The Peoples Democratic Party (PDP) and members of the Akwa Ibom State House of Assembly have described Friday’s invasion of part of the Akwa Ibom Government House by operatives of the Department of State Service (DSS) as an act of terrorism.
The PDP said it would no longer stomach the continued unlawful use of the state apparatus of power by the All Progressives Congress (APC) -led Federal Government to harass its elected officials at any level across the country.
A statement yesterday by the PDP’s National Publicity Secretary, Olisa Metuh, said the DSS crossed the red line by invading and occupying the Akwa Ibom State Government House, Uyo, in violation of the constitutional immunity of the Government House.
The PDP cautioned that the invasion and other flagrant abuse of power by the APC-led Federal Government were clear recipes for constitutional crisis, civil unrest and avoidable anarchy. It called on Nigerians and the international community to take copious note of the development.
The party said its investigations showed that the DSS acted on orders from the Presidency, “which has been in a desperate bid to destabilise and forcefully take over Akwa Ibom and other PDP states”.
The 26 members of the House of Assembly said the invasion was not only in breach of the constitution but an affront on the rights of the governor, who is the chief security officer of the state.
The 26 lawmakers, at a news conference yesterday in Abuja, gave the DSS seven days ultimatum to apologise or risk being slammed with a legal action.
The Speaker, Aniekan Uko, who read the statement, was supported by the 25 members of the House of Assembly and some federal lawmakers.
Uko said: “Since the Constitution has clearly freed the governor from being brought under court warrant in the discharge of his legitimate duties, it is on record that before embarking on that ill-advised operation, the SSS never communicated with the governor of Akwa Ibom State, who is also the chief security officer of the state, on why it was necessary to search his official residence in Uyo.
“For the avoidance of doubt, Section 308 (1, 2, 3) of the 1999 Constitution (as amended) provides as follows:
“(1) Notwithstanding anything to the contrary in this Constitution, but subject to subsection (2) of this section:
“a) no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period of office;
“b) a person to whom this section applies shall not be arrested or imprisoned during that period either in pursuance of the process of any court or otherwise;
“and c) no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued: Provided that in ascertaining whether any period of limitation has expired for the purposes of any proceedings against a person to whom this section applies, no account shall be taken of his period of office.
“(2) The provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party.
“(3) This section applies to a person holding the Office of President or Vice-President, Governor or Deputy Governor; and the reference in this section to “period of office” is a reference to the period during which the person holding such office is required to perform the functions of the office.
“It is important to point out that immunity from prosecution and persecution is a well-founded, well-reasoned concept, which has sundry benefits when applied honestly and carefully for the greater good of society. It thus means that a governor or President, during the subsistence of term of office, must have a free hand to act boldly and courageously for public good.
“In doing so, such a governor or President would not be hindered by fear for self, for repercussion of actions embarked upon, for the public interest of a state or for clearly defined national interests.
“Unfortunately, while the President, the Vice President as well as the governors and deputy governors across the country are protected under Constitutional Immunity, the governor of Akwa Ibom State has been singled out and stripped of this right which provided for him under the law”.
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