THE CHALLENGES OF PUBLIC
ADMINISTRATION: THE CASE OF RIVERS STATE
As Nigeria celebrates Africa Public Service Day with other nations, studies and keen observation have revealed the development of Nigeria’s political system and her constitutions since independence. Tremendous progress have been recorded in terms of growth and stability in the application of the rules of engagement in a democracy, especially in the past 16 years of the Fourth Republic. This was facilitated by the 1999 Constitution with all its frailties.
One of the challenges of public administration is therefore the inadequacies of the rules and their provisions, in this case the 1999 Constitution. Without referring to other states I deliberately chose Rivers State where many of these inadequacies manifested. To acknowledge the aforesaid inadequacies of the constitution, it has gone through a fourth amendment so far. Yet, there are many other sections glaring with unresolved controversies and remain un-amended till date, except the Supreme Court pronouncements on them. I want to cite two major ones which are impeachment (removal) as provided in s.188 and defection in s.68(1)(g). There is hardly any of the 36 states that has not experienced these phenomena. The third challenge which is not provided by the constitution and therefore could not be resolved by amendment is high cost of governance.
As hinted earlier Rivers State witnessed many of the intriguing flash points and consequently rich opportunity for studies on legal challenges in public administration. Most, if not all commonwealth countries practice constitutional democracy, and it has become a global contemporary issue.
Perhaps the most critical point to start the discussion is a brief background of the election that produced Governor Chibuike Rotimi Amechi in 2007. It was an election that produced a strange and unexpected result when the Supreme Court declared Amechi winner having not contested or participated in the election. He became governor by default, as Omehai who flew the PDP gubernatorial flag failed to comply with the rules. The Supreme Court ruled that since the votes cast in an election belong to the party on whose platform the candidate ran, the runner-up in the race became the beneficiary of those votes thereby stepping into the shoes of Omehai.
The aftermath of the Supreme Court decision and the controversy led to calls for the amendment of the Electoral Act. The amendment came through s.144 of Electoral Act 2010 to cure the effect of imposing candidates who did not fully participate in all electoral processes leading to an election. Nevertheless, it has been argued that as long as votes cast at an election remain the proprietary rights of parties “participation” can be interpreted by the party concerned.
It was this controversial judgment that ushered in Rotimi Amechi as governor of Rivers State. The controversy soon faded away since it was a pronouncement of the highest court in the land. However, militancy was raging in the Niger Delta area including Rivers State and became controversial topical news. The federal government’s response was confrontation. Not much positive results came from this option raising the review for alternative options.
Therefore when Umaru Musa Yar’Adua was elected president in 2007 he opted for a constitutional resolution of amnesty under s.175 of the 1999 Constitution. However, granting presidential amnesty under that section is meant for convicted criminals. President Yar’Adua offered presidential amnesty without trial of those militants he offered to grant amnesty. In Amechi’s view it was wrong and he said so eloquently at various fora that nominal charge and conviction were prerequisites for granting presidential amnesty; otherwise it would amount to odd application of the section. Even as president Jonathan went ahead to implement the amnesty strategy without trial Amechi stood his ground on the issue.
One of the primary purposes of government is the provision of security to citizens and everyone in the state. This power is vested in the Nigerian Police by s.214 of the 1999 Constitution. In the same vein the governor becomes the Chief Security Officer of the state. It is an irony that the governor at the pinnacle of this security organization chart in the state does not have constitutional backing to control police personnel posted and serving in his state. The adverse effect of that manifested in Rivers State when Governor Amechi failed to control Police Commissioner Joseph Mbu when security challenges arose in the state. It became obvious that the glaring disobedience of the governor’s directions and requests begs the question: could any of the commissioners appointed and serving in Rivers State disobey the governor and still remain in office?
The research I recommend for post-graduate studies on public administration is to find a balance between control of the police by the governor without making them state police. This subject is important if you consider the rise and fall of Senator Chris Ngige as PDP elected governor of Anambra state following the hedging out of Governor Chinwoke Mbadinuju. The subject assumed a more dangerous dimension when Governor Chris Ngige was stripped off police escort and security. And you ask the question: how can a governor without security offer or provide security to the entire citizenry in the length and breadth of the state?
Then came the removal/suspension of Local Government Chairmen and councilors in River State, and of course across the entire country, were they constitutional? Maybe a few amendments to stem governors’ power to remove local government elected officers and replace them with transition staff.
In the course of hostilities at the state Assembly that led to fracas in the house and therefore ceased to perform their legislative duties. How could they have performed their legislative duties when about a dozen of them were scattered at various hospitals and medical centers in Nigeria and abroad? The legal consequences of that was a take-over of its legislative duties by the national assembly under s.11(4) of the 1999 Constitution. There was a major learning curve from the outcome of the court action when the Supreme Court ruled that the act was unconstitutional.
Perhaps the straw that broke the camel’s back was the National Judicial Council (NJC) and governor Amechi with reference to appointment of Chief Judge of the state. The modalities of achieving this is set out in s.271(1) of the 1999 Constitution thus: “The appointment of a person to the office of Chief Judge of a state shall be made by the Governor of the state on the recommendation of the NJC subject to the confirmation of the appointment by the House of Assembly of the state.” The interpretation of this section which eminent scholars have concluded to be political, gave rise to conflicts, litigation, suspensions, legislation (amendments) and logjam.
The issues that featured in the unfolding melodrama and diverse comments turned on “recommendation” and “appointment” being two different entities belonging to two characters in the scheme. The analyses led to confusion that held sway as to whether Justice Peter Agumagu, then at the helm of affairs at the Customary Court of Appeal could be properly ‘transferred’ to head the State High Court as Chief Judge? The Federal High Court objected to that initiative. It was not a voting matter of “Aye or No”? It would have been easier to determine if the provision allowed the NJC’s advice and consent but that was not the case.
That the Chief Justice of the Federation went ahead to appoint an administrative judge to fill the vacuum was salt to injury. In reaction the agitating government amended the State High Court Procedure Rules assigning the functions of CJ and Administration Judge to the Chief Registrar. That piece of legislation is probably the first legal obstacle cleared by the Rivers State legislature on inauguration.
Before that , governor Nyesom Wike had in a swift provided by his inauguration appointed an Acting CJ, in accordance with s.271(4) president Customary Court of Appeal. He had also declared financial autonomy for Rivers State judiciary which judgment was JUSUN’s reason for going on strike for several months. So in a jiffy all the logjam was swept aside leading to the conclusion in many quarters that the civil service, whether in uniform or civil failed in their responsibility as disciplined and neutral career civil servants.
The civil service is a very important institution from colonial days to the present time. Each passing era has civil servants that held the government together in their efforts to serve the people that elected them or none elected dictators. It is difficult to exonerate the civil servants in all the challenges that faced Rivers State public service especially in the second tenure of Governor Rotimi Amechi’s administration. These are some of the challenges civil service face across the federation.
Iyke Ozemena
IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultant
www.corporateleadersboard.ning.com
www.facebook.com/corporateboard.corporateboard
amazon.com/iyke ozemena books
http://www.amazon.com/dp/B0075RXXLE COMPANY SECRETARIES HANDBOOK
http://www.amazon.com/dp/B005783S6S DIRECTORS http://www.amazon.com/dp/B005MKCESY MEETINGS: Dynamics and Legality
www.corporateleadersboard.blogspot.com
As Nigeria celebrates Africa Public Service Day with other nations, studies and keen observation have revealed the development of Nigeria’s political system and her constitutions since independence. Tremendous progress have been recorded in terms of growth and stability in the application of the rules of engagement in a democracy, especially in the past 16 years of the Fourth Republic. This was facilitated by the 1999 Constitution with all its frailties.
One of the challenges of public administration is therefore the inadequacies of the rules and their provisions, in this case the 1999 Constitution. Without referring to other states I deliberately chose Rivers State where many of these inadequacies manifested. To acknowledge the aforesaid inadequacies of the constitution, it has gone through a fourth amendment so far. Yet, there are many other sections glaring with unresolved controversies and remain un-amended till date, except the Supreme Court pronouncements on them. I want to cite two major ones which are impeachment (removal) as provided in s.188 and defection in s.68(1)(g). There is hardly any of the 36 states that has not experienced these phenomena. The third challenge which is not provided by the constitution and therefore could not be resolved by amendment is high cost of governance.
As hinted earlier Rivers State witnessed many of the intriguing flash points and consequently rich opportunity for studies on legal challenges in public administration. Most, if not all commonwealth countries practice constitutional democracy, and it has become a global contemporary issue.
Perhaps the most critical point to start the discussion is a brief background of the election that produced Governor Chibuike Rotimi Amechi in 2007. It was an election that produced a strange and unexpected result when the Supreme Court declared Amechi winner having not contested or participated in the election. He became governor by default, as Omehai who flew the PDP gubernatorial flag failed to comply with the rules. The Supreme Court ruled that since the votes cast in an election belong to the party on whose platform the candidate ran, the runner-up in the race became the beneficiary of those votes thereby stepping into the shoes of Omehai.
The aftermath of the Supreme Court decision and the controversy led to calls for the amendment of the Electoral Act. The amendment came through s.144 of Electoral Act 2010 to cure the effect of imposing candidates who did not fully participate in all electoral processes leading to an election. Nevertheless, it has been argued that as long as votes cast at an election remain the proprietary rights of parties “participation” can be interpreted by the party concerned.
It was this controversial judgment that ushered in Rotimi Amechi as governor of Rivers State. The controversy soon faded away since it was a pronouncement of the highest court in the land. However, militancy was raging in the Niger Delta area including Rivers State and became controversial topical news. The federal government’s response was confrontation. Not much positive results came from this option raising the review for alternative options.
Therefore when Umaru Musa Yar’Adua was elected president in 2007 he opted for a constitutional resolution of amnesty under s.175 of the 1999 Constitution. However, granting presidential amnesty under that section is meant for convicted criminals. President Yar’Adua offered presidential amnesty without trial of those militants he offered to grant amnesty. In Amechi’s view it was wrong and he said so eloquently at various fora that nominal charge and conviction were prerequisites for granting presidential amnesty; otherwise it would amount to odd application of the section. Even as president Jonathan went ahead to implement the amnesty strategy without trial Amechi stood his ground on the issue.
One of the primary purposes of government is the provision of security to citizens and everyone in the state. This power is vested in the Nigerian Police by s.214 of the 1999 Constitution. In the same vein the governor becomes the Chief Security Officer of the state. It is an irony that the governor at the pinnacle of this security organization chart in the state does not have constitutional backing to control police personnel posted and serving in his state. The adverse effect of that manifested in Rivers State when Governor Amechi failed to control Police Commissioner Joseph Mbu when security challenges arose in the state. It became obvious that the glaring disobedience of the governor’s directions and requests begs the question: could any of the commissioners appointed and serving in Rivers State disobey the governor and still remain in office?
The research I recommend for post-graduate studies on public administration is to find a balance between control of the police by the governor without making them state police. This subject is important if you consider the rise and fall of Senator Chris Ngige as PDP elected governor of Anambra state following the hedging out of Governor Chinwoke Mbadinuju. The subject assumed a more dangerous dimension when Governor Chris Ngige was stripped off police escort and security. And you ask the question: how can a governor without security offer or provide security to the entire citizenry in the length and breadth of the state?
Then came the removal/suspension of Local Government Chairmen and councilors in River State, and of course across the entire country, were they constitutional? Maybe a few amendments to stem governors’ power to remove local government elected officers and replace them with transition staff.
In the course of hostilities at the state Assembly that led to fracas in the house and therefore ceased to perform their legislative duties. How could they have performed their legislative duties when about a dozen of them were scattered at various hospitals and medical centers in Nigeria and abroad? The legal consequences of that was a take-over of its legislative duties by the national assembly under s.11(4) of the 1999 Constitution. There was a major learning curve from the outcome of the court action when the Supreme Court ruled that the act was unconstitutional.
Perhaps the straw that broke the camel’s back was the National Judicial Council (NJC) and governor Amechi with reference to appointment of Chief Judge of the state. The modalities of achieving this is set out in s.271(1) of the 1999 Constitution thus: “The appointment of a person to the office of Chief Judge of a state shall be made by the Governor of the state on the recommendation of the NJC subject to the confirmation of the appointment by the House of Assembly of the state.” The interpretation of this section which eminent scholars have concluded to be political, gave rise to conflicts, litigation, suspensions, legislation (amendments) and logjam.
The issues that featured in the unfolding melodrama and diverse comments turned on “recommendation” and “appointment” being two different entities belonging to two characters in the scheme. The analyses led to confusion that held sway as to whether Justice Peter Agumagu, then at the helm of affairs at the Customary Court of Appeal could be properly ‘transferred’ to head the State High Court as Chief Judge? The Federal High Court objected to that initiative. It was not a voting matter of “Aye or No”? It would have been easier to determine if the provision allowed the NJC’s advice and consent but that was not the case.
That the Chief Justice of the Federation went ahead to appoint an administrative judge to fill the vacuum was salt to injury. In reaction the agitating government amended the State High Court Procedure Rules assigning the functions of CJ and Administration Judge to the Chief Registrar. That piece of legislation is probably the first legal obstacle cleared by the Rivers State legislature on inauguration.
Before that , governor Nyesom Wike had in a swift provided by his inauguration appointed an Acting CJ, in accordance with s.271(4) president Customary Court of Appeal. He had also declared financial autonomy for Rivers State judiciary which judgment was JUSUN’s reason for going on strike for several months. So in a jiffy all the logjam was swept aside leading to the conclusion in many quarters that the civil service, whether in uniform or civil failed in their responsibility as disciplined and neutral career civil servants.
The civil service is a very important institution from colonial days to the present time. Each passing era has civil servants that held the government together in their efforts to serve the people that elected them or none elected dictators. It is difficult to exonerate the civil servants in all the challenges that faced Rivers State public service especially in the second tenure of Governor Rotimi Amechi’s administration. These are some of the challenges civil service face across the federation.
Iyke Ozemena
IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultant
www.corporateleadersboard.ning.com
www.facebook.com/corporateboard.corporateboard
amazon.com/iyke ozemena books
http://www.amazon.com/dp/B0075RXXLE COMPANY SECRETARIES HANDBOOK
http://www.amazon.com/dp/B005783S6S DIRECTORS http://www.amazon.com/dp/B005MKCESY MEETINGS: Dynamics and Legality
www.corporateleadersboard.blogspot.com
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