Dare Babalola
Some Rivers State indigenes have expressed their reservations over the proposed conduct of the Local Government election in the state.
The stakeholders, in an open letter directed to President Bola Tinubu, voiced their concerns over what was described as a “violation of constitutional governance and due process in the unlawful attempt to hold Local Government Council elections in the state”.
Titled, “Rivers LG Election: A Serious Threat To Democracy And Reoeated Violationa Of The Constitution — Urgent Warning From Major Stakeholders”, the group lamented that the Sole Administrator in the state, Ibok-Ete Ekwe Ibas, does not have the legal backing to conduct an election, adding that his move threaten the foundations of Nigeria’s federal system, the rule of law, and the peace of Rivers State.
The stakeholders include: Atedo Peterside, Celestine Omehia, Prince Uche Secondus, Chief Abiye Sekibo, Senator Lee Maeba, Dr Dakuku Adol Peterside, Senator Andrew Uchendu and Engr Tele Ikuru.
Other stakeholders include: Prince Fafaa Dan Princewill, Engr BEKINBO Dagogo Jack, Hon Randolph Iwo Brown, Dr Austin Tam-George, Donu Kogbara, Dr Sokonte Davies, Dr Glory Emeh, George Feyii, Hon Honourable Asita, Surv Sam Agwor and Ann-Kio Briggs.
The group declared that the proposed Local Government Council elections in the state are existential assaults on Rivers’ democracy and a brazen flouting of Nigeria’s Constitution.
“First, there is currently no legally constituted Rivers State Independent Electoral Commission (RSIEC) as mandated by Sections 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 polling 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.”
They urged President Tinubu, the National Assembly, the Nigerian Judiciary, civil society, the media, the international community, and all defenders of democracy to intervene in the ongoing political issue in the state.
