Emperor Wike and the Executive order

By Carl Umegboro

RIVERS State governor, Ezenwo Nyesom Wike has made history. The history is spectacular in the sense that the dramatis persona is not a layman, but chose to act like one. The governor by his actions has become the lawmaker, accuser and the judge by the demolition of citizens’ property merely by Executive bill he signed into law. To the governor, the Executive bill has replaced the court of law that is the final arbiter. Indeed, this is the height of tyranny in public service.

The questions begging for answers from the governor are; firstly, could an executive make laws, executive and apply sanctions arbitrarily to the defaulters without recourse to the court of competent jurisdiction?  The second is about the principles of natural justice; no one can be a judge in his own cause (nemo judex in causa sua) and, then right to fair-hearing which demands that you must hear the other side (audi alteram partem).

No doubt, the exception to the principles of natural justice is public interest. But the question is; must the buildings be demolished when the government could actually seal them up and prosecute the violators of the laws? The action of the state government leaves much to be desired of a democratic government. I am sure that if Presidential Executive orders was carried out in such barbaric manners, the hostility from opposition including from Wike may shake the foundation of the country that democracy has collapsed.

Certainly, the demolition of two hotels and auctioning of vehicles that allegedly violated the Executive order is not only unlawful but the height of draconian regime. It implies that President Muhammadu Buhari can put up his own Executive order and arbitrarily remove Nyesom Wike as Rivers governor against the laid down procedures. Gov. Wike, where is rule of law in your actions?

Instructively, Executive orders merely create legal or lawful obligations with sanctions, and not conviction or sentence which is entirely judicial duties. It is only a court of competent jurisdiction that spells verdicts for execution.

From reports, residents in the state have been caged in the houses beyond lockdown specifications in any country of the world. People are more or less under house arrests in Rivers under draconian orders of the governor. The question is; is Wike pursuing personal agendas particularly a show of power or is the actions truly targeted towards the fight of the Corona virus pandemic? Something is believably wrong somewhere.

Recently, Wike aimlessly bundled oil workers into custody but out of pressure from PENGASSIN, suddenly released them against his wish. Again, about 1,800 bags of rice the federal government allocated to Rivers were rejected with flimsy excuses. The most ridiculous one was that “Rivers people don’t like rice or ask for rice but preferred garri”. And without seeing the rice, he labeled them expired rice and added that the rice was sent to adjacent state. These reasons are childish when masses are suffering. Despite the pride, he locked Rivers people indoors without provisions and palliatives.

Obviously, the greatest problem in the society is deceits and insincerity. Imagine how heated the country would have been particularly from oppositions if such draconian actions were attempted by the presidency. Certainly. International Court of Justice would have received a petition. But everywhere is quiet as if nothing happened.  

Governor Wike had imposed a 24-hour lockdown in the state from Thursday 7th May 2020 until further notice as part of the state government’s measures to check the spread of coronavirus. A sensitive government ought to put themselves in the shoes of the poor and struggling population in the state that earn their living through daily struggles.

A wise leader would have taken delivery of the 1,800 bags of rice federal government released for the poor class in the state without politicizing it. Yet, he rejected the palliatives for the masses and locked them up in their houses in empty bellies but living sumptuously in the Government House with his household. What an inhumanity to man. Governor Wike should learn from Mr. Peter Obi, former governor of Anambra state who used humility, lobbying and diplomacy to get attentions from the then President, Dr. Goodluck Jonathan without belonging to the President’s ruling party and ended up adding so much values in his administration.

Arguably, Wike has leadership paucities as far as democracy is concerned. Probably, he misconstrues public service for power tussles or show of muscles, and that possibly accounts for his unending fights with Minister of Transportation, Rotimi Amaechi when the minister’s good position would have been leveraged to add values to Rivers people. Who is at a great loss; Rivers people.

Wike cautioned landlords that no shop or trading activity will be opened or carried out in or around their premises or they risk the confiscation of their property by the government. And like play, he carried out the threats under the guidance of the Nigerian Police and other law enforcement agencies. Diplomacy is key in leadership.

No doubt, by the rising figures of confirmed cases of the pandemic around the world including Nigeria, precautionary measures are requisite. However, it didn’t give anyone powers to act arbitrarily and become Hitler of Nigeria. People that violated laws should be made to face the wrath of the law accordingly. Nonetheless, in doing that, the court remains the final arbiter. The court would look at the offences and adjudicate on them. That’s the legal way, and not the governor taking laws into his hands as the accuser, judge and enforcer.

As it stands, the appropriate action for the victims is to seek legal redress in the court of law. The simple truth is; Wike goofed big time. And accordingly, Rivers state government may pay dearly for his excesses and extremism if pursued. The government has no legal right to demolish people’s property or auction vehicles for violating Executive orders except there is a court order to that effect. This is not a military rule.

Umegboro is a public affairs analyst and Associate, Chartered Institute of Arbitrators (United Kingdom), and can be reached via carl@carlumegboro.com