By

Amb. Umudjere Africaman
Chairman, Africaman Quest for Development
03/05/2025

In democratic systems, the separation of powers is a fundamental principle designed to prevent any one arm of government from becoming too powerful; unfortunately, in some instances, the executive arm has assumed significant authority, often at the expense of the legislative and judicial arms. This has no doubt paved way for the Governors of such victimized states usurping powers of the judiciary; this brings us face to face with the case of the Edo State Governor – Senator Okpebholo usurping the powers of the judiciary by engaging in implementation of acts, policies and laws without judicial attestations

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Governor Okpebholo’s recent act of demolishing the worldwide headquarters of the Neo Black Movement of Africa speaks volume of his executive overreach and high rate of usurping the rights, powers and privileges of the judiciary; apparently, Governor Okpebholo’s recent demolition of the NBM worldwide headquarters is an abuse of the principles of democracy, disregard to rule of law and usurping the powers of the judiciary. The Governor consciously executed the demolition plan based on an allegation that was not justified nor adjudicated upon by any court of law which spells his executive overreach and high-handedness.

Apparently, Governor Okpebholo was elected with the provisions of the Constitution of the Federal Republic of Nigeria as 1999 as amended; this same constitution accords him the duties to uphold the provisions enshrined in the constitution in Edo State where he governs. One would ask how is the executive powers of the governor overreaching. It is a profound truth that Section 1(3) of the Constitution states the Supremacy of the Constitution above every other law, act or policy; it further upholds that any other law or act that is inconsistent with the provisions of the Constitution shall to the extent of the inconsistency be void.

Furthermore, Section 6 of the Constitution avails the imperatives of the judiciary and the requisite use to foster democracy and rule of law; Notwithstanding, Section 35 of this same constitution avails the nature of an arrested whom it describes as a suspect, it further holds the innocence of a suspect till tried and adjudicated by a court. However, Section 36(1) and (4) avails the fair hearing as a prerequisite for justice to be served; more importantly, Section 43 of this same Constitution upholds the right of everyone to acquire and own immovable property.

From the foregone, Governor Okpebholo had violated the sacred constitution of the Federal Republic of Nigeria and this is exhibited in his executive overreach; he is guilty of implementing sanctions against suspects that had not received trials nor encompass the principle of fair hearing, though his claim is that his actions are geared towards providing stability, development and progress for Edo State but he cannot make such moves without consenting to the provisions of the sacred constitution of the Federal Republic of Nigeria. It is true that Governor Okpebholo is working with the laws passed by the Edo State House of Assembly but it is also of important note that whoever that is alleged of such prohibited acts is a suspect and should be made to face trial in a court of law and if found guilty, the Governor can then implement such sanctions.

The demolition of the worldwide headquarters of the NBM of Africa which is a perceived suspect without court adjudication envisage his executive overreach and usurping the powers of the judiciary which is a purposeful attack on the sacred constitution of the Federal Republic of Nigeria

One would ask:

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Why did Governor Okpebholo succeed with the demolition of the worldwide headquarters of the NBM of Africa and the issued threats to demolish other individuals perceived to be political opponents?

Governor Okpebholo had succeeded in the demolition of the worldwide headquarters of the NBM of Africa because of the following reasons

1. Ignorance: His advisers had made the said Governor ignorant of the consequences of his actions – they are what I describe follower-sheep
2. Poverty: The poverty state of the country and the state in particular had deterred the human rights activists’ efforts to restrain the excesses of Governor Okpebholo; the transfer of one million naira can deter any perceived efforts to restrain the excesses of the Governor and this is because there is high rate of poverty
3. Weak Institutions: The corrupt state of our country had foiled the realization of what the various institutions were meant to achieve; these institutions have now become stooges of the executive (judiciary inclusive)
4. Legacy of Authoritarianism: The Governor had been oriented with the spirit of Authoritarianism which he feels.can be used to carry out his vendetta
5. Limited Civic Engagement: The nonchalant attitude of citizens of the state to engage in civic duties and obligations had aggravated the pacing rate of Governor Okpebholo’s executive overreach

The afore-raised are rationales why Governor Okpebholo succeeded in demolishing the worldwide headquarters of the NBM of Africa and is likely to succeed in demolishing other assets with his perceived vendetta

In conclusion, the act of Governor Okpebholo demolishing the worldwide headquarters of the NBM of Africa had buttressed his executive overreach and explicit usurping the powers of the judiciary; this no doubt is an attack on democracy and a threat to the rule of law. It is hereby recommended that:

1. Governor Okpebholo issue a public apology to the NBM of Africa and facilitate rebuilding the demolished property
2. Failure to adhere to the first recommendation, the NBM of Africa should file a legal suit against Governor Okpebholo and the Edo State Government