NIGERIAN GOVERNORS FORUM TAKEN TO COURT BY ACTIVISTS...

Annkio Briggs

Idaye Opi

TWO Niger Delta activists, Mr. Idaye Opi and Annkio Briggs, have filed a suit at an Abuja High Court seeking a declaration that the Nigerian Governors’ Forum should be disbanded.

The plaintiffs want the court to declare that the interferences of the Nigerian Governors’ Forum, as a pressure group in the decision and policy making of the Federal Government, are outside the powers of executive governors of the respective states in accordance with the provisions of the 1999 Constitution.

Listed as defendants in the originating summons are the listed registered trustees of the Nigerian Governors’ Forum, Corporate Affairs Commission (CAC) and the Registrar General, CAC

The plaintiffs are praying the court to declare that a governor of a state in the Federal Republic of Nigeria is the chief executive of that state, hence, cannot either on his free accord or otherwise, actively participate in the formation and executing functions in any capacity whatsoever of any private association outside the contemplation of the 1999 Constitution as amended or any other law for the time being in force in Nigeria.

Both Opi and Briggs, who are from Rivers State, want the court to determine whether in pursuant to the provisions of the 1999 Constitution and the oath of office contained in the 7th Schedule to the constitution, a governor of a state, together with other governors in Nigeria, can actively participate in the formation and execution of functions, in any capacity whatsoever, of any private association outside the contemplation of the Constitution.

They also are praying the court to determine whether in pursuant of the aforementioned 7th Schedule to the Constitution, the interferences of elected governors in Nigeria as a pressure group, through the Nigerian Governors’ Forum, in the decision and policy making of the Federal Government are constitutional, owing to the fact that Nigeria is a federation with a constitutional system of checks and balances.

Another issue, which they seek the court to determine is whether there exists a conflict of interest or, in the alternative, a likelihood of such conflict between the operations of the Governors’ Forum of Nigeria and the responsibilities of an elected governor under the constitution.

In their affidavit in support of the originating summons, the plaintiffs complained that the governors, who are members of the forum, tend to be giving more attention and time to running of an agenda of the forum irrespective of their enormous constitutional duties.

They argued that the governor of a state, being a creation of the 1999 Constitution, has defined bounds of authority, which is basically within his state. According to them, the said constitution, which provides for the powers of the governors of a state of the federation, does not anywhere mention or create the Nigerian Governors’ Forum.

The plaintiffs further said that there is no law from the National Assembly or the various Houses of Assembly creating the Nigerian Governors’ Forum or granting anybody holding the office of the governor of a state the power to join or fund the association.

The plaintiffs listed a few instances of the Nigerian Governors Forum interferences in the policy making of the Federal Government to include initiation of the removal of fuel subsidy that almost destabilised the country in January 2012 and opposition to autonomy for local councils in Nigeria.

(SOURCE –THE GUARDIAN)