Senior Advocate of Nigeria, SAN, Robert Clarke said
President Bola Tinubu does not have a constitutional right to in the Rivers State political crisis between
Rivers State governor, Siminalayi Fubara, and the Federal Capital Territory
(FCT) Minister, Nyesom Wike.
Clarke said this in an interview with Arise Television on
Tuesday.
He said, “The constitutional role of the President in all
this fracas – there should have been none. Because we were not expecting it,
none has been provided for.
“The only time, the only constitution that allows the
Federal government to put its mouth in a local thing is during the first
republic when a declaration of emergency was declared in the west.”
“The president has no power, he knows that. The best legal
brain cannot help him. You can’t bring Robert Clarke to come and change the law
to enable the president to come and intervene. Under what constitutional
provisions? So, the law by itself as of today did not provide (a constitutional
right for Tinubu to intervene in State matters).”
Clarke further said, “The situation of godfatherism has
arisen because of what we have on ground, because we don’t have independent
candidates. If an independent candidate had won the Local Government election
in Nigeria, will the governor call him? Which party will discipline him if he
does not answer?
“The question of independent candidates if attached and
fought well for will not give rise to godfatherism. So, let us try and start
from that which is necessary for us to survive our matters.”
The elder statesman said the constitution should be amended
in particular areas, saying, “Once you do those three areas in Nigeria today, I
can assure you, you won’t hear about any court cases. Number one, Local
government. Number two, election- who can belong to a party, and why should a
party be a dominant factor in elections in Nigeria? Once we can sift these
three things, this country will move forward.”
On the demolition of the Rivers State House of Assembly, the
lawyer said, “A governor cannot wake up in the morning and call his utility
man, go and break that door. The man will ask him, where is the authority of
the Local government? We don’t have such.
“The problem is that we Nigerians, we have allowed the
politicians to subdue us with money, and that money is what is killing all of
us. That money is killing all the elders. All the elders in Rivers State today,
those who are supporting this, it’s all money, don’t listen to them.
“The violation of rights in Rivers State can be rectified by
the people of Rivers State themselves. Let the big men in Rivers State, let
them come out, call a rally, tell the people that we cannot continue to live
when the properties of the state is being broken down by politicians.”
Clarke said the idea of independent candidacy in elections,
where one is free from political party affiliations, will solve majority of the
political issues in Nigeria.
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