The Governor of Rivers State, South-South Nigeria, Governor Nyesom Wike is one figure that has been at the centre of media reportage in the last few months and even years. Renowned for his verbal bluntness, administrative decisiveness, political temerity and an entertaining touch often displayed in his dance moves and viral jocular comments, the former Presidential Aspirant of the Peoples Democratic Party (PDP) is no doubt one of the iconic political actors in the present dispensation.

Notwithstanding what may be considered as his dramatic traits, Governor Wike, a lawyer by training, and life bencher has been widely extolled for his sweeping developmental strides in his state, with numerous projects attesting to the seriousness and commitment with which he carries out his responsibilities as Chief Executive of the oil rich state. This has earned him an avalanche of awards and recognitions including, Human Rights Award by National Human Rights Commission; 3G Ambassadors Award; Bayelsa Media Network Award; the ‘Best Governor’ by Nigerian Social Media Awards; recipient of the Nigerian Excellence Award in Public Service in Infrastructure Delivery ( State).

As a lawyer and life member of the august Body of Benchers, Mr.Wike shares an understandable affinity with the judiciary and legal profession which is underscored by a number of his noteworthy engagements, interventions and actions with, and towards the judiciary in the last seven to eight years as Governor. Some of these have attracted commendations, while others have gravitated backlash towards the Governor.

Legal Education

The Rivers State Governor as a member of the Body of Benchers, is one who is familiar with the frequent refrain about the dying standards of legal education in Nigeria overtly reflected in the deplorable state of infrastructure across Nigerian Law School campuses.

Commendably, as Governor he has taken cogent steps to upgrade infrastructure at the Law School with a renovation of the Yenagoa campus, and the construction of a new, ultramodern Dr Nabo Graham- Douglas ( SAN) campus in Port Harcourt, the Rivers State capital.

On the 5th of June, 2021, the Rivers Government committed five billion naira to the development of facilities at the Yenagoa campus of the Nigerian Law School. Gov. Nyesom Wike made the disclosure at the flag-off of construction of two hostel blocks and a 1,500-seat multi-purpose hall in the law school which was built in 2021.

Similarly, on the 17th of the July, 2021, the Governor launched the construction of a new law school campus in Port Harcourt in an elaborate ceremony which had several guests in attendance.

11 months after the flagoff of construction, on the 22nd of June, 2022, the Governor during an inspection of the construction site of the Dr. Nabo Graham- Douglas ( SAN) campus Port Harcourt of the Nigerian Law School, Port Harcourt, Chief Emeka Ngige SAN, Chairman of the Council of Legal Education expressed astonishment at what he saw. He said: “I learned that he had acquired adjoining property, houses, shopping malls and other business facilities for the Law School to rent out to raise revenue to run this institution. I can tell you it is unparalleled.”

Prof. Isa Chiroma SAN, DG of the Nigerian Law School described the campus as the best and mother of all law campuses in Nigeria.

Former president of the Nigerian Bar Association, Onueze C. J. Okocha, (SAN), described Wike as a performer, who keeps promises.

Rivers State Attorney General and Commissioner for Justice, Prof. Zacchaeus Adangor, (SAN), described the project as historic and iconic “because there is nothing like it across the country,”TNL gathered that about N16 billion was expended on the project.

Body of Benchers

Recently, the Body of Benchers commissioned its new Complex in Abuja. The commissioning ceremony which had President Muhammadu Buhari as special guest of honour, also had Governor Wike in attendance.

The contribution of the Rivers State Government to the edifice was publicly acknowledged by the Chairman Body of Benchers, Wole Olanipekun SAN who announced that the Rivers State Government had made a N500 Million donation for the construction of the complex.

This donation though questionable from the viewpoint of the interests of the generality of Rivers residents, firmly accentuates the commitment of the Wike- led Rivers State Government to the legal profession and the Body of Benchers as a member of the august body.

Court Infrastructure

Governor Wike has also been credited for taking the rehabilitation of court infrastructure in Rivers State seriously with turnaround works successfully executed in almost all tiers of the judicial system in the state.

He has:

Constructed and furnished a new High Court complex of two storey building, Multi- Door Court House Complex, an ultra- modern Federal High Court Port Harvourt Division Complex, ultra- modern National Industrial Court of Nigeria Port Harcourt Division Complex, Renovated and refurbished Court of Appeal Port Harcourt Division Complex, and on- going construction of an ultra-modern Magistrates’ Court complex; South-South Liasion Office of the Federal Judicial Service Commission Complex, Justice Mary Peter- Odili Rivers State Judicial Institute.
Wike administration has also constructed and handed over the Sir Emmanuel C. Aguma (SAN) Judges Quarters, Elenwo Street, New GRA, Phase 2, Port Harcourt, Ultra- modern Quarters for Justices and Staff of the Court of Appeal, Port Harcourt Division, Official Quarters for Judges of the Federal High Court and National Industrial Court Port Harcourt Divisions respectively.
Construction and furnishing of a new ultramodern court complex for the Port Harcourt Division of National Industrial Court.
Nigerian Bar Association

Governor Wike of Rivers state in 2016 commissioned the ultra-modern NBA Port Harcourt Branch House Building as a new secretariat complex for the Port Harcourt branch of the NBA under the leadership of A.B. Mahmoud SAN at the time. The state government is believed to have also invested massively in the completion of the project. His administration has also constructed to the completion of the NBA national secretariat in Abuja in addition to the provision of a grant of Fifty million naira for the construction of the Branch secretariat of Omoku, Okehi and Okrika Branches of the NBA in Rivers State.

Judges’ Welfare

In August, 2020, The Governor of Rivers State, Nyesom Wike gave 41 Range Rover Discovery Sports Utility Vehicles to judges serving in Rivers State High Court and Customary Court of Appeal of Rivers State. Other beneficiaries were judges of Rivers State origin serving the nation in the Federal Judicial Service. In the ceremony, Wike, announced that his government had also completed and taken possession of a furni20-unit residential quarters for judges, which the government started in 2018 in fulfillment of its policy for providing decent and life long accommodation for all states’ Judges.

In September of same year, Wike handed over some finished blocks of duplexes to accommodate Judges in the state. Governor Wike also announced that N150 million has also been handed to Judges who opted for cash payments to build their own houses. The Governor made the announcement during the commissioning of the judges’ apartment in GRA, Port Harcourt.

Also in December of same year, Wike presented 29 new Renault Koleos 2020 sport utility vehicles (SUVs) to chairpersons of the state’s customary courts.

The governor said the vehicles were given to the judicial officers to enable them to discharge their functions unhindered. He asked them to operate independently, without influence or intimidation.

In 2021, Governor Wike signed into law the state Judicial Institute Bill No. 8 of 2021, and the state Housing Scheme for Judicial Officers Bill No. 10 of 2021.

According to Wike, the Housing Scheme Law would provide personal homes to the judicial officers of the state extraction either by birth or marriage. The governor said the law would also serve as good motivation to resist enticements of all forms capable of compromising the rectitude of their judicial functions.

Landmark Court Cases

Besides the construction of infrastructural edifices and the donation of largesse packages to judicial institutions as Governor, Wike has also contributed to the growth of the country’s jurisprudence and an interrogations of her federal structure through landmark court cases initiated and maintained by the Government of Rivers State against the Federal Government and its agencies. The VAT Case is a handy example that can be relied on in buttressing this point.

The RSG suing through the Attorney General of Rivers State commenced an action against the Federal Inland Revenue Service (“FIRS”) and the Attorney General of the Federation (“AGF”)2 wherein it argued that by virtue of items 58 and 59 of the Second Schedule3, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“the Constitution”), the FGN acting through itself or any of its agencies lacks the powers to impose and collect taxes outside stamp duties, taxation of incomes and profits and capital gains; and that the powers of the agencies of the FGN like FIRS is limited to the administration of these taxes only. The RSG therefore contended that the imposition of VAT by the FIRS on consumers of goods and services in States of the Federation is null and void and of no effect whatsoever.

In opposing the suit, the FIRS contended that the National Assembly has extensive powers to enact legislation to cover all the taxes referenced in RSG’s case. The FIRS argued that the taxes referenced in the RSG’s case fall under item 59 of the Second Schedule, Part 1 of the Constitution. The FIRS further argued that RSG’s grouse against the Taxies and Levies Act is untenable having failed to signify the provision of the law that is unconstitutional.

On the part of the Attorney General of the Federation (“AGF”), the AGF contended that by virtue of items 58, 59, 67 and 69 of the Second Schedule, Part 1 of the Constitution, the National Assembly has powers to enact laws on taxation. The AGF also argued that since the FGN has legislated on items that are contained in the Value Added Tax Act (“VAT Act”)5, there will be no need for the states to legislate over the same items under a state law. The AGF also argued that there is no portion of the Taxes and Levies Act that is unconstitutional. Furthermore, the AGF contended that the RSG cannot challenge the powers of the National Assembly which is exercised in consonance with the Second Schedule of the Constitution.

After taking arguments from all the parties, the Court determined three issues which were essentially aimed at settling whether it was the FGN or RSG that has powers to legislate over items that fall under VAT.

On the 9th of August 2021, the Court held that the FGN is only entitled to impose and collect taxes with respect to classes of taxes outlined in items in 58 and 59 of the Executive Legislative List. Therefore, the powers to legislate and enforce the VAT Act and other taxes not listed in items 58 and 59 lies exclusively with the State Government. The Court also held that the provisions of item 7 (a) and (b) of Part II of the Second Schedule to the Constitution do not by any stretch of the imagination extend the legislative competence of the National Assembly to the imposition of any form of tax outside the class of taxes listed in items 58 and 59 of the Executive Legislative List. Consequently, the Constitution does not empower the National Assembly to enact any law to impose any form of sales tax, including VAT and any other class of tax outside those specifically mentioned in item 7 (a) & (b) of Part II, Second Schedule.

The appeal against the decision of the Federal High Court is currently pending before the Court of Appeal Port Harcourt Division. However, irrespective of the final verdict, the case will definitely be a reference point for legal scholars on fiscal federalism and constitutionalism in Nigeria years after Wike leaves office.

In another landmark case, on the 17th of May, 2022, The Supreme Court, resolved the ownership dispute over 17 oil wells in favour of Rivers State

In the judgment prepared by Heleen Ogunwumiju JSC, but delivered by Emmanuel Agim, JSC, , the court dismissed the counter-claim of the Imo State government.

The oil wells located in disputed territories of Rivers and Imo states have been a subject of litigation at the Supreme Court which served as a court of the first instance being a dispute between two federating units. The court’s full panel of seven justices sat on the case.

Odili Home Invasion Saga

In October, 2021 following reports that Operatives of the Economic and Financial Crimes Commission, EFCC and some officers of the Nigerian Police, stormed the Maitama home of Supreme Court Justice, Justice Mary Odili, in Abuja, the Governor of Rivers state, Nyesome Wike, visited the house to confirm the story.

He proceeded to issue a 48hours notice to the IGP to fish out those who invaded Justice’s residence warning of dire consequences in the absence of a proper probe and investigation.

Judicial Autonomy

The Governor is widely remarked as not allowing the state judiciary truly thrive autonomously. Despite several comments by him asserting that the judiciary in the state is autonomous, the provision of welfare, accommodation and transport perks by the Executive are all indicative of a lack of true autonomy in the Rivers State Judiciary, and this has attracted backlash from some commentators who wonder why as a lawyer and Body of Benchers, the Governor is not inclined and morally persuaded to grant total autonomy to the judiciary as contemplated under the constitution.

Governor Wike is a man of several controversies as he is one who is not hesitant to take the bull by the horn, and take unorthodox decisions. However, amidst the series of drama which he directs on the political space, he is widely seen as one that has done commendably well in the governance scene, and the legal profession in entirety has enjoyed substantially from his goodwill.