By Dr. Tonye Clinton Jaja
Vicarious Liability is defined as follows:
“Vicarious liability, also known as imputed liability, is a legal doctrine where one party (often an employer) is held responsible for the actions or omissions of another party (often an employee or agent) with whom they have a specific relationship, even if the first party is not personally at fault.”
From the foregoing definition, a major pre-condition before application of the law of vicarious liability, is that there must be established a prior”specific relationship” between parties!!!
In this regard, President Tinubu and the Attorney-General of the Federation (AGF) failed to establish that Governor Fubara maintained any prior specific relationship with the said militants who ALLEGEDLY blew up crude oil pipelines which served as justification for declaration of a State of Emergency in Rivers State on 18th March 2025.
To the contrary, by virtue of Section 3 of the Nigerian Security and Civil Defence Corps Act, 2007, it is the responsibility of the Nigerian Security and Civil Defence Corps to protect and prevent vandalism of all crude oil pipelines anywhere within Nigeria.
Considering that the Commandant-General of the said Nigerian Security and Civil Defence Corps is a direct appointee of the President, it logically follows that the ultimate responsibility for protection of the said crude oil pipelines rests squarely with the President of the Federal Republic of Nigeria.
Therefore, if anyone was to be penalised for dereliction of duty it is President Bola Ahmed Tinubu (PBAT).
In contrast with the alacrity with which PBAT imposed penalties upon Governor Fubara in the name of application of the law of vicarious liability, some weeks ago, Boko Haram terrorists attacked a Nigerian Army base in Borno State and vandalised their facilities as well as killing soldiers. Till today, the PBAT has not imposed penalties upon the Governor of Borno State.
On 16th of March 2025 or thereabouts, some officials of the Edo State owned and established Edo State Security Corps and Vigilante Group (and others) were involved in the killing and setting ablaze of 16 hunters who were traveling from Port Harcourt to Kano State!!!
Up till today, PBAT and the AGF have not imposed any penalties upon the Governor of Edo State for the vicarious liability of the said officials of the Edo State Security Corps and Vigilante Group!!!
On 13th January 2025, the Governor of Lagos State sponsored the impeachment and removal of Mr. Obasa, who is the Speaker of the Lagos State House of Assembly.
This singular action triggered a series of insecurity, unrest, actual breach and threat to the public peace such as the invasion of the premises of the Lagos State House of Assembly by both militant thugs, and policemen and officials of the Department of State Security Services (DSS).
Till today neither the PBAT or the AGF has imposed any sort of penalty upon the Governor of Lagos State under the guise of vicarious liability!!!
During the month of February 2025, some members of the Benue State House of Assembly ALLEGEDLY deployed unconstitutional methods to impeach and remove from office the Chief Judge of Benue State (without any input from the National Judicial Council-NJC)!!!
Up until today PBAT has not suspended the members of the Benue State House of Assembly who applied unconstitutional methods to prevent the functioning of the chief official of another arm of government namely the judiciary!!!
In contrast, one of the grounds for suspension of Governor Fubara is the allegation by both the Supreme Court of Nigeria’s judgment of 28th February 2025 and the PBAT and the AGF, that he prevented the functioning of another arm of government namely the legislature (Rivers State House of Assembly)!!!
In the case of the Lagos State House of Assembly, instead of declaration of a State of Emergency in Lagos State, PBAT explored and exhausted all amicable informal and formal methods to resolve the said dispute between the Governor of Lagos State and members of the Lagos State House of Assembly.
The first step was to convene meetings of all the warring parties with the Lagos State Governor’s Advisory Council (GAC).
When this failed, the PBAT took the second step of appointment of two former Governors to hold series of meetings with all members of the warring parties.
The outcome of this meeting with the two former Governors was submitted to the President.
Then finally, at his Aso Rock villain Abuja, the President himself held a meeting with all the warring parties wherein a Resolution was agreed.
Why were similar steps not applied in the case of Governor Fubara?
This is a question that plagues the minds of all reasonable right-thinking Nigerians!!!
