Hotel Demolition: Ex-NBA President To Falana, Others: ‘Wike Did No Wrong, Go To Court To Disprove Him’

Former President of the Nigeria Bar Association (NBA), Chief Onueze Okocha (SAN), on Monday, says “anybody who feels that he has any reason to dispute Governor Nyesom Wike on the two hotel demolition should approach the appropriate quarters and let’s us see how far that approach will get him.”

Okocha spoke following barrage of condemnation trailing the governor’s executive order hinged as reason for the demolition of two hotels which reportedly flouted the restriction order.

BIGPEN recalls firebrand Senior Advocate of Nigeria, Femi Falana had earlier called on the Nigerian Bar Association (NBA) to sanction the governor, describing Governor Wike as “an embarrassment to the Body of Benchers”.

Falana had said that Governor Wike should not be allowed to continue to violate the 1999 Constitution of the Federal Republic of Nigeria (as amended), stressing that the Executive Order relied upon by Governor Wike is an administrative instrument with guidelines and not a Law. He contended that the Constitution supersedes the Governor’s order.

“It is unfortunate that these events are happening in Port Harcourt where the Governor of the State is Senior Lawyer and not just a lawyer, I’m even informed that he’s a member of the Body of Benchers; that is an embarrassment. A colossal embarrassment to the Nigerian Bar Association.

Falana added that any offender regardless of the crime committed should be charged before a Court and tried in line with the Law. “Under our Law, an emergency situation under the Quarantine Act does not permit the demolition of a house by an alleged offender. Whoever has breached the Law will have to be tried and convicted by a Court of Law before a sentence can be pronounced.

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“There is no provision for even the President to take the Law into his hands and then begin to mete out punishments to citizens without recourse to the constitution.

“We hope that the Governor will be properly advised to reverse his decisions, publicly apologise and restore the properties of those that have been destroyed. Everyone will have to go through a judicial process. That is what the rule of Law is all about.

“The guidelines and regulations in the Executive Order are subject to the Constitution. So, if there is a conflict in the guidelines, the directives of the Governor and the Constitution, his directives will bow to the Constitution.

“The right to property, fair hearing and liberty are constitutional rights. No Governor has the power to dismiss these rights under the pretext of enforcing the COVID-19 regulations.

“I expect the victims of his actions to take legal actions because I have seen the Executive Order of the Governor, there is no provision for demolishing properties. Only a court of Law can do that and that is after being found guilty. What is done in civilised places is for the Governor to obtain an order of interim forfeiture and then go through a trial.

“No Constitution allows a Governor to become the maker of a Law, accuser, witness, enforcer of the Law, the prosecutor and the Judge at the same time. It is primitive,” Falana said.

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But in his response to the backlashes trailing the governor’s action, Okocha, a former Attorney General and Commissioner for Justice in Rivers, said that Governor Wike did nothing wrong to warrant the attacks, saying the governor acted appropriately.

Okocha advised persons uncomfortable with the Executive Orders which the governor relied on to pull down the two hotels, to approach the courts.

He said: “I believe strongly that the measures taken by the Rivers State Government, particularly the Governor, Nyesom Wike are well thought out, well advised and I believe that they will to a large extent help us to avoid or at least minimize to the barest level the spread of this coronavirus that they now say causes the illness they called COVID 19.

“And the Executive Orders put in place by the state governor are appropriate. Everybody accepts that they are calculated to secure our safety and to reduce to the barest minimum the spread of this coronavirus. So I don’t believe that anybody has quarreled with any of these orders.

“What I have heard are people flouting those orders and Nigerians sometimes do not understand, some of these measures put in place, some of these regulations, these laws and orders are for there own good, and everybody should do each of their very best to comply with them.”

According to the former member of the National Judicial Commission (NJC), the state’s Quarantine Coronavirus (COVID 19) and other Infectious Diseases Regulations No. 2 of 2020 was in line with Quarantine Act of the Federal Government.

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“It’s not everything that is going to be on written law. By the authority of written law, some orders are made, some regulations are put in place and those flow naturally from the provisions of written law.

“This is why the Rivers State Government passed a law recently and we also have the Federal Act, Quarantine Act and many other such regulations that are aimed at dealing with safety and security and then health and wellbeing of the people.

“So, anybody that is arguing that the Executive Orders are unconstitutional should know his options, Okocha said. “He should seek legal advice and if necessary go and challenge those orders in a court of law, duly constituted.”

Speaking further on the demolition of Prodest Hotel, Alode, Eleme and Etemeteh Hotel, Onne in Eleme Local Government Area, Okocha justified the actions of the governor.

He said: “I do not blame the governor for his action because I am aware that the regulation was put in place over two weeks ago for hoteliers and those operating drinking parlours and entertainment centres to close down at least temporarily until we get grip on how to deal this coronavirus pandemic.

“Now people have been making all kinds of comments, the press and I have heard some on the airwaves. They do not seem to know the full facts of the matter”

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“Yes, there was a regulation put in place long before now regarding the lockdown we have had in Obio/Akpor and Port Harcourt City Local Government Areas. I hear that this happened in Eleme Local Government Area.

“Two hotels and they were warned to stop operating. Indeed, a taskforce was sent to remind them about the Executive Order put in place by the governor and they got their thugs and some local boys to beat members of the taskforce, so the Governor left with no other option wielded the big stick.

“So, the governor I think was justified in wielding the big stick on the hoteliers and anybody who feels that he has any reason to dispute should approach the appropriate quarters and let’s us see how far that approach will get him.”