A host of lawyers and groups yesterday, pooh-poohed the suspension of political appointees by Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas, retd, describing the action as illegal and capable of causing more problems in the state.
However, one of the lawyers said Ibas could sack suspended Governor Siminalayi Fubara’s appointees, apart from the Attorney-General of the state.
This was as a coalition of civil society organizations petitioned the United Nations over President Bola Tinubu’s declaration of emergency rule in Rivers State and urged the UN to prevail on the President to restore democratic governance in the state, and sanctions Nigeria for defaulting in her obligation to promote democracy and democratic institutions in the country.
Meanwhile, Rivers State All Progressives Congress, APC, has again backed President Bola Tinubu’s declaration of a state of emergency, saying the action has resolved 90 per cent of the crisis in the state.
The party also faulted partisans who had expected the suspension of the Federal Capital Territory FCT Minister, Nyesom Wike, alongside the state governor, Siminalayi Fubara, and the State Assembly, saying the minister was never in the fray.
Chairman, caretaker committee of the party in Rivers State, Chief Tony Okocha stated this yesterday at the national secretariat of the party in Abuja, after paying a thank-you-visit on the Dr Abdullahi Ganduje-led National Working Committee, NWC, of the party.
Asked if Fubara’s suspension or exit from government was the only antidote to the crisis, Okocha said: “For the immediate, it was necessary. The decision of Mr President was a necessary evil. Whether impeachment or suspension as it were today, I can tell you that 90 per cent of the political crisis in Rivers was solved.
On complaints by some persons that the FCT minister should also have been suspended, Okocha said: “Was he in the fray? The answer is no. If bringing him to the fray is because he is the leader of that political structure, then you may be right.
It’s illegality giving birth to illegality—Mohammed, SAN
Faulting Ibas’s suspension of political appointees, a Senior Advocate of Nigeria, Mr. Abeny Mohammed, said: “Vice Admiral Ibas’ appointment by President Tinubu was, ab-initio, unconstitutional.
‘’He is an illegal appointee. It is a case of illegality giving birth to illegalities. You cannot put something on nothing and expect it to stand. The appointment of the administrator has been challenged in several cases pending in court.”
All his actions are illegal – Nwachukwu
Another lawyer, Chief Chukwuma Nwachukwu, lamented that the 1999 Constitution “is being serially marauded,” arguing that “the President lacks powers to remove Governor Fubara from office as the Constitution did not under any circumstances authorize such a removal from office, except as contemplated by and in strict accordance with the letters of the constitution. ‘’It is a trite maxim of law that ‘expressio unius est exclusion alterius’ which supposes that the expression of one thing is the exclusion of another.
“Coming to the suspension of all political appointees by the emergency administrator of Rivers State, I would first say that his own appointment, being in breach of the constitution, is illegal, unlawful and of no effect whatsoever.
‘’You cannot put something on nothing and expect it to stand. So, in essence, the activities of the administrator, which includes dismissal of all appointees of the governor, is null and void for being without legal status.”
Tinubu should call Ibas to order – Egbo
On his part, an Abuja-based human rights lawyer, Chief Bernand Egbo, urged President Tinubu to immediately call the Rivers State sole administrator to order because “the action is capable of creating more problems than solutions in Rivers State.
‘’I am yet to find a single constitutional provision that empowered either President Tinubu or his appointee to suspend those that were appointed by a serving governor.
“These anomalies make one to wonder if we are really a democratic nation. In the first place, it was wrong for the President to truncate the people’s mandate by suspending a serving governor that was elected the same way he was elected.
‘’Now, the person he illegally appointed to replace an elected governor has also taken his own illegal step by suspending even statutory appointees.
“What is happening before our eyes is a total bastardisation of the rule of law. In sane climes, the Attorney-General of the Federation, being the chief law officer of the nation, ought to have on his own, approached the Supreme Court to protect the constitution from the president.
“This is why I will continue to call for the separation of the office of the AGF from that of the Minister of Justice. Being a political appointee, his hands are tied behind his back, while his principal, the president, continues to progress in error.”
Sole administrator can sack political appointees – Ojo
However, another lawyer, Gbenga Ojo, expressed a contrary view, saying “this is not the first time a state of emergency was declared in Nigeria. It was done in Plateau State with Joshua Dariye.
‘’This is the beginning of another legal battle. It is good for our constitutional democracy. I think he can do this but he cannot remove elected officials, such as local government chairmen and councillors.
‘’The key issue is objectivity of the exercise. Sacking political appointees appointed by Fubara and replacing them with Wike’s loyalists, I think is the problem. But I think the administrator has the powers, with respect to political appointees and not with elected officials.”
Ibas can appoint his own commissioners — Akingbolu
Similarly, human rights lawyer, Kabir Akingbolu, said: “Once a sole administrator is appointed, he takes over all the powers of the governor. Since the governor has been removed, all his appointees, including commissioners, have also lost their positions.
‘’You cannot put something on nothing and expect it to stand. The foundation of their appointments is gone, so they cannot remain in office.
‘’However, the Commissioner for Justice, who also serves as the Attorney-General, must remain in office because the law requires it. Apart from him, the administrator can only work with the Secretary to the State Government, SSG. He cannot use the aides of a sacked governor. He has the full powers to appoint his own people if he wants.”
He lacks power to sack appointees – Sumola
Another lawyer, Danie Sumola, said: “Vice Admiral Ibok-Ete Ibas’ decision to summarily dismiss all political appointees raises concerns about due process, constitutional and democratic principles.
“The blanket dismissal of all Rivers State political appointees by the sole administrator clearly lacks any statutory or constitutional backing. Without mincing words, it is an arbitrary act as it amounts to unchecked authority of a sole administrator to dissolve an entire political structure without recourse to the constitution.
‘’Despite the provisions of Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, for the declaration of a state of emergency, it does not vest absolute power in a sole administrator to sack political appointees.
“Additionally, in the case of A.G. Federation v. A.G. Lagos State (2013) LPELR-20974 (SC), the Supreme Court emphasized that even in extraordinary circumstances, executive powers must be exercised in accordance with constitutional provisions.
‘’Furthermore, the decision in Lakanmi v. A.G. Western State (1971) 1 UILR 201 underscores that emergency powers do not grant unfettered authority to override fundamental democratic principles.”
His action is rooted in questionable authority – Ufeli
To Evans Ufeli, a legal practitioner, “the key issue is whether he has the authority to take such action, given the controversy surrounding his appointment and its broader governance implications.
‘’The sole administrator’s authority typically arises in crises. However, critics argue that his appointment followed an unconstitutional state of emergency declared by President Tinubu. Legal principles, such as Lord Denning’s ruling in UAC vs. Macfoy, emphasise that actions based on illegality are void.
‘’If the sole administrator’s appointment is unconstitutional, his decisions, including the dismissals, lack legal validity.
“In a democracy, legitimacy derives from both legal frameworks and public trust. When authority is perceived as illegitimate, as in this case, it fosters instability. The mass dismissal of political appointees could deepen political divisions and weaken governance structures.
‘’In Nigeria, political appointments are tied to elected mandates. Their dismissal by an unelected official raises accountability concerns, sparking allegations of political retribution.”
Sole Administrator’s action poses danger to democracy – CISLAC
The Civil Societies Legislative Advocacy Centre, CISLAC, said Ibas’ action posed great danger to democracy because it was a brazen display of an attempt at state capture on behalf of the ruling APC.
Executive Director of CISLAC, Awwal Musa, in a telephone interview with Vanguard, said: “What the sole administrator of Rivers State is doing is to demolish the political structure of the state, then lay the foundation of a new system which will favour the political interests of the President and the ruling party at the national level.
“If you have a problem with the governor, a man who was duly elected by the people of Rivers State, why go after those appointed to serve the people by carrying out tasks to improve their lives?
“President Bola Tinubu claims he declared a state of emergency and appointed a retired military man as sole administrator to restore peace and order, even though things had not broken down at the time he took his decision.
“But what we are seeing today is that a majority of Nigerians feel the President is using this avenue to capture Rivers State to serve his party’s interests going forward. Admiral Ibas has just revealed Tinubu’s bias with this action.”
Sack of political appointees evidence of hidden agenda- CUPP
In its reaction, the Coalition of United Political Parties, CUPP, said the action of the sole administrator was an evidence of a possible plot to stay beyond six months.
In a chat with Vanguard, National Secretary of the CUPP, Chief Peter Ameh, expressed shock that a man whose mandate was six months would delve into issues of appointments.
“First and foremost, we believe his appointment was illegal and an assault on our constitution. To add insult to injury, he has now engaged in activities which call to question the sincerity of this administration on the political situation in Rivers State,” he said.
IYC condemns suspension of Rivers appointees
The Secretary-General of the Ijaw Youth Council, IYC, Worldwide, Maobuoye Nangi-Obu, described the move as a “full-blown military dictatorship” and an alleged effort to enable unchecked looting of state resources that could plunge the state into a political crisis.
In a statement, Nangi-Obu said the sole administrator was executing a premeditated plan to dismantle democratic governance in the state.
He alleged that the suspension of key government officials, including the secretary to the state government, the chief of staff, commissioners, board members, and special advisers, was orchestrated by politicians to maintain control over Rivers State.
“The latest announcement by Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas, retd, suspending statutory commissions and boards with clear tenures in Rivers State, is an affront on the rights of Rivers people and nothing short of a full-blown military dictatorship in action.
‘’This reckless move, executed under the guise of presidential authority, is a desperate attempt to remove all possible checks and balances to facilitate the looting of Rivers State’s resources,” Obu stated.
CSOs petition UN over Tinubu’s emergency declaration in Rivers
Meanwhile, concerned civil society organizations, CSOs, a network of organisations advocating the political and economic welfare of the people of Rivers State and Nigerians, has petitioned the United Nations to intervene in President Tinubu’s declaration of a state of emergency in Rivers State.
Signed by the convener, Egondu Esinwoke, and the coordinator, Courage Nsirimovu, the petition, dated March 26, was titled “Petition against the President of the Federal Republic of Nigeria and the National Assembly of Nigeria for the crass usurpation of democratic structures In Rivers State and ostentatious desecration of the Nigerian Constitution contrary to the International Covenant on Civil and Political Rights.”
The CSOs argued that the suspension of a democratically elected governor, Siminalayi Fubara, of Rivers State, and elected lawmakers for six months by President Tinubu was unconstitutional.
They also faulted FCT Minister, Nyesom Wike, who they alleged colluded with members of Rivers State House of Assembly to cause chaos in the state.
They asked the Secretary of Human Rights Committee at the United Nations to: “Prevail on the President of Nigeria to restore democratic governance in Rivers State; place sanctions on Nigeria for defaulting in her obligation to promote democracy and democratic institutions within her territory; and advise the President to limit his actions within the confines of the Constitution of the Federal Republic of Nigeria, which is the ultimate law and from whence he derives his powers and authority.”
They also wrote to the UN’s Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, asking her to “visit Nigeria immediately and investigate the weaponisation of the judiciary for selfish political and economic interest by the FCT minister and the President of Nigeria.”
Groups that signed the petition included Rivers Indigenous NGOs and Civil Society Network, RINGOCS; Peace Building Manager, Initiative for Sustainable Peace and Entrepreneurial Development, ISPED; PILEX Centre for Civic Education Initiative; Centre for Rural Integration and Development; The Brooks Foundation; Community Initiative for Enhanced Peace and Development, CIEPD; as well as African Potential Developers Initiative; and Ibom PEER Foundation.
Others are My Effort Network; Centre for Environment, Human Rights and Development; Civil Liberties Organization – South South Zone; Anpez Centre for Environment and Development; Transition Monitoring Group, TMG, Rivers State chapter; Community Conciliation and Development Initiative; and Foundation for Environmental Rights Advocacy and Development, FENRAD, Nigeria.
Also included in the coalition are LightHope Succor Worldwide Initiative; Pius Dukor Foundation for Community Development & Advancement; Lawyers Alert; Vision Athletics Foundation; Changinglive Centre for Community Development; Support Initiative for Sustainable Development, SISDEV.
The rest are Havids Centre for Environment & Development; Network Advancement Program for Poverty and Disaster Risk Reduction; Sustainable Actions for Nature; and Usanka Educational Foundation.
The petition read further: “With their plots falling like pack of cards, the FCT minister resorted to using the President, Mr. Bola Tinubu, to oust the governor of Rivers State.
‘’Although the President does not have any such powers under a democracy and the Nigerian Constitution, he in course of declaring a state of emergency in Rivers State, March 18, 2025, suspended the executive governor, the deputy governor and the legislative arm of Rivers State government, thus usurping democratic structures and foisting on the people a military regime in contravention of the Nigerian constitution.
‘’This is a decision that has attracted public indignation. The President, acting ultra vires his powers appointed a Sole Administrator, Vice Admiral Ibok Ette Ibas, retd, to take over governance of the oil-rich Niger Delta state.
“Section 305 of the Nigerian Constitution which empowers the President to declare a state of emergency, does not envisage in any way the removal of a democratically elected governor.
“The same S. 305 is clear, that the proclamation only takes effect when 2/3 majority of the National Assembly-Senate and House of Representative-affirms same.
‘’However, the President insisted it takes effect immediately, in flagrant disregard of the Nigerian constitution. Furthermore, the compromised Senate and House of Representatives used a voice vote to affirm the illegality.”
1999 constitution should be repealed – General Overseer, Foursquare Gospel Church
Also reacting to the situation in Rivers State, the General Overseer of the Foursquare Gospel Church in Nigeria, Reverend Sam Aboyeji, called for a repeal of the constitution to give room for a better one that would represent the interest of all Nigerians.
Aboyeji lamented that the 1999 constitution was so vague that all the state of emergencies that had been pronounced in the country by different Presidents in Nigeria do not give the same conditions for the pronouncement.
The cleric, who noted the present constitution created the problem, said: “This country is supposed to be a secular nation, such that whatever pronouncement is made should be something Nigerians could relate with but, you find that every President that has pronounced a state of emergency has interpreted it in a different way.’’ (Vanguard)
