RIVERS LG ELECTIONS: TRAMPLING ON DEMOCRACY AND SERIAL UNCONSTITUTIONAL ACTS - A TIMELY WARNING FROM CONCERNED STAKEHOLDERS
We, the undersigned stakeholders
and defenders of democratic values in Rivers State, are gravely alarmed by the
ongoing assault on constitutional governance and due process in the desperate
and unlawful bid to conduct Local Government Council elections in Rivers State.
These actions are being orchestrated by the so-called Sole Administrator
of Rivers State, a figure alien and unknown to the Constitution, and allegedly
foisted on the state by the APC-led Federal Government of Nigeria.
OUR CONCERNS ARE ROOTED IN THE FOLLOWING
FLAGRANT VIOLATIONS OF LAW AND CONSTITUTIONAL ORDER:
1. Absence of a Lawfully Constituted Electoral
Body
There
is currently no validly constituted Rivers State Independent Electoral
Commission (RESIEC) as required under Sections 2, 3, 5, and 12 of the Rivers
State Independent Electoral Commission Law, 2018. In the
circumstances, any electoral process initiated by a body lacking legal
foundation is null and void.
A
combined reading of the relevant sections of the RESIEC Law
and Section 7(1) of the Constitution of the Federal Republic of
Nigeria, 1999 (As Amended) affirms that only the elected
Governor, with confirmation from the Rivers State House of
Assembly, can appoint the Chairman and members of RESIEC. Anything
outside this process is unconstitutional.
2. Breach of the
Mandatory 90-Day Statutory Notice
By law,
RESIEC must provide at least 90 days' notice before conducting elections,
especially concerning the submission of nomination papers and the conduct of
the polls (Section 20, RESIEC Law). No such notice has been issued.
The
sudden scheduling of elections for 30th August 2025 without
observing this mandatory timeline is illegal and demonstrates gross disregard
for the rule of law.
3. Contempt of Court
and Violation of Sub Judice Principle
Multiple
suits challenging the legality of the so-called Sole Administrator, a
position unknown to Nigeria’s Constitution is currently pending before the
Federal High Court and the Supreme Court. It is a clear act of contempt
of court to proceed with electoral activities while these suits remain
undecided.
4. Democracy Under
Siege - A De Facto State of Emergency
Rivers
State is currently gripped by a constitutional crisis. The unconstitutional
suspension of the Executive and Legislative arms of government, allegedly by
the Federal Government, has effectively created a State of Emergency in
disguise. Under these repressive and undemocratic conditions, no
credible or lawful election can or should take place.
5. Violation of Section
7(1) of the 1999 Constitution
The
Constitution reserves to each State Government the exclusive
authority to guarantee a system of democratically elected local
councils. A Federally imposed agent and/or Sole Administrator,
a construct unknown to law lacks both the legitimacy and the authority to
organize local government elections in Rivers State.
In law,
it is said that agency is derivative. To wit, the power of an agent is
coextensive with the authority of the principal. The agent’s authority flows
from the principal. Therefore, an agent cannot acquire more legal powers than
the person who delegated it.
See:
·
Adewumi
v. Plastex Ltd (1986) 3 NWLR (Pt. 32) 767
·
Okafor
v. Umeh (1997) 1 NWLR (Pt. 484) 49
·
Bowstead
& Reynolds on Agency, 21st ed., Article 3
In the present circumstances, the
principal, i.e., the Federal Government does not have the constitutional
authority to regulate, organize, or supervise local government elections under
Section 7(1) of the Constitution. It necessarily follows that any action
purportedly taken by its agent, the so-called Sole Administrator in furtherance
of such non-existent authority is ultra vires, invalid, and
unconstitutional.
Such a flagrant usurpation of
powers undermines the autonomy of States and desecrates the federal structure
envisioned by the Constitution. It must be condemned and resisted as an affront
to democratic governance and the Rule of Law.
OUR POSITION AND DEMAND:
1. Immediate Suspension
of the Proposed Local Government Elections
The elections slated for 30th
August 2025 must be suspended forthwith. Any process conducted under
an illegally constituted electoral body and a constitutionally baseless Sole
Administrator is an affront to Nigeria’s democratic order and cannot
stand.
2. Restoration of
Constitutional Order and Due Process
Before
any local elections are considered:
·
The
unconstitutional suspension of Rivers State’s Executive and Legislature must be
lifted;
·
Democratic
governance must be restored;
·
A
properly constituted RESIEC must be appointed in full compliance with the 2018
Law and Section 7(1) of the Constitution.
Only under such lawful and
democratic conditions can credible elections be conducted in Rivers State.
DEMOCRACY IN RIVERS STATE STANDS ON A
PRECIPICE. THE STAKES COULD NOT BE HIGHER.
We call on:
·
The Nigerian
Judiciary
·
Civil
Society Organizations
·
The Media
·
The International
Community
·
And All
Lovers of Democracy
...to take urgent and decisive
interest in the unfolding constitutional crisis in Rivers State. Democracy
must not be sacrificed on the altar of impunity, illegality, and federal
overreach.
SIGNED:
Concerned Stakeholders for the Defence of Democracy in Rivers State
Date: 4th August 2025
