A Tale of Two Governors (Fubara and Sanwo-Olu): PBAT and AGF’s new crime of “tele-guiding” and the unequal penalties for offenders

By Tonye Clinton Jaja

Yesterday, a very senior Editor of THISDAY LAWYER, who is a lawyer invited me to write an article about the ongoing State of Emergency in Rivers State.

So that I would not be accused of being emotional or sentimental because Governor Fubara and myself are both indigenes of Opobo Kingdom of Rivers State, I will simply submit facts here and allow the readers to draw their own conclusions.

The major argument and assertion that I am making is that, assuming though not conceding that Governor Fubara has committed any offence(s), is his suspension and declaration of a State of Emergency, the only penalty (out of many other available penalties) that ought to be imposed?

And why was the same penalty not imposed upon the Governor of Lagos State, (and Obasa) who committed a similar offence?

First of all, I am of the firm conviction that His Excellency Mr President is in violation of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 because the conditions precedent have not been met before he went ahead to proclaim a State of Emergency in Rivers State.

The four conditions that I have identified which means that the Proclamation of the said State of Emergency is in violation of various sections of the Constitution of the Federal Republic of Nigeria, 1999 and other relevant laws are as follows:

1. Violation of Section 42 of the Nigerian Constitution by preventing our members who are both staff of the Rivers State House of Assembly and the Rivers State Government House, (other officials of the Executive Arm of the Rivers State Government such as Commissioners, Office of the Secretary to the Rivers State Government, etc.) to be involved in gainful employment to earn money to be utilised in acquisition of property through mortgage, etc.;
2. The said Gazette dated 18th March 2025 which purports to appoints a Sole Administrator is a direct violation of section 1(2) of the Constitution of the Federal Republic of Nigeria, 1999″ the federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this constitution “;
3. There is no Resolution of the National Assembly in support of the said Gazette as stipulated under Section 305 of the Nigerian Constitution; and
4. There is no primae facie evidence of failure of the said Governor of Rivers State in performance of his duty since after the judgment of the Supreme Court of Nigeria dated February 28th 2025. Therefore, pursuant to the provisions of Freedom of Information Act, 2011, which entitles our both individuals and Non-governmental Organisations to any such documented evidence of dereliction of duty by the said Governor of Rivers State which is a condition precedent before the publication of a Gazette under Section 305 of the Nigerian Constitution.

In a Press Statement issued after the Proclamation of the State of Emergency in Rivers State, the Hon. Attorney-General of the Federation (AGF), has stated that in addition to other offences, Governor Fubara is guilty of “Tele-Guiding” the actions of militants who blew up crude oil pipelines in Rivers State.

This is in addition to the allegation that Governor Fubara also “Tele-Guided” and prevented the functioning of the Rivers State House of Assembly.

With due respect to the AGF, who is a Senior Advocate of Nigeria-SAN, first of all you cannot create a new offence of “Tele-Guiding”, which is not defined in any written offence and then punish the said Governor Fubara on such an offence without any empirical evidence that Governor Fubara committed said offence.

The AGF’s statement is in violation of Section 36(12) of the 1999 Constitution of Nigeria, as amended, which states that a person cannot be convicted of a criminal offense unless that offense is defined and the penalty prescribed in a written law, which includes Acts of the National Assembly, State laws, and subsidiary legislation.

More importantly, the penalty imposed upon Governor Fubara is different and more punitive than Governor of Lagos State who also committed a similar offence of “Tele-Guiding” the Lagos State House of Assembly members to impeach Obasa on 13th January 2025.

Subsequently, Obasa used armed police men to reclaim his position as Speaker of the Lagos State House of Assembly.

In clear violation of the terms of agreement negotiated by His Excellency, Mr. President, Obasa has up till today refused to withdraw the lawsuit that he filed in court.

And even before the settlement meeting with Mr. President himself, Mr. President explored the option of sending emissaries headed by former Governor Akande to meet with Governor Sanwo-Olu, Obasa and legislators of the Lagos State House of Assembly and other stakeholders, to resolve the issues.

So it was not a one-off effort, His Excellency Mr President applied several efforts until an amicable resolution was arrived at in the case of Lagos State!!!

These steps or similar approach were not applied to the crisis in Rivers State!!!

During the week of 12th March 2025, at the meeting held at the Aso Rock, His Excellency Mr President admitted that Governor Sanwo-Olu, was guilty of the crime of “Tele-Guiding” when he was reported to say:

“I See Sanwo-Olu’s Hand In Obasa’s Impeachment And I’m Not Comfortable He Could Be That Powerful,’ Tinubu Tells Lagos Assembly Members” as reported by an online newspaper.

However, till today Governor Sanwo-Olu has not received the same penalty for “Tele-Guiding” that was imposed upon Governor Fubara.

The AGF, started off on a good note, when in the year 2023, he coined the phrase: “legislative fiat” to condemn the National Assembly for enactment of the National Anthem law without prior conduct of public hearing or referendum.

It appears now that the AGF is not as impartial or objective to condemn His Excellency Mr President of committing a similar crime of proclamation of a State of Emergency in Rivers State by way of an “EXECUTIVE FIAT” without taking time to obtain complete empirical evidence against Governor Fubara or conducting a public hearing or referendum to ascertain the public perception.

AGF has not even advised the President of waiting to obtain the two-thirds majority votes of members of the National Assembly before he published the Gazette containing the Proclamation of the State of Emergency in Rivers State.

So it implies that it is either:

1. It is a foregone conclusion that the National Assembly would support the President, which then provides evidence of the sobriquet of the current National Assembly as a “rubber stamp” legislature; and
2. Both the President and the AGF do not give a hoot about strict compliance with the provisions of the Nigerian Constitution!!!

The AGF should bear in mind that he occupies a significant position in the Federal Government of Nigeria by virtue of his current position.

The current AGF is the 24th AGF in the history of Nigeria. He holds the pen, and by his words and actions, he can either inscribe his name in gold or in infamy.

Let me conclude by stating that amongst the previous AGFs, Senator Godwin Kanu Agabi, SAN is one who still commands respect and a positive reputation amongst lawyers!!!!

Below is the list of the former AGFs:

1. HON. JUSTICE TASLIM ELIAS ,CFR, GCON (1960 – 1966);
2. CHIEF G.I.M ONYIUKE, SAN (1st March 1966 – 29th July 1966);
3. DR. NABO GRAHAM DOUGLAS, SAN (1966 – 1972);
4. HON. JUSTICE DAN IBEKWE (1972 – 1975);
5. HON. JUSTICE AUGUSTINE NNAMANI, CON (1975 -1979);
6. CHIEF RICHARD O.A AKINJIDE, SAN (979 -1983);
7. MR KEHINDE SOFOLA, SAN (Oct 1983 – Dec. 1983);
8. MR. CHIKE OFODILE, SAN (1984 – Aug. 1985);
9. PRINCE BOLA AJIBOLA, SAN (12th Sept. 1985 – 4th Dec. 1991);
10. CHIEF CLEMENT AKPAMGBO, SAN (1991 – 1993);
11. DR. OLU ONAGORUWA (993 – 1994);
12. CHIEF. MICHAEL A. AGBAMUCHE, SAN (994 – 1997);
13. MR. ACHIJI ABDULLAHI IBRAHIM, OFR, SAN (1997 – May 1999);
14. HON. KANU GODWIN AGABI, SAN (June 1999 – Jan. 2000);
15. 15 CHIEF BOLA IGE, SAN (3rd Jan. 200 – 23rd Dec. 2001);
16. HON. KANU GODWIN AGABI, SAN (2002 -2003);
17. CHIEF AKIN OLUJIMI, SAN (July 2003 – July 2005);
18. CHIEF BAYO OJO, SAN, FCI ARB, (UK) (July 2005 –July 2007);
19. CHIEF MICHAEL A. AONDOAKAA, SAN (26th July 2007 – 10th Feb. 2010);
20. PRINCE ADETOKUNBO KAYODE, SAN (10th Feb.2010 –17th March 2010);
21. MR. MOHAMMED BELLO ADOKE, SAN, CFR (6th April 2010 – 29th May 2011);
22. MR. MOHAMMED BELLO ADOKE, SAN, CFR ( 2nd July 2011 – May 2015);
23. MR. ABUBAKAR MALAMI, SAN (11th Nov. 2015 to May 2023);
24. Prince Lateef Fagbemi, SAN (16th August 2023 till date).