The Ward Chairmen Forum of the Peoples Democratic Party (PDP) in Rivers has threatened to sue Ibok-Ete Ibas, the sole administrator of the state, over the appointment of LG caretakers.
BACKGROUND
On March 18, President Bola Tinubu declared a state of emergency in the oil-rich state over the protracted political crisis in the state.
Tinubu also suspended Siminalayi Fubara, the governor of Rivers; Ngozi Odu, the deputy governor; and all members of the state assembly for an initial period of six months.
The president appointed Ibas, a retired naval chief, as the state’s sole administrator.
Shortly after his appointment, the Rivers sole administrator suspended all political officeholders appointed by Fubara.
Before the declaration of a state of emergency, Fubara had asked elected local government chairpersons in the state to hand over to LGA administrators.
The suspended governor had issued the directive after a supreme court judgment nullified the LGA elections conducted in the state in October 2024.
Last week, the federal high court in Rivers restrained Ibas from appointing coordinators to oversee the 23 LGAs in the state.
Adamu Mohammed, the presiding judge, issued the restraining order following an ex parte application filed by Pilex Centre for Civic Education Initiative, a civil society organisation (CSO), led by Courage Nsirimovu.
‘VIOLATION OF LAW’
In a letter dated April 15 and addressed to Ibas, Collins Chukwu, coordinator of the Ward Chairmen Forum of the PDP, said the sole administrator’s action is “unlawful, unconstitutional, and deeply troubling”.
“It has come to our notice that you have proceeded to make and endorse a series of appointments into local governments across the state without lawful authority and in flagrant violation of the Constitution of the Federal Republic of Nigeria,” the letter reads.
“These actions are not only null and void but constitute an affront to democracy, the rule of law, and the will of the people of Rivers State.”
Chukwu said, “in a case between the attorney-general of Abia state v. the attorney-general of the federation (SC/CV/343/2023), the supreme court held that the practice of appointing unelected persons to administer the affairs of local governments is a breach of the constitution and must not be tolerated in a constitutional democracy”.
He said the court also ruled that any law or action that permits the dissolution of democratically elected local government councils and their replacement with caretaker committees is null, void, and of no effect whatsoever.
“Your actions, therefore, constitute a direct violation of these binding judgments and are tantamount to contempt of court and a usurpation of democratic authority,” Chukwu said.
“Additionally, your continued disobedience to the laws duly enacted by the Rivers State House of Assembly under the leadership of Rt. Hon. Martins Amaewhule — who has been affirmed by the Supreme Court as the authentic Speaker of the Assembly — is a grave affront to constitutional governance.
“Your refusal to implement these laws not only undermines the authority of a legitimately constituted legislative body but also constitutes a dangerous defiance of the rule of law and judicial pronouncements.”
Chukwu asked Ibas to rescind all appointments he has made so far.
He also demanded full compliance with the supreme court ruling on LG and alignment of subsequent actions with the constitution.
Chwuku added that the forum would take “legal and political remedies to defend the democratic rights of the people” if Ibas failed to comply with its demands.
In July 2024, the supreme court ruled that the federal government should pay allocations directly to local government councils from the federation account.
The apex court also held that the federal government could withhold allocations of LGs governed by unelected officials. (The Cable)
