…Insist, it’s serious violations of the constitution, threat to democracy
Some major stakeholders and advocates for democratic principles in Rivers State, have expressed deep concern over what they described as the “violation of constitutional governance and due process in the unlawful” attempt to hold Local Government Council elections in the state.
The stakeholders in a joint statement addressed to President Bola Ahmed Tinubu, declared that Section 7(1) of the 1999 Constitution vests exclusive responsibility for local council elections in state governments, stressing that a federally appointed agent—lacking any legal foundation—cannot lawfully step into this role.
The concerned stakeholders further said that the doctrine of agency, affirmed in landmark cases such as Adebayo v. Plastic Ltd. and Okafor v. Umeh, holds that an agent’s authority is strictly derivative; and emphasised that without a constitutional grant, the actions of the Sole Administrator are ultra vires and void.
They therefore declared that it is a blatant usurpation of state autonomy which desecrates the federal architecture and impedes democratic governance, stressing that the proposed Local Government Council elections in Rivers State are nothing short of an underhand assault on the nation’s democracy and a brazen flouting of the Nigeria’s Constitution.
The concerned stakeholders that included; Atedo N A Peterside, H.E Celestine N Omehia, Prince Uche Secondus, Chief Dr Abiye P Sekibo, Senator Lee Maeba, Dr Dakuku Adol Peterside, Senator Andrew Uchendu, HE Engr Tele Ikuru, Prince Fafaa Dan Princewill, Dr Austin Tam-George,
Donu Kogbara, Hon Dr Sokonte Davies, Dr Glory Emeh, George Feyii, Hon Honourable Asita, Surv Sam Agwor, Ann-Kio Briggs, HE Group Captain John Ibiwari Ben-Kalio (rtd),
Pastor Tonye P. Cole, Ambassador Oji Nyiminote Ngofa, Hon Randolph Iwo O. Brown, and Engr Reynolds Bekinbo Dagogo-Jack, noted that the elections, orchestrated by a “Sole Administrator” with no constitutional mandate and allegedly imposed by the federal government, threaten the very foundations of Nigeria’s federal system, the rule of law, and the peace of Rivers State.
According to the stakeholders; “There is currently no legally constituted Rivers State Independent Electoral Commission (RSIEC) as mandated by Sections 2, 3, 5, and 12 of the Rivers State Independent Electoral Commission Law, 2018. Consequently, any electoral activities undertaken by such an illegal body are null and void.
“The combined interpretation of the specified sections of the RSIEC Law alongside Section 7(1) of the 1999 Constitution (as amended) establishes that only the elected Governor, upon confirmation by the Rivers State House of Assembly, is empowered to appoint the Chairman and members of RSIEC. “Any appointment process outside this constitutional procedure is invalid and unconstitutional.
“The illegitimate Rivers State Independent Electoral Commission (RSIEC) has flagrantly ignored the mandatory 90-day notice requirement before an election, as stipulated in Section 20 of the RSIEC Law.
“With no formal notification for candidate nominations, polling timetables—and an election date of August 30, 2025, announced on short notice—this process bears a resemblance to the 2024 polls, which the Supreme Court annulled due to procedural failures.
“Ignoring these safeguards is not an oversight; it is a deliberate attack on the principle of due process.
“Courts across the land are actively adjudicating the legality of the Sole Administrator’s appointment and the very existence of a functioning RSIEC.
“Yet, despite pending Supreme Court and Federal High Court injunctions—and multiple sub-judice challenges by political parties—electoral machinery grinds on under a so-called “emergency” guise.
“Rivers State has been plunged into a constitutional crisis and a de facto state of emergency due to the federal suspension of its executive and legislative branches. If INEC deems its elections untenable under such conditions, how can local government polls—unrelated to any genuine emergency—be justified?
The concerned stakeholders therefore, called on President Tinubu, the National Assembly, the Nigerian Judiciary, civil society, the media, the international community, and all defenders of democracy to intervene decisively.
They warned saying; “Rivers State stands at a crossroads, currently to impunity or uphold the Constitution and the will of the people. The choice is ours—and the stakes could not be higher”.
