A cloud of uncertainty currently hovers around Rivers State over Governor Sim Fubara’s directive that heads of local government administrations should take over the affairs of the third tier of government in the state.
This comes as the Supreme Court judgment sacked all the 23 local government chairmen elected on October 5, 2024.
Recall that the Action People’s Party, APP, swept the 22 chairmanship positions out of 23 in the local government election held in Rivers State in 2024.
The election was conducted following the expiration of the tenure of the former chairmen believed to be loyal to the Minister of the Federal Capital Territory, FCT, Nyesom Wike.
Supreme Court sacks all Rivers chairmen
Months later, the Supreme Court, in its judgment delivered by Justice Jamilu Tukur, declared the election invalid.
The sack of the local government chairmen followed an appeal that was brought before the court by the All Progressives Congress, APC.
In a unanimous decision by the Justice Abba-Aji-led panel, the apex court vacated the November 21, 2024 judgement of the Court of Appeal in Abuja, which validated the election of the Local government officials.
Delivering the lead judgement, Justice Tukur held that there was no evidence to establish that condition precedents stipulated by section 150(3) of the Electoral Act, 2022, was met before the election was conducted by the Rivers State Independent Electoral Commissioners, RSIEC.
Therefore, the apex court restored an earlier verdict of the Federal High Court in Abuja, which barred the Independent National Electoral Commission, INEC, from releasing voters register to the RSIEC for the conduct of the LG polls.
It maintained that there was no evidence that INEC carried out a review of the voters register, at least 90 days before the election was held.
Fubara orders sacked LG Chairmen to hand over to Heads of Local Government administration
In an effort to implement the Supreme Court’s ruling, Fubara ordered the sacked local government chairmen to hand over to heads of local government administration.
In a state-wide broadcast on Sunday, Fubara said the heads of Local Government administration would take charge and conduct affairs of the councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.
Fubara said: “I have had a meeting with my team of lawyers and they have assured me that the certified true copy of the judgements may be available to them by Friday 7th March, 2025.
“I assure you that upon the receipt of certified judgements, we shall study their ramifications and implement them without reservations to move the State forward.
“Furthermore, given the outlawing of Caretaker arrangements in the Local Government system, I hereby direct the Heads of Personnel Management to immediately take over the administration of the 23 Local Government Councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.
“I further direct the outgoing Local Government Chairmen to formally hand over the levers of power to the Heads of Personnel Management by Monday, 3rd March 2025.”
Confusion as Wike’s aide, Olayinka says Fubara lacks power to decide LG affairs
However, Wike’s spokesman, Lere Olayinka said Fubara lacked the powers to decide how the affairs of the local government areas would be operated.
Olayinka said the constitution allows the Rivers State House of Assembly and not the governor to extend the tenure of the democratically elected local government chairmen and councillors.
In a chat with DAILY POST, Olayinka said: “Governors can no longer direct or order who should run Local Governments and who should not.
“It is a clear provision of the Constitution of Nigeria and the Supreme Court judgment on LG autonomy that only democratically elected chairmen and councilors shall run Local Governments.
“It is, therefore, the duty of the Rivers State House of Assembly to extend the tenure of the democratically elected Local Government Chairmen and Councilors whose tenure expired.
“They are the only ones with constitutional rights to run the Local Councils, not anyone directed by the governor.
“Section 135(3) of the 1999 Constitution even empowers the National Assembly to extend the tenure of the President in the event of inability to hold elections.”
Fubara’s directive to local govt administration not contemplated by Supreme Court – Lawyer
Activist lawyer, Madubuachi Idam faulted Fubara’s decision that local government heads of administration should take over from the sacked chairmen.
Idam pointed out that the governor’s directive was not contemplated by the Supreme Court.
Speaking with DAILY POST, Idam said: “Recently, there was a landmark judgment that local governments should be autonomous and local government elections should be conducted by the state Independent electoral commission.
“Remember that the judgment of the court never sacked the governor but stated where the governor has acted beyond his powers.
“The subsequent order he made asking that heads of local government administration should take over, that pronouncement was not contemplated by the judgment of the Supreme Court.
“There is no law that says Fubara cannot give directive pending the conduct of local government election in Rivers State, remember what the law said that caretaker are unlawful and pending that particular election as contemplated by the law, there should be people, because the law has not denied Fubara the rights and privileges available for him as the governor of the state.
“Fubara is within his right as the Chief Executive of the state and the person whose power is vested on to act in respect of maintaining law and order in the state, while piloting the affairs of the state.
“So, if he deems it necessary, as there is no law that says he can’t order the local government to be taken care of pending the proper election in the state, he is still within the confines of the law to have made the order.”
