Elder statesman and legal luminary, Robert Clarke (SAN), emphasized that President Bola Ahmed Tinubu lacks any constitutional authority to intervene in the ongoing Rivers State controversy and power struggle involving Governor Siminalayi Fubara and the Federal Capital Territory (FCT) Minister, Nyesom Wike.
In an interview with ARISE NEWS on Tuesday, Clarke underscored the importance of embracing the concept of independent candidacy in elections, asserting that this approach, which allows individuals to run without political party affiliations, could address a significant portion of the political challenges facing Nigeria.
Responding to the question of the presence of the president’s constitutional role to intervene in state matters, Clarke 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).”
He added “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, Robert Clarke (SAN), further advocated for specific amendments to the constitution, highlighting three critical areas. He expressed, “Once you do those three areas in Nigeria today, I can assure you, you won’t hear about any court cases.”
The identified areas for amendment included local government restructuring, revisiting election regulations to redefine party influence, and scrutinizing the dominance of political parties in Nigerian elections.
Clarke also addressed the controversial demolition of the Rivers State House of Assembly ordered by Governor Siminalayi Fubara, who claimed it was for renovation purposes. Clarke criticized the governor’s action, stating, “A governor cannot wake up in the morning and call his utility man, go and break that door.” He emphasized the need for adherence to legal processes and questioned the absence of authority from the local government in such decisions.
The seasoned lawyer attributed some of Nigeria’s challenges to the influence of money in politics, stating, “We Nigerians, we have allowed the politicians to subdue us with money, and that money is what is killing all of us.” Clarke urged the people of Rivers State to take a stand against the violation of rights and property, encouraging influential figures to organize rallies and resist the destruction of state assets by politicians.