Some months ago, in one of my previous articles, we alerted on the unconstitutionality of 4th Tier toying of Governor Owelle Rochas. He had ordered Town Unions to stop operating even without any IMHA (Imo House of Assembly) law enacted. The IMHA instructed reversal of the order and he complied. Now the IMHA has played along and a law is in place. But how constitutional and legal are the current actions of Rochas, (as 15th Dec. 2012 has been fixed as election date for Community Governing Council officers) and the IMHA law? The officers to be elected are: Secretary General (no longer President General but every Town Union (TU) has SG), Youth Leader, Women Leader, CLO (Community Liaison Officer) to be appointed and Eze.
Documents pertinent to this topic include the Nigerian Constitution – Section 7 (3, 6) Revenue allocation stops at Local Government Areas (LGA) level, Sections 80-89 and 120-129: power and control over Public funds by the National and State Assemblies, Fourth Schedule – deals with functions of the LGA including development of their areas of authority, The IMSG Laws on Town Unions and Development Associations and The Traditional Rulers and Autonomous Communities.
The processes to amend the Nigerian Constitution are on and last Saturday 18th Nov. 2012, the Federal House of Representative held Public hearing/input gathering from all the 360 Constituent areas. FRCN (Radio Nigeria) and many other media channels covered and gave reports. One point relevant to us here is that Traditional rulers and other Nigerians are canvassing for roles for the Traditional Rulers. Therefore, currently there are no constitutional roles for them and Gov. Rochas and IMHA CANNOT create such roles in Imo State. Since the Constitution is the Ground Norm, according to our learned colleagues, it follows that any actions and laws contrary to it are null and void.
We can easily and comfortably end this write up here, but I beg your patience we go further because of the issues and indications of Rochas’ actions (and this in particular) are revealing, another paradise of lost opportunities in Imo State, most painfully following the masses high hopes of victory won.
The IMSG laws on Town Unions and Traditional Rulers clearly defined the roles of each institution. It is stated the TUs will be run per their various internal constitutions. Therefore Gov. Rochas should not break these laws nor encourage others to do so. If he makes Imo to be lawless, he should be held responsible for ant break down of law and order in our various communities as I am sure current executives of the TUs and some other aggrieved members will resist these illegalities.
Should APGA and Rochas conduct whatever elections without the involvement of other parties, for by his actions he is politicking the TUs for selfish and narrow political gains and future manipulation.
One is ashamed and embarrassed by the levels of illiteracy (even if it is limited to Administration alone, but sorry it is pervasive in scope) being exhibited by Gov. Rochas concerning governance of a State within the ambits of the Constitution, dur processes and rule of law and order. He cannot hide under the guise of gangsterism or being unconventional /radical. Tell him it is a different ball game running his private businesses, at his whims and caprices and governing a State constrained by the provisions of the Constitution and other laws. Where he cannot run Imo State, he had stated that Imolites are the most difficult people to govern, he should honourably resign or be impeached, if the IMHA members have the liver. They will claim it is PDP plotting to remove him.
Yes, impeachment. Section 188 deals on removal of Governor for gross misconduct. See 188 (11) for meaning of gross misconduct – gross violation or breach of the Constitution or any other acts deemed so by the House of Assembly. We had shown earlier that assigning roles for the Traditional rulers when no such provisions in the Constitution (for now until the amendment includes such) is an impeachable offence. He swore to defend the Constitution. Even if IMHA passed a law contrary to the Constitution, it is his responsibility as Governor not to sign it into law and tactfully bring it to the notice of the IMHA. But in this case he actively manipulated the IMHA to pass the law for him to achieve his pet project despite warnings from well meaning Imolites like my humble self.
Gov. Rochas should quickly resolve the LGA issues and conduct elections or reinstate the old officers. But where he does not have the strategy to resolve it, The National Assemblies (NAS) should stop forthwith allocation of LGA funds and start saving LGA allocations until we have legitimate LGA officers in place. Rochas should not frustrate LGA operations but want to have illegitimate Community Government or 4th Tier. Recall that the old LGA officers had accused him of wasting over N57Billion LGA’s funds in one year. Also be reminded that Edo State HA just scraped illegal LGA Caretaker Committees in their State. Yes illegal because the Constitution does not recognize Caretaker Committees. NAS had advised that States put in place legitimate LGAs without further delay. Rochas may want to hide under the pretence of Matter being in Court.
His incompetence is showing clearly. Application of astute negotiating strategies could resolve this crisis on the bases of win-win. One has gathered that the old officers’ two years tenure had expired, few weeks after the Appeal Court ordered their reinstatement. Simply reinstate them and pay them their full entitlements and dissolve them accordingly. I learnt Rochas stated he would pay only one month salary. But it is settled case in law that wrongly terminated staff should be paid all entitlements up till the day reabsorbed by Court order. The Federal Government vs the University of Ilorin lecturers’ case is still fresh. (Do not ask me the case number, I am not learned). Rochas moved to Supreme Court. So, while the matter is there, should he institute his 4th Tier and has he constitutional powers do disburse LGA funds or any Imo State funds to unconstitutional structure?
Sometime ago, in the write-up on Gov. Rochas’ Political Ambition, we wrote some portion in Project Management language. We will want to employ the language of Education, a field in which Gov. Rochas has shown love an demonstrated levels of achievement via his Rochas Foundation Schools, for which celebration was held weeks ago.
Once again, I beg your patience to generously share some insights from EFFECTIVE BIBLE TEACHING by Jim Wilhoit and Leland Ryken, 1998, Baker Books Michigan USA, one of the current books I am privately studying. The points are so striking. Please to help you, wherever you read Teaching or teacher you can substitute Governance or Governor and for classroom put State. Try it.
“We look too much at the teacher and not enough at the educational process and content. We assume that lively teachers whose classes are filled with enthusiastic students are effective teachers. The reverse is often the case as a survey of students’ knowledge would quickly reveal. Charismatic teachers can seduce students into thinking they have learned when they have only been entertained” May it not turn out that Imolites are only being badly entertained by this regime.
Still from the book “Occasionally, a post-mortem will expose such educationally defeating classroom hebaviours as poor eye contacts, disorganization, confusing speech patterns (remember IBB’s watch my mouth, a little bit to the left, a little bit to the right? I hope you can observe that Rochas has his own? ) to serious classroom management issues. Ineffective teaching must be viewed at two levels – the Presentation (actual classroom teaching and Strategy/Planning (planning and general approach as well as decisions about the content and organization of lesson) levels. Tackling problems at the Presentation level is like treating the symptoms rather than the ailment. The key to better teaching lies at the
strategy/planning level – the heart of the matter. Strategy/planning problems are more difficult to spot as they lie behind the Presentation visible problems. The problems at the strategy/planning level are often missed by inexperienced observers but the problems are real” Those who know what to look for will agree that Gov. Rochas and IMSG under him are seriously plagued by these factors. The past two years have confirmed them. As a member of Institute of Strategic Management and Nigerian Institute of Management, I can appreciate how serious faulty strategic planning can be – very serious as terminal cancer and require drastic measures. In industry, it may involve sacking the CEO and top management.
Jim and Leland continued “We need to be reminded, therefore, that teachers can never teach effectively beyond their grasp of a subject. They may be able to teach beyond their own experiences but they cannot teach what they do not understand. Merely parroting a prepared lesson is not teaching. It is just that – parroting. (Put one name here). Personal ownership of what one teaches is the minimum requirement for effective teaching”
Someone stated “ I cant teach you anything I don’t know …” Leo F. Buscaglia: Living, Loving and Learning, p10, 1983, Fawlett, New York.
Now the wider applications indicate that standard or quality of teachers affect teaching and reflect on students’ performances. For example take WACE and NECO, especially the subjects of Maths and English, where less than 40% of students get Credit and above. Certificate screening of lecturers in one Polytechnic revealed over 26 of them did not get Credit in English and a current Rector has Maths F9 and English P8. Yet she got PhD. The Universities may not be better as one postgraduate student just got PhD with doctored Old Thesis.
Back to governance, it implies that a Governor cannot govern more than the quality he has and/or he can humbly accept from his aids. In Law, you cannot give what you do not have. Compare the Lagos State and Edo State Governors with Imo State. We are not just talking of just paper qualifications. Check the quality of the Houses of Assembly too.
Take it higher to Presidential level. In your mind, crossover the Atlantic Ocean to USA and you can appreciate why the difference is so clear. The recently concluded USA elections, which showcased the Presidential debates, can testify to it. In the Write up, some months ago, on Gov. Rochas’ Presidential ambition come 2015 (advised him to forget it based on performance and other factors enumerated), I boldly stated that President Obama will win his second tenure. He won by 332 against 226 (59.5% against 40.5%).
If you take time to study Leadership in the Bible, you will be surprised at its rich wisdom and scope. Isaiah 3v12 Stated “their leaders cause them to err and destroy the way of their people”. 9v16 added “The leaders of this people cause them to err and they that are led by them are destroyed”
Jesus Christ stated “if the blind lead the blind both of them will fall into the pit” Mtt.15v14 and Luke 6v39. Prof. Chinua Achebe summed it up that the problem with Nigeria is Leadership.
Last week Gov. Rochas took some of his visitors, including one State Governor to Nekede to show them the Oil Palm seedlings Nursery. A show was made out of it by him asking our people to start greeting by asking “how many palm trees have you planted” That Nursery was started before his regime. Ada Palm is on lease or sold? May I ask, sincerely I do not know, where is one single oil palm plantation he has started? How many palm seedlings distributed to our people to plant? The ADC (Shonghai Farms Nekede is wasting away with Laterite Sand excavators devastating the place, including the Nursery he visited.
Gov. Rochas instituted Ezeship Panels without following the composition of the panel as stated in the IMSG Traditional rulers Law. One of which was that the Chairman must be a Judge or a lawyer of at least 10years experience. Today we have more Ezeship suits and problems.
Let me state without fear of being proved wrong, our communities will be worse in few months time, if not right from his 15th Dec, 2012 elections (if it holds) for his Community Government. Litigations will multiply. They may become channels to cover mismanagement of funds and result in fraud and accusations against Ezes and the other officials. And of course means of settlements of the boys in the Nigerian way.
A review of Rochas’actions in Owerri will reveal he has no plans for Nde Owere but to annoy and irritate us. What with his illegal attempt to remove Eke Ukwu Owere market, rather than modernize it as in Lagos and Mile 1 market Port Harcourt, his thwarted attempt to move IMSU to his village, and now hindring right action by the committee he sit up under his Deputy, the Monumental Hotel etc.
May I counsel Imo People to start early to search for quality Governor and deputy quality materials including HA members now, for me we have lost another 4 years. The remaining two years of Gov. Rochas will confirm it. If this write up will provoke a miraculous change in governance and performance, I will be fulfilled and not be ashamed. If not, CRY MY BELOVED IMO STATE, when will you be blessed with wonderful Governors that will make Imolites proud and grateful to God for a Moses, David and the Messiah Jesus Christ. Naze can stand for Nazerite.
Finally, let us remind ourselves, especially our Ndi Eze, that though Gov. Rochas may be protect by Immunity Clause ( but if this act be consider Treasonable Offence as he is setting up Government Structure not recognized by the Constitution of Nigeria, he can be arrested and prosecuted without Immunity) his actions can be sued and all those in collaboration can be jailed if found guilty. Anyone who wants to participate should get a copy of the CGC law, the Nigerian Constitution, The IMSG Town Unions Law and The Traditional Rulers Law and seek competent legal advice.
ADVICE TO MY READERS: Please do not be quick to react against this write up. I wrote it since 13/11/12 but kept it to see and read the Community Governing Council (CGC) Law. I got one (A Bill) and have read it. I am expecting another, may be the Law itself to see if different from the Bill. I assure you that what I read does not contradict the substance of this write-up. I will do analysis of the Bill/Law as soon as I get the expected copy within this week. Section 25, (and some others), will SOUND ALARM to Imolites, for absolute Power corrupts absolutely.
As usual, forgive any typo error or mixed up not intended.
God bless you as I begin now to wish you HAPPY XMAS AND PROSPEROUS NEW YEAR 2013.
Engr. Cele. Email: engr.cele@yahoo.com GSM: 08037752938
