Celestine Omehia: Conspiracy of fraud on Rivers people

Few days ago, we read that the Rivers State House of Assembly has passed a Bill de-recognising Mr. Celestine Omehia as a former Governor of Rivers State and the Bill was assented to the next day by Governor Nyesom Wike. In his address to the press, the Governor stated that he was only recently advised that the Rivers State House of Assembly was wrong when in 2015 the House passed a Bill to recognise Mr. Celestine Omehia as a former Governor of the State. Mr. Nyesom Wike was the Governor of Rivers State in 2015.

Mr. Nyesom Wike is a lawyer. He is also a member and Life Bencher of the Body of Benchers, which is the body of highest distinction in the legal profession. It cannot also be disputed that Rivers State did not have Attorneys General from 2015 till date, when the error was allegedly discovered. Omehia has been directed by the Rivers State Government to refund more than N600, 000,000 back to the coffers of Rivers State government within seven days. There is an appeal on the issue of Governors’ pension pending at the Supreme Court of Nigeria, where I challenged the constitutionality of some provisions of the Governors and Deputy Governors Pension Law of Delta State. Most of the States in Nigeria have same law where most of the provisions of the laws are in material conflict with the provisions of Sections 124(1), (2), (3) & (4) of the Constitution of the Federal Republic of Nigeria,1999, Cap C23, LFN 2010, Section 6(d) of the Revenue Mobilization, Allocation and Fiscal Commission Act, Cap R7, LFN, 2004 2, and Section 3(p) of the National Salaries, Incomes and Wages Commission Act, Cap N72, LFN,2004, and therefore unconstitutional.

The salaries, allowances, pensions and other benefits that are paid to serving and former Governors and their Deputies do not have the input of the National Salaries, Income and Wages Commission and the Revenue Mobilization, Allocation and Fiscal Commission. Section 124(1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, provides that “There shall be paid to the holders of the offices mentioned in this section such remuneration and salaries as may be prescribed by a House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilization Allocation and Fiscal Commission. Section 124(5) of same 1999 Constitution provides also that “Provisions may be made by a law of a House of Assembly for the grant of a pension or gratuity to or in respect of a person who had held office as Governor or Deputy Governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provision made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the State.

By virtue of the Governors Pension Law passed by the various States, former Governors are “unconstitutionally” entitled, as follows (1) an officer not below Grade Level 12 shall be the Administrative Officer (2) a personal Secretary not below Grade Level 09 who shall be selected by the former Acting Governor and paid by the State Government (3) two armed policemen (4) one State Services Officer to be attached for life and paid by the Department of State Services (5) one vehicle to be provided by the State Government and replaced every four years, with a driver to be selected by the former Acting Governor but paid by the State Government (6) free within Nigeria medical treatment for the former Acting Governor and his immediate family (number not limited) (7) treatment abroad for former acting Governor and his immediate family where necessary at the State Government expense (8) a well-furnished and equipped office in any location of his choice in the State (9) one direct telephone line provided at the expense of the State Government.

Nigeria’s debt is now at more than N40 Trillion. The nation is bleeding from corruption. Profligacy continues while Nigeria will be borrowing more than N6 Trillion naira to fund the 2023 budget. The purported election of Celestine Omehia having been declared null and set aside by the Supreme Court of Nigeria, he was never and can never in law be deemed to be a former Governor of Rivers State. Therefore, the Government of Rivers State must be held culpable for the gross violation of the provisions of the Constitution in paying Celestine Omehia the sums alleged. The people of Rivers State were robbed by the Governor and the House of Assembly. They should be the ones to refund every money paid Celestine Omehia, who only obeyed a purported law enacted by the Rivers State Government.

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