It Isn’t The End Of The World

By Emeka Asinugo, KSC

The recent demolition of Prodest Hotel and Edemete Hotel in Rivers State of Nigeria by Governor Nyesom Wike raises very sensitive questions about policy in government and about the level of executive fiat that can justifiably be exerted in democratic governance. The demolition of the downstairs hotel has been viewed with mixed feelings by concerned Nigerians and the rest of the world. Some spoke in favour of, and others against, the actions of Governor Wike.

Former Aviation Minister, Chief Femi Fani-Kayode was of the opinion that the governor may have applied the big stick too heavily. Some Nigerians say Wike’s action was simply wicked. The Convener of the Movement for the Actualization of the Sovereign State of Biafra, Chief Ralph Uwazuruike called Governor Wike unprintable names. He said he was angry about what the governor did to his fellow citizens. And I would imagine that as a Nigerian, Uwazuruike was in a good position to understand and possibly interpret government policy in the circumstance.

Wike had issued an executive order banning hotels from opening for business in the state, in a bid to control the spread of coronavirus. He had repeatedly warned that any hotel that violated the executive order would be demolished. The two hotels became the first victims of the government’s exercise after they violated the executive order of the state governor.

The government claimed that some people whose test results on Covid-19 were positive had been discovered in hotels in the state. But it failed to say whether any of the infected persons was found in any of the demolished hotels.  The managers of those hotels were arrested, anyway.

Certainly, we need to get some issues clear here. Can, and should, “unwritten laws” that have been the social norm over years still influence the decision of government in a democratic setting? In England, for example, some unwritten laws can be applied in governance and because the citizens know what happened, no one knocks his head on a brick wall about it. But can that be said about Nigeria?

Did Governor Wike use the government media outlets like the state television and radio to inform the citizens about the severity of punishment that could possibly be meted out to violators of the executive order? Was it possible many residents were not aware of order as they claimed? According to BBC, some citizens claimed they did not know about the documents outlining the severity of punishment for defaulters.

Another point is: can it be established that one of the hotel owners actually got youths to beat up government officials who had come to remind them that the executive order was in vogue? If that was the case, is it possible that any Nigerian governor would have brushed such contempt of authority under the carpet?

On the other hand, did government consider the possible side effects of such an exercise, like loss of jobs which would affect many families, the ability of parents who may have lost their jobs to pay their children’s school fees, their rents, their NEPA and other bills? Should it not have been a better and more democratic approach to seal off the hotels in the first place, and later heavily fine the owners (like N50 million) and if they were unable to pay, they could be jailed for three or six months barring parole? That would have as well sent the message across that the governor was a no-nonsense administrator who would make do with his threat any day.

The manager of Prodest hotel denied that his hotel was in operation on the day the government swooped on it. He told the BBC that about 70% of their staff had been sent home and that only three members of staff were on ground when the government struck. And in a dramatic twist, the manager also said the government officials had asked for money when they first came into his premises. The officials had said that if they were given some bribe, they could allow the hotel to operate. But government flatly denied the accusation.

The point inadvertently made here by the management of the hotel synchronizes with Governor Wike’s contention that government officials had earlier visited the hotels to warn them that the executive order was in place. It also gives flesh to the version of the story which said that government had actually gone to the hotel to remind the staff that the lockdown was in effect and that the hotel management got youths to beat up the government officials and chase then away. They then reported the incident to the governor and possibly aroused his anger over the motif of his subjects who would willingly flout his executive order with such brazen impunity.

In an interview with Nigeria’s Punch newspaper, the owner of the hotel, Mr. Gogorodari claimed that his business did not violate any publicly known law to warrant the demolition of his property. He may have been right. Apart from executive orders, there are unwritten laws that can be applied in governance and it is possible this was one strong message to the people of Rivers State that as our people say, ‘the okra is never taller than the man who planted it’.

Mr. Gogorodari had complained that the government did not give him fair hearing and that no investigation was carried out before the demolition of his property was effected. The point again, was that government didn’t need to investigate into a policy that every Nigerian knew was traditional in the politics of their country. Law is law and those concerned with the law must not be encouraged to violate it.

Mr. Gogorodari said the incident had created a condition that rendered his staff completely redundant. He insisted that it was negative development for investors in the state. “I am based in Lagos but I am not in the right frame of mind to speak now. There is nobody who will not feel bad about this. It is a hotel that I built for the past seven years. The demolition of hotels is a setback to the state in terms of investment. That was an investment that was taking care of my family and relatives and people around me. There was no fair hearing before the demolition took place. With this, many people are out of jobs. I did not violate any order. The government was supposed to do some investigations before doing that. And if they found me wanting, then another procedure should be followed, not demolishing a structure like that” he said.

Former Director-General of the Nigerian Maritime Administration and Safety Agency, Dr Dakuku Peterside and the Socio-Economic Rights and Accountability Project, SERAP, were of the opinion that Governor Wike’s action was unlawful. Other civil rights groups like Spaces for Change, Youths and Environmental Advocacy Centre and the Action Group on Free Civic Space condemned the demolition of the two hotels and explained that the owners had no opportunity to remove any valuables before the buildings were pulled down. They said it was particularly distasteful to watch Rivers State government’s campaign of terror over the last few weeks, ruthlessly clamping down on civic freedoms in the name of combating the spread of coronavirus.

Dakuku said he believed the governor had no concrete plan on how to fight coronavirus.  But could he have been right when he said Governor Wike’s utterances did not suggest that he was fighting the coronavirus pandemic alone: that his actions suggested that there was more than what he was telling Rivers people? Perhaps he was right.

Dakuku contended that the governor’s action was capable of leading to a breakdown of law and order in the state. He said those who bore the crude method of the governor and their families could resort to mass protest, capable of exposing the state further to danger.

Governor Wike insisted that his administration could not be faulted or accused of any wrongdoing for demolishing those two hotels in the state. Government had even said it would auction vehicles impounded during the operation to apprehend violators of the executive order on lockdown in the state. Wike said his action was backed by law. “We acted against the hotelier because, apart from using the facility to jeopardize the lives of our citizens in violation of the extant law, the owner audaciously unleashed thugs led by the Eleme Local Government youth leader of the Peoples Democratic Party and inflicted severe injuries on our task-force members who went to enforce the law against the continued operation of the hotel,” the governor said. “And so, we’ve done no wrong as all our actions were taken in good faith and justified by, under and within the purview of the Executive Orders, which have neither been challenged nor set aside by any competent court of law.”

Wike said his administration admitted genuine criticisms, but would not join issues with those he described as “uninformed critics and social media legal practitioners who, blinded and prodded by sheer politics, bias and hatred, have opted to demonize and paint our lawful and responsible actions in bad light”.

The truth of what exactly expired may never be known to anyone who is untutored in the Sambisa forest procedure called Nigerian politics. Even when it may seem absolutely in order to challenge Governor Wike’s action in court, the unwritten laws have to be considered by organizations like SERAP which have threatened to go to court on behalf of the ‘victims’ of the demolition exercise.

If it was a mistake or excessive use of power or whatever, the act has been committed and there is no going back. All anyone would possibly meet with now are accusations and counteraccusations, blames upon blames. So, I think our best option as things stand now is to put all that behind and trust that everyone has learnt his lesson. The executive order is necessary in emergency cases. And obviously, the pandemic is an emergency case that calls for emergency handling.

Now what government should be looking to do is avoid another situation in future where emergency applications tend to conflict with democratic governance and the rule of law. It is obvious that at some point, if the governor feels he may have been high handed in handling this particular incident, he knows how to compensate the owners of the two hotels even better than what he did to them. Just one contract before his tenure expires could settle them. So let us stop whimpering and behaving as if the world has come to an end because Governor Wike demolished some downstairs hotels. It isn’t the end of the world.

Chief Asinugo is a London-based veteran journalist, author of ‘The Presidential Years from Dr. Jonathan to Gen. Buhari (Vols. 1 & 2), and publisher of Imo State Business Link Magazine (Website: imostateblm.com)