Port Harcourt, Nigeria – A cloud of uncertainty hangs over Rivers State following Governor Sim Fubara’s directive for heads of local government administrations to assume control of the state’s 23 local government councils. This decision comes in the wake of a Supreme Court judgment that invalidated the October 5, 2024, local government elections, which saw the Action People’s Party (APP) win 22 out of 23 chairmanship positions.
The Supreme Court, in a unanimous decision delivered by Justice Jamilu Tukur, declared the elections null and void, citing a failure to meet the conditions stipulated in Section 150(3) of the Electoral Act, 2022. The ruling followed an appeal by the All Progressives Congress (APC), which challenged the validity of the polls conducted by the Rivers State Independent Electoral Commission (RSIEC). The apex court upheld an earlier Federal High Court judgment that barred the Independent National Electoral Commission (INEC) from releasing the voter register to RSIEC, as there was no evidence of a voter register review conducted at least 90 days before the election.
In response to the Supreme Court’s decision, Governor Fubara, in a statewide broadcast on Sunday, directed the sacked local government chairmen to hand over to heads of local government administration by Monday, March 3, 2025. He stated that the administrators would oversee the councils pending the conduct of fresh elections by RSIEC. Fubara emphasized that his administration would fully implement the court’s judgment upon receiving the certified true copy, expected by Friday, March 7, 2025.
However, the governor’s directive has sparked controversy. Lere Olayinka, spokesperson for the Minister of the Federal Capital Territory (FCT), Nyesom Wike, argued that Fubara lacks the constitutional authority to decide how local government affairs are managed. Olayinka contended that only democratically elected officials, whose tenure could be extended by the Rivers State House of Assembly, are legally permitted to run the councils. He cited Section 135(3) of the 1999 Constitution, which empowers the National Assembly to extend the tenure of elected officials in the event of election delays.
Activist lawyer Madubuachi Idam also weighed in, stating that while the Supreme Court’s judgment did not explicitly address the appointment of interim administrators, Fubara’s directive falls within his executive powers to maintain law and order. Idam noted that the law prohibits caretaker committees but does not prevent the governor from ensuring the continuity of local government operations pending fresh elections.
The situation has created a tense political atmosphere in Rivers State, with stakeholders divided over the legality and implications of Fubara’s directive. As the state awaits the certified copy of the Supreme Court judgment and the subsequent actions of the Rivers State House of Assembly, the future of local government administration remains uncertain. The outcome of this dispute could have significant ramifications for governance and political stability in the state.