One of the fallouts of Coronavirus and the associated lockdown in most states is the intimation of federalism. Many states went their independent path on strategy, process and procedure of handling the matter in the face of failure by the federal government to define a path. It resulted in memorable clashes between the federal and state governments that provides the opportunity further to test the extent and limitations of Nigeria’s federalism.
An outstanding case is that of Governor Nyesom Ezenwo Wike versus Aviation Minister Hadi Sirika or the Rivers State Government versus the federal government. The issue seemed straight forward. It turned out otherwise.
Wike in his capacity as Governor shut down the boundaries of Rivers State and facilities within it. They included the sea and airports, as well as entry routes to the state. On April 7, Caverton Helicopters, a logistics services company, flew ten persons into the Airforce Base in Port Harcourt against the restriction and without clearance from the state government. Wike ordered their arrest and drove down to lock the offices of the service provider at the Airforce Base. The Rivers State Commissioner of Police backed the state governor.
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The Rivers State Government charged the pilot of the plane and his passengers to a Magistrate’s Court which remanded the officers in prison until May. Wike then ordered Caverton out of Rivers State.
On April 8, Aviation Minister Hadi Sirika criticised the Rivers State Governor for going outside of his constitutional remit. He asserted that the pilots obtained federal permission to fly into Port Harcourt, the entry port into Nigeria’s oil and gas industry. Sirika affirmed that civil aviation was on the list of items exclusive to the federal government as were the Nigerian Airforce, the Army and the Navy.
Sirika stated, “Civil aviation is item number three on the exclusive list. There is no other person or institution other than the federal government that has the legal right to legislate on items on the list. So, the air force officer, who jumped over the Commander-in-Chief, the Chief of Defence Staff and the Chief of Air Staff to call a governor to come into the property of the federal government to make an arrest, exhibited dangerous ignorance and gross incompetence.
“The police officer, who followed the governor in there, also exhibited dangerous ignorance from our perspective in civil aviation.”
The minister assured that the federal government would do everything within the law to secure the release of the officers and ten passengers remanded in custody. Part of the terms of the charge included screening for COVID-19.
Aviation, including airports, the safety of aircraft and carriage of passengers and goods by air features indeed in the Exclusive Legislative List under the Second Schedule: Legislative Powers in the 1999 Constitution. Yet state governors have responsibility for the overall management of their states, including the security of lives and properties.
The Rivers State imbroglio exemplifies the challenges of federalism and all its principles in Nigeria. Those principles include the separation of powers, checks and balances and consent of the governed.
On the surface, the matter was one of failure of communication. Ordinarily, the Minister of Aviation would in courtesy call or email to the Governor to inform him of the approval to the airline. In a subsequent address, Governor Wike pointed to the political roots of the dispute as he belonged to the opposition PDP to Sirika’s APC.
The Rivers State Commissioner of Police fell to the crossfire as the Inspector General of Police redeployed him.
Issues in the case include the management and control of assets and facilities within states, the reporting line and control of state commissioners of police and the matter of security of states. We think that rather than leave resolution at the level of political talk, all parties should test issues at the Supreme Court. Such challenges will strengthen our jurisprudence as well as clarify our federalism.
