-Describe It As Constitutional Breach, Threat To Democracy
Plans by the Sole Administrator of Rivers State, Retired Ibot-Ete Ekwe Ibas, who was appointed to act in the absence of the suspended Governor of Rivers State Simi Fubara, to conduct Local Government elections in the state has continued to attract condemnation from different quarters, including a group of prominent stakeholders who, have described the move as a serious threat to democracy and violation of the constitution.
The group, comprising Atedo NA. Peter side CoN, His Excellency Celestine .N. Omehia, Prince Uche Secondus, Chief Dr Abiye Sekibo, Senator Lee Maeba, Dr Dakuku Adol Peterside, Senator Andrew Uchendu, His Excellency, Engr Tele Kuru, Prince Fafaa Dan Princewill, Alabo Opuda Dumo Lulu Briggs, Dr Austin Tam-George, Donu Kongbara, Hon Dr Sokonte Davies, Dr Glory Emeh, Hon Honourable Asita, Surv Sam Agwor, Annkio Briggs, His Excellency, Group Captain John Ibiwari Ben-Kallo (Rtd), Pastor and Tonye P. Cole, in an open letter they jointly signed and addressed to President Ahmed Bola Tinubu said, “we the undersigned stakeholders and advocates for democratic principles in Rivers State, express deep concern over the ongoing violation of constitutional governance and due process in the unlawful attempt to hold Local Government Council elections in the state. The proposed Local Government Council elections in Rivers State are nothing short of an existential assault on our democracy and a brazen flouting of Nigeria’s Constitution. These elections, orchestrated by a “Sole Administrator” with no constitutional mandate and allegedly imposed by the Federal Government, threaten the very foundations of our federal system, the rule of law, and the peace of Rivers State”.
They noted that there is currently no legally constituted Rivers State Independent Electoral Commission (RSIEC) as mandated by Section, “2, 3, 5, and 12 of the Rivers State Independent Electoral Commission Law, 2018. Consequently, any electoral activities undertaken by such an illegitimate body are null and void. The combined interpretation of the specified sections of the RSIEC Law alongside Section 7(1) of the 1999 Constitution (as amended) establishes that only the elected Governor, upon confirmation by the Rivers State House of Assembly. is empowered to appoint the Chairman and members of RESIEC. Any appointment process outside this constitutional procedure is invalid and unconstitutional.
Second, the illegitimate Rivers State Independent Electoral Commission (RSIEC) has flagrantly ignored the mandatory 90-day notice requirement before an election, as stipulated in Section 20 of the RSIEC Law., With no formal notification for candidate nominations or poling timetables-and an election date of August 30, 2025, announced on short notice. This process bears a resemblance to the 2024 polls, which the Supreme Court annulled due to procedural failures. Ignoring these safeguards is not an oversight; it is a deliberate attack on the principle of due process.
Third, courts across the land are actively adjudicating the legality of the Sole Administrator’s appointment and the very existence of a functioning RSIEC. Yet, despite pending Supreme Court and Federal High Court actions – and multiple sub judice challenges by political parties – electoral machinery grinds on under a so-called “emergency” guise.
Fourth, Rivers State has been plunged into a constitutional crisis and a de facto state of emergency due to the federal suspension of its executive and legislative branches. If INEC deems by-elections untenable under such conditions, how can local government polls – unrelated to any genuine emergency be justified?
Fifth, Section 7(1) of the 1999 Constitution vests exclusive responsibility for local council elections in state governments. A federally appointed agent – lacking any legal foundation cannot lawfully step into this role. The doctrine of agency, affirmed in landmark cases such as Adewumi v. Plastex Ltd. and Okafor v. Umeh, holds that an agent’s authority is strictly derivative; without a constitutional grant, the actions of the Sole Administrator are ultra vires and void.
This blatant usurpation of state autonomy desecrates our federal architecture and imperils democratic governance. We, therefore, call upon President Tinubu, the National Assembly, the Nigerian Judiciary, civil society, the media, the international community, and all defenders of democracy to intervene decisively. Rivers State stands at a crossroads: surrender to impunity or uphold the Constitution and the will of the people.
The choice is ours–and the stakes could not be higher.no constitutional mandate and allegedly imposed by the Federal Government, threaten the very foundations of our federal system, the rule of law, and the peace of Rivers State”.
