COVID-19 Lockdown: Fierce debate rages over legality of demolition of hotels by Wike
On Sunday May 10, 2020, Governor Nyesom Wike of Rivers State took the enforcement of COVID-19 lookdown order to a new level that nations across the world battling hundreds of thousands of cases of the pandemic have ever gone before.
To the chagrin of many, on Sunday afternoon, Wike supervised the demolition of hotels in the state for violating lockdown order in the state. As of 11:40pm on Sunday May 10, Rivers has 21 confirmed cases of COVID-19.
When he announced in a tensed live broadcast shown on AIT last Monday that he has imposed a total lockdown on Port Harcourt and Obio/Akpor Local Government Areas and signed an Executive Order empowering the State Government to “confiscate and auction any hotel and guest houses operating in defiance of the ban”, many would have thought it was just another noise to scare the people to comply with the order.
On Monday May 4, Wike, in a military gestapo manner, hurriedly read through the pages of his prepared speech in his address to the people of the state. The manner in which he read the speech brought back the ugly memory of the era of military coup. It was the same way a military general who had just hijacked the government through a successful coup would have spoken in his state broadcast announcing the new government and suspension of democratic institutions.
With his baritone voice like a ferocious lion seeking a prey to devour, Wike declared “In view of the foregoing and the overarching need to stop the spread of the virus in its tracks, the State Government has by virtue of Executive Order No. RVSG 06 2020 imposed additional measures to reinforce the ongoing efforts toward the spread of COVID-19 in Rivers State, as follows:
“All residents must wear face masks before stepping out of their homes to the public space; the operations of all private motor parks, taxi ranks and loading bays throughout the State is hereby prohibited. All hotels, guest houses and related outfits must remain closed…”
He went on to declare the penalty for violating the order. “A task force has been set-up to: arrest and prosecute any person without wearing face masks in public places or inside vehicles. Impound and auction any vehicle with persons or passengers without wearing facemasks;
“Impound and auction any vehicle loading or off-loading passengers at any private park, taxi rank or loading bay.
“Confiscate and auction any hotel and guest houses operating in defiance of the ban…” he declared.
Two days after, he hit the streets with an army of security operatives to monitor the enforcement of his Executive Order. In the last five days, several videos circulating on social media show how Wike has been leading the task force to enforce the lockdown, arrest violators and events on Sunday, was the climax of the enforcement so far.
The governor led a bulldozer and monitored the demolition of two hotels – Prudent Hotel, Alode and Etemeteh Hotel, Onne in Eleme LGA. Their crime? Both hotels flouted Rivers State Government Executive Order 6 which banned the operation of hotels across the 23 Local Government Areas of the State.
Emotions have been running wild on social media since Sunday when photos of the demolition emerged on the internet. Barbaric, callous, draconian, executive rascality are some of the words Nigerians have used to describe Wike’s action as they engage in a hot debate over the legality of the demolition.
The Socio-Economic Right and Accountability Project (SERAP) in a statement condemning the governor’s action said, “Using COVID-19 to perpetrate human rights violations is executive rascality and Mr Wike must stop this now. We’re taking legal action to hold him and his government to account for illegal actions”.
An advocacy group Enough is Enough (EiE) Nigeria a Twitter statement also condemned Wike’s action and said: “Emergency measures may be needed to deal with COVID-19 pandemic, but an emergency is not an excuse for human rights violations. Rivers Hotels’ demolition by @Govwike is evil, illegal & a blatant disrespect of the principle of rule of law and all known democratic tenets & ethos.”
Justifying his action, Wike, who is a lawyer and married to Eberechi Wike, who is also a judge of the Rivers State High Court, told journalists that the law must be obeyed, hence the State Government’s decision to enforce it.
He said: “Government has no alternative but to apply the Executive order which I signed before the lockdown of Obio/Akpor and Port Harcourt. I called all the Traditional Rulers and Council Chairmen and told them to ensure that no hotel operates in the State.”
One of the hotels demolished is reportedly owned by a chieftain of his party – Peoples Democratic Party (PDP) in the state.
“Unfortunately, the PDP Youth Leader in Eleme joined others to flout the Executive Order. Therefore, the executive order will be applied,” the governor said.
Many argued that Wike’s action is in line with the state Executive Order, others believe it is illegal, while some argued that there is need for the governor to be humane by applying other measures to punish violators rather than destruction of properties.
A human rights lawyer and former President of the National Association of Nigerian Students (NANS), Dr Abdul Mahmud wrote on Twitter: “I don’t get it. Where does Gov Wike derive his powers to demolish hotels for lockdown violation? His is incipient madness. Nothing in S.5 (2) CFRN 1999 & S.8 Quarantine Act gives him such powers to assault citizens right under S.44 CFRN 1999. Nothing.”
“Time and time again Wike refers to the lowest possible human instincts and reveals a form that brings democracy into disrepute,” Dr Aloy Chife tweeted.
The same day Wike demolished hotels for violating lockdown order, in Lagos, the epicenter of the coronavirus, Governor Babajide Sanwo-Olu, ordered the closure of a hotel and night club in Badagry local government area – Maggi Hotel and Tambari Theatre Art (night club), for violating the order.
#EndSARS campaigner Segun Awosanya aka Segalink said the governor is under power intoxication.
He tweeted: “It is actually a tragedy that the Governor is a Lawyer, who should know the implication of being the Judge, Jury and Executioner. He is currently under power intoxication and sadly people are cheering on. He knows also that even if people try to litigate, he is immune till 2023.”
Barely 12 hours after demolishing the hotels for violating lookdown order, Wike in a statement on Monday morning, announced the partial relaxation of the lockdown for two days “to enable people to replenish their foodstuffs and medicine”. This has fuelled suggestions on the internet that the governor was looking for who to scapegoat with the order and relaxed it after achieving his goal.
In a meeting with traditional rulers and local council chairmen last Tuesday Wike had said: “I want to use politicians and traditional rulers as examples if they fail to wear face masks in their cars. If you are not wearing face masks in your cars, you will be arrested and prosecuted”.
A former Minister of Education, Oby Ezekwesili said Wike’s action could lead to anarchy in any society.
She said: “Democratic ethos, values, principles and nuances totally forbid the kind of action Governor Wike of Rivers took in demolishing a hotel no matter whatever “Executive Order” he travels signed. His action breeds anarchy in society and is condemnable. There is the morning after.”
Ezekwesili also advised the hotel owners to sue the government, “It is important for the hotel-owners in Rivers State to sue the Rivers State Government. Our Democracy cannot continue to be operated in the breach by this half-civilian-half-military mentality,” she said.
