The decision of the Senate to intervene in the political crisis of the Rivers State House of Assembly, which boiled over last Tuesday, for the first time in the life of the 7th Senate, led to the call for a division of the red chamber, even as senators openly aligned along political and ethnic lines, writes GEORGE OJI
The incident of last Tuesday, in Port Harcourt, where members of the State House of Assembly were enmeshed in an open confrontation, which nearly led to loss of lives and unconstitutional impeachment of the Speaker of that Assembly was serious enough to have attracted the urgent attention of the nation's apex law-making body, the Senate.
The unfortunate incidence was also considered dangerously far-reaching enough to have warranted the Senate to have temporarily suspended the very important debate on the amendment of the 1999 Constitution, which it had set for the entire week.
As the lawmakers filed into the hallowed red chamber for the day's proceedings, which was supposed to be the continuation of the debate began the previous day for the amendment of the nation's constitution, anxiety was visibly written all over their faces.
It did not therefore surprise many when, after the usual opening formalities, which involves the saying of the prayers, adoption of the previous legislative day's votes and proceedings, the reading of communications and announcement of visitors to the chamber (if any), then straight away the presiding officer and the Senate President, David Mark, directed that every other persons vacated the legislative chambers for the Senate to retire to an executive session, otherwise commonly referred to as closed session.
By the time the lawmakers reconvened slightly more than an hour afterwards, and after settling down to work, what subsequently followed was clearly a well rehearsed replayed version of the script that was perfected at the closed-door session.
First, the Deputy Senate Leader, Abdul Ningi raised a point of order to seek the leave of the Senate to tender a petition written by one member of his constituents. This was immediately followed by a shout of point of order by Senator Magnus Abe. Rising under order 43 on personal explanations, Abe proceeded thus; "There is a matter that is of interest to the entire country at this moment and I just want to make a personal explanation of it for the benefit of this distinguished assembly."
To this, Mark chorused, "Yes give the explanation." Abe subsequently fired on. "As we are all aware, yesterday there was an incident at the Rivers State House of Assembly in Port Harcourt. Briefly, what happened was that since May 6, 2013, the Rivers State House of Assembly had not sat and the state's police command withdrew police protection for the House of Assembly.
"However, after about 63 days that the Assembly could not sit, the Assembly received a communication from the governor that he wanted to come and make a presentation to make some alterations in the state's budget. The Assembly therefore wrote to the police and decided to reconvene.
"When they met in the premises of the assembly, a faction of the House, five members of the House out of a total of 32 members, came into the Assembly and tried to impeach or destabilise the House and beat up the Speaker, the Majority Leader and other members of the Assembly who were forced to run out of the Assembly and then they tried to impeach the Speaker.
"The Rivers State House of Assembly has 32 members and the quorum of the House should be 11 members, the majority members were able to come back and then the House sat. But before that happened, there was a fracas, there was a fight and several members of the House were injured.
"Surprisingly, this was happening at the House of Assembly, which is directly opposite the Rivers State Police Command headquarters on Moscow Road. Because of the letter the Speaker had written to the police the assumption of everybody was that the police were there to protect the Speaker and all members of the House of Assembly, but unfortunately, this was not the case. This incidence happened right under the nose of the police headquarters.
"So, I want to bring this to the attention of the Senate, confidence that this August assembly is committed to holding the principles of the Nigerian Constitution and we all know that from our constitution, the impeachment of a governor or Speaker, twothirds of their Assembly is required and that this incidence, disturbing as it is has ramifications that is beyond the House of Assembly.
"It is capable of disturbing, if not undermining and destroying the democratic institutions in the state, it could lead to a breakdown of law and order and even as we speak, the incidence has continued to generate tension in the state and even this morning I heard there was shooting of tear gas even into the Government House.
"It is clear that the Rivers State police command under the command of the present Police Commissioner is incapable of controlling the situation in the state and that this Senate needs to do something in order to save not just the House of Assembly but indeed to save Rivers State and to save our democracy. I submit these explanations for your considerations sirs."
After Abe's rather lengthy explanations, then Mark took it from there.
"Senator Magnus Abe discussed the issue with me and I also discussed the issue with majority of the senators. "Clearly what is happening in Rivers State is an embarrassment to legislators across the length and breadth of this country. And it is in the interest of state Assemblies not to do anything that would portray legislators as irresponsible because that is not what we are.
"Clearly also, what is happening is totally unacceptable and it must be condemned in the strongest possible terms in its entirety, irrespective of who is directly involved or who is behind it. It is not a situation that we expect and we will not want it to continue beyond this point where it has reached.
"Democracy involves dialogue, give and take and that at every point, people must learn to dialogue, to discuss and bring issues to the table. Not to fight over issues to the level where it has reached.
But because of the urgency, I also believe that this Senate must take immediate steps to protect democracy, protect this country and to ensure that democracy continues to grow and improve in the country.
"Senator Abe has raised very serious issues and it is proper that we take steps to ensure that the Rivers State House of Assembly is restored to normalcy so that they can continue their activities in terms of legislation. In respect of this, I would hand over some resolutions to the Senate Leader, so that he can read it out from there because I cannot propose resolutions from here.
"In order for us to be able to get the facts so that we are properly briefed, and that we are not operating just by the things that we hear and see from the media only. I think it is appropriate that we send our committee to go and investigate for us.
In the meantime, while that is going on, I want to appeal to all the parties involved that they sheathe their sword until we are able to get a feedback from our committee and we are able to take a resolution. "Let me also state here in very clear terms, that this Senate will do everything possible, even if it means sacrificing our blood to uphold the Constitution of this country. We would defend the ordinary people who are voiceless and who have nobody to defend them except those of us who are elected to represent them.
And there should be no mistake in anybody's mind at all as to our stand on that basic and fundamental issue. "I also believe that the relationship between the governor and the Commissioner of Police is not the best at the moment and the IG must take immediate steps to ensure by whatever means that this situation does not continue because the governor and the Commissioner of Police must learn to work together in all the states not just in Rivers State.
"There has to be synergy, there has to be understanding based on terms as specified in the constitution. As human beings there may be disagreements but it must not be to the extent to result to the breakdown of law and order." Subsequently, Mark handed down the decision arrived at during the closeddoor session to the Leader of the Senate, Victor Ndoma-Egba to read out.
One by one, as the decisions were read, they were put to vote and adopted as resolutions of the Senate. Trouble, however, began when some senators felt that the decision on the Rivers State police commissioner, which read that, "The Senate should urge the Inspector General of Police to take immediate steps to address the issue of broken relationship between the governor and the commissioner of police," had been watered down from what they had previously agreed at the executive session, and consequently openly opposed the decision.
When the decision was put to voice vote, the first time, it was not quite clear who had the day between the ayes and nays, thus prompting the Senate President to put the question the second time.
This time around, Mark demanded to have the decision from the Senate Leader, Ndoma-Egba and to personally read it out. By now the atmosphere was charged, senators became uncontrollable, most of them left their seats, moved freely across their friends to form groups to discuss the matter, some on top of their voices.
The floor became really rancorous. Abe kept shouting, pacing up and down and in the process exhibited unbridled anger as he kept charging at the Senate President, accusing him of wrongful decision. Mark on his part was calm and busy holding series of courts with some of the principal officers to resolve the imbroglio.
He met with one group after another as he tried to seek a way out of the rather messy situation. After much horse-trading and consultations, the resolution was amended to read that, "The Senate urges the IGP to take immediate steps to address the issue of the broken relationship between the Rivers State Commissioner of Police and the state governor."
After very passionate and persuasive appeals for the senators to understand the implication of their voting and that a nay vote would mean an automatic death to the resolution, the Senate President again put the issue to vote.
"Before I put the question, we must be conscious of the fact that the IGP has operational responsibility over the Police and in making our recommendations we make sure that we make recommendations that in the position of the IGP with his operational capability he would make a judgement that will be in the interest of the police. "So, I just to want caution before we make a resolution that may appear to be difficult or contravene the operational responsibility of the IGP," Mark said.
The verdict by Mark subsequently, that the ayes had the day prompted Senator Babajide Omoworare (Osun East) to immediately jump up from his seat to challenge the ruling, citing order 73 of the Senate standing rule and calling for a division.
By this time the Senate became further charged as the house became divided between the majority and opposition. Efforts by the Deputy Senate President Ike Ekweremadu to avert a possible division of the house by calling for point of order and asking Mark not to proceed with the division proved abortive as Omoworare insisted on challenging the ruling of the Senate President.
Not even several wise appeals by some opposition members to allow the sleeping dog lie could make Omoworare change his mind as he was hell-bent on the division.
Following this development, Mark invited the Clerk of the Senate who called for the clearing of the lobby, to signal the division and commencement of individual voting on the matter. At the end of the voting, the ayes again carried the day as they polled 50 votes to the 47 polled by the nays, while four senators abstained, seven absented.
An obviously enraged Mark was nonetheless able to control his anger as he proceeded to deliver the following words of wisdom. "I believe that this issue of the relationship between the Rivers Governor and the Rivers CP should not have taken this turn but however, we have exercised our legislative rights once more.
We are looking at the nation not at Rivers State. Whatever decision we take here is in the best interest of democracy and in the best interest of the nation.
On that basis, I would like to read the amended resolution by the Leader." What actually happened during the voting was clearly a replay of the politics of All Progressives Congress, APC, versus the ruling Peoples Democratic Party, PDP, as voting visibly took place along that political line.
National Mirror
Rivers State has always been known for its peacefulness and calmness and all of a sudden all this is happening? Dissappointing!