of law and order etc) were not
met as Rivers State was very peaceful at the time. The only security situation in the
creeks of the delta was the vandalization of oil pipeline, an act known as economic
sabotage, not listed in the constitution as ground for declaration of state of
emergency.
Section 188 of the constitution of Nigeria stipulates the procedure for the removal
of a Governor and any action outside the prescribed procedure under the section
afore-referenced is unconstitutional and void. Section 1(2) of the constitution
frowns at the imposition of military rule on Rivers’ people. As at the moment, all
withheld monthly federal allocations have now been released to the Sole Military
Administrator who is accountable not to the people but to President Bola Tinubu,
the President of the Senate, Godswill Akpabio - who superintended over the Senate
approval of the constitutional blunder and; the FCT Minister, Nyesom Wike.
Today, freedom of expression and the press is threatened; the right to peaceful
assembly has eroded; the people cannot speak out or protest because the military
has warned against any form of procession against the President’s action.
Officials of Rivers State Government, duly serving the people are being forced to
resign and/or removed.
Tension, anxiety and uncertainty is palpable in the climate of the state.
Consequently, it is our prayer that you use your good office to:
1. Prevail on the President of Nigeria to restore democratic governance in
Rivers State.
2. Place sanctions on Nigeria for defaulting in her obligation to promote
democracy and democratic institutions within her territory.
3. Advise the President to limit his actions within the confines of the
Constitution of the Federal Republic of Nigeria which is the ultimate law
and from whence he derives his powers and authority.
109
The Issue
March 26, 2025
The Secretary,
Human Rights Committee
United Nations,
760 United Nations Plaza,
Manhattan, New York, U.S.
PETITION AGAINST THE PRESIDENT OF THE FEDERAL REPUBLIC
OF NIGERIA AND THE NATIONAL ASSEMBLY OF NIGERIA FOR THE
CRASS USURPATION OF DEMOCRATIC STRUCTURES IN RIVERS
STATE AND OSTENTATIOUS DESECRATION OF THE NIGERIAN
CONSTITUTION CONTRARY TO THE INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
The CONCERNED CIVIL SOCIETY ORGANIZATIONS is a network of
organizations advocating for the political and economic welfare of the people of
Rivers State in particular and Nigeria at large.
For Emphasis, we recognize that advancing the rule of law, human rights and the
basic tenets of democracy rest at the core of the United Nations’ basic values and
principles, chief among which include the Universal Declaration of Human Rights
and the International Covenant on Civil and Political Rights, which stress
fundamental freedoms; particularly the right of citizens to participate, through the
instrumentality of the ballot, in the electioneering process, to determine who steers
the affairs of government and who represents them at the parliament.
Guided by these fundamental principles which are the fulcra of the constitution of
the Federal Republic of Nigeria, 1999, (as amended) particularly Chapter VI, Part
II, with particular reference to Sections 176, 177, 178, 179 and 180 thereof which
spell out the qualification, general modus, the election and the tenure of office of
the Governor. The people of Rivers State, on Saturday, March 18, 2023, in the
exercise of their franchise, micro-guided by the Electoral Act of 2022,
unanimously, through their votes, donated their mandate to the candidate of the
People’s Democratic Party (PDP). Sir. Siminalayi Fubara, was duly returned
elected as Governor of Rivers State and accordingly sworn-into office on May 29,
2023 for an initial period of four years, terminating May 29, 2027.
EXEGESIS:
The former Governor of Rivers State Mr. Nyesom Wike who is the present
Minister of the Federal Capital Territory, publicly asserts that he brought the
present Governor and Assembly Members into political positions they occupy, and
as such, lays claim to the political structure of the state.
The former Governor attempted to control the affairs of our state and the present
Governor refused.
Shortly after the present Governor, His Excellency Sir Siminalaye Fubara resumed
office in May 29, 2023, 27 members of the Rivers State House of Assembly, led by
the Speaker, Mr. Martin Amaewhule, in collusion with the Minister of the Federal
Capital Territory, Mr. Nyesom Wike, who was former Governor of the oil-rich
state, deployed a variety of underhand schemes to frustrate governance in the state.
They attempted an impeachment procedure, which failed
It is noteworthy to highlight that the 27 state lawmakers, in their general
disposition owe their allegiance and loyalty to Mr. Nyesom Wike (The present
Minister of the Federal Capital Territory) and not the people and constitution, as it
ought to be. According to the FCT Minister, he singlehandedly bought the forms
for their elections and ensured their emergence into power.
This notion is corroborated by their sheepish readiness to act in anyway and
manner that aligns with, and services the interest of Mr. Wike. For instance, in
December of 2023, Mr. Wike, a member of the Peoples Democratic Party (PDP)
instructed the 27 lawmakers to renounce their membership of the Peoples
Democratic Party (PDP) and join the ruling All Progressives Congress (APC) in
order to please the President who is a Member of the ruling APC.
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 legislature loses his seat.
The Supreme Court, in a plethora of cases, including the classical case of
Abegunde Ifedola Sunday V. Ondo State Assembly, Labour Party (2015), Hon.
Michael Dapianlong & Ors v. Chief (DR) Joshua Chibi Dariye & Anor (2007),
cemented the position of the constitution in the circumstance.
Upon the defection of the 27 lawmakers to the APC, the remainder 5 members of
the State Legislature, elected Mr. Edison Ehie as Speaker of The Rivers State House of Assembly. Mr. Edison, in line with the constitution, declared vacant the
seats of the 27 defected lawmakers.
As required, the remainder five members of the legislature carried on the business
of legislation for the state, whereas, the defected 27 continued to parade
themselves as members of the Rivers State Legislative Arm, propounding laws,
proposing bills and altering laws, all on the instigation of Mr. Wike, who is a close
ally of the President, Mr. Bola Tinubu.
The FCT Minister, Mr. Wike through his 27 loyalists led by Mr. Martin
Amaewhule conscripted themselves into a clog on the wheel of the progress of
Rivers State. Through restraining orders, they stopped the flow of monthly federal
allocation to Rivers State, they took out action against the conduct of election at
the third tier – local government and stopped the Independent National Electoral
Commission (INEC) Nigeria’s electoral umpire from releasing register of voters to
the Rivers state Independent Electoral Commission (RSIEC) – a body responsible
for the conduct of local government election in Rivers State. From courts of first
instance, all of these cases travelled to the Supreme Court – the final arbiter, where
the court granted all the reliefs of the 27 defected lawmakers and went further to
reinstate them as members of the Rivers State House of Assembly even when the
question of defection was not before it and contrary to the constitution and judicial
precedents. The Supreme Court, equally ordered the cessation of release of
monthly allocation to Rivers State until there is an appropriation law passed by the
legislature led by Martin Amaewhule. Mr. Wike’s interference with the judiciary is
a matter of public knowledge and threatens the integrity of the country’s judicial
arm. No wonder the courts overlooked an affidavit deposed to by Mr. Martin
Amaewhule on behalf of his defected colleagues affirming their exit from the PDPto the APC.
Consequently, the Governor of Rivers State, Sir Siminalayi Fubara, in the interest
of peace and the suffering masses, accepted the judgement and made several
efforts to reach out to the 27 (now reinstated) lawmakers to work together in
service to the people. The Governor’s efforts were met with resistances from the
27 reinstated lawmakers. They had a new scheme, to remove the Governor and
Deputy Governor and have Mr. Martin Amaewhule sworn-in as Governor. Under
the Nigerian Constitution, Section 188 thereof, which outlines the procedural
course for the removal of a Governor places a fundamental role on the Chief Judge – to appoint a panel whose duty is to determine the culpability or otherwise, of the
Governor in the circumstance.
Their plot however hit a brick wall as the Chief Judge of Rivers State, a man of
impeachable character was unwilling to collude with them in their political
subterfuge to overthrow the will of the people. Disappointed at the integrity of the
Chief Judge of Rivers State, they wrote a petition against him to the Department of
State Services (DSS) calling for his investigation and arrest.
With their plots falling like pack of cards, the FCT Minister resorted to using the
President, Mr. Bola Tinubu to oust the Governor of Rivers State.
Although the President does not have any such powers under a democracy and the
Nigerian Constitution, but the Nigerian President in course of declaring a state of
emergency in Rivers State, March 18, 2025, suspended the Executive Governor,
the Deputy Governor and the Legislative Arm of the Rivers state Government, thus
usurping democratic structures and foisting on the people a military regime in
contravention of the Nigerian constitution; a decision that has attracted public
indignation. The President, acting ultra vires his powers appointed a Sole
Administrator – Vice Admiral Ibok Ette Ibas (Rtd) to take over governance of the oil-rich Niger Delta State.
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 S. 305 is clear, that the proclamation
only takes effect when 2/3 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 Reps, used a voice vote to affirm the
illegality.
It may interest you to note that the conditions stipulated by the said section for
proclamation of Emergency rule (War, breakdown of law and order etc) were not
met as Rivers State was very peaceful at the time. The only security situation in the
creeks of the delta was the vandalization of oil pipeline, an act known as economic
sabotage, not listed in the constitution as ground for declaration of state of
emergency.
Section 188 of the constitution of Nigeria stipulates the procedure for the removal
of a Governor and any action outside the prescribed procedure under the section
afore-referenced is unconstitutional and void. Section 1(2) of the constitution
frowns at the imposition of military rule on Rivers’ people. As at the moment, all
withheld monthly federal allocations have now been released to the Sole Military
Administrator who is accountable not to the people but to President Bola Tinubu,
the President of the Senate, Godswill Akpabio - who superintended over the Senate
approval of the constitutional blunder and; the FCT Minister, Nyesom Wike.
Today, freedom of expression and the press is threatened; the right to peaceful
assembly has eroded; the people cannot speak out or protest because the military
has warned against any form of procession against the President’s action.
Officials of Rivers State Government, duly serving the people are being forced to
resign and/or removed.
Tension, anxiety and uncertainty is palpable in the climate of the state.
Consequently, it is our prayer that you use your good office to:
1. Prevail on the President of Nigeria to restore democratic governance in
Rivers State.
2. Place sanctions on Nigeria for defaulting in her obligation to promote
democracy and democratic institutions within her territory.
3. Advise the President to limit his actions within the confines of the
Constitution of the Federal Republic of Nigeria which is the ultimate law
and from whence he derives his powers and authority.
109
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Petition created on 26 March 2025