THE MACABRE DANCE IN RIVERS STATE HAS REACHED A CRESCENDO [OPINION BY OKOI OBONO-OBLA]

It seems to me that the political crisis in the Rivers State branch of the Peoples Democratic Party between Governor Simi Fubara and former Governor, Nyesom Wike, has smothered, and the consequent eruption will possibly lead to the collapse of the executive and legislative branches of the Rivers State government.

Already, the polarization within the PDP has fragmented and factionalized the Rivers State House of Assembly into two antagonistic camps.

27 members of the Rivers State House of Assembly belong to Nyesome Wike’s camp and two days ago in a daring and deft political maneuvering, defected from the PDP and joined the APC.

The Pro-Simi Fubara’s camp in the Rivers State House of Assembly is made up of only 4 members.

On the 13 December, 2023, the 4 members of the Rivers State House of Assembly of the pro-Simi Fubara camp, purportedly declared the seat of the 27 member pro-Nyesome Wike’s camp to be vacant.

The seats of the 27 members that defected from PDP to APC were declared vacant by the four members of Pro-Simi Fubara.

However, pundits have wondered how four members cand take such a weighty decision when membership of the Rivers State House of Assembly is 31.

The constitution says that the quorum of a State of Assembly is one-third of its membership.

Therefore, one-third of the 31 members of the Rivers State House of Assembly are 10 members.

On 14 December 2023, the four members of the Pro-Simi Fubara’s camp purportedly convened and passed the budget for the 2023/2024 financial year.

The budget is a law.
When a budget is passed
It is otherwise known as the Appropriation Law.

Section 121 (1) of the Constitution makes it mandatory for the Governor to cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year, estimates of the revenues and expenditure of the State for the following financial year.

Therefore, the pertinent question is:
Is it constitutional for only four members of a State House of Assembly to pass a law?

Can a budget passed by 4 out of 31 members of Rivers State House of Assembly (Appropriation law) survive constitutional scrutiny for the passage of a bill into law as laid down by Section 100 (1) & (2) of the Constitution?

I certainly have my doubts the affliction that has befallen the Rivers State House of Assembly, has spread to the executive branch of government.

On 14th December, 2023, typically, of the scene in a movie, almost one-third of the members of the Rivers State Executive Council resigned their membership.

It seems to me that those who resigned from the Rivers Executive Council belong to Nyesom Wike’s group.

Undoubtedly, there is a political cum constitutional crisis in Rivers State.
This is the truth of the matter.

It will take a sustained legal intervention to entangle and wriggle out of all the legal conundrums and labyrinths that the crisis has caused.

What has happened in Rivers State is reminiscent of what happened in the old Western Region of Nigeria in 1962 when a crisis in the Action Group Party of the governing party triggered a constitutional crisis and political conflagration that led the Federal government to declare a state of emergency in the Western Region.

The chicken has come home to roost!!
Is history repeating itself? Only time would tell.

@⁨Okoi Obono-Obla