Tension is rising in Rivers State following Governor Sim Fubara’s directive for heads of local government administrations to assume control of the 23 local councils. This order comes after the Supreme Court nullified the election of local government chairmen elected on October 5, 2024.
The Supreme Court, in a ruling delivered by Justice Jamilu Tukur, declared the election invalid. The judgment overturned the Court of Appeal’s earlier decision, which had upheld the election results. The case was brought before the apex court by the All Progressives Congress (APC).
The court found that the Rivers State Independent Electoral Commission (RSIEC) did not meet the conditions set by Section 150(3) of the Electoral Act, 2022, before conducting the election. It reinstated an earlier Federal High Court ruling that barred the Independent National Electoral Commission (INEC) from providing the voter register for the election.
Governor Fubara Directs Transition of Power
In response to the ruling, Governor Fubara ordered the outgoing chairmen to hand over to the heads of local government administrations.
In a state-wide broadcast on Sunday, Fubara stated:
“I have consulted my legal team, and we expect to receive the certified true copy of the judgment by Friday, March 7, 2025. Once received, we will study it and implement it accordingly to move the state forward.
“Given that caretaker arrangements in local government administration have been outlawed, I direct the Heads of Personnel Management to immediately take charge of the 23 local government councils pending fresh elections by RSIEC.
“Outgoing local government chairmen must formally hand over to these administrators by Monday, March 3, 2025.”
Opposition Challenges Fubara’s Authority
However, Lere Olayinka, spokesperson for Minister of the Federal Capital Territory, Nyesom Wike, argued that Fubara lacks the constitutional authority to dictate local government administration.
Olayinka stated:
“Governors can no longer decide who should run local governments. The constitution and Supreme Court judgments affirm that only democratically elected officials can govern local councils.
“The Rivers State House of Assembly, not the governor, has the power to extend the tenure of local government chairmen and councillors.”
He further referenced Section 135(3) of the 1999 Constitution, which grants the National Assembly power to extend the President’s tenure if elections cannot be held.
Legal Expert Weighs In
Activist lawyer Madubuachi Idam also criticized Fubara’s directive, arguing that the Supreme Court’s judgment did not anticipate such a move.
Idam remarked:
“The Supreme Court’s ruling emphasized local government autonomy and the need for elections conducted by RSIEC. However, it did not order that heads of administration should take over.
“That said, Fubara, as governor, has the legal authority to maintain order and ensure governance continues until fresh elections are held. His directive does not violate any law, provided elections are conducted as soon as possible.”
As Rivers State navigates this leadership crisis, all eyes are on Fubara and the RSIEC’s next steps in conducting fresh elections for the local government councils.
