A cloud of uncertainty currently hovers over Rivers State following Governor Sim Fubara’s directive that heads of local government administrations should take over the affairs of the third tier of government in the state.
This directive comes in response to the Supreme Court judgment that sacked all 23 local government chairmen elected on October 5, 2024. The ruling has sparked widespread political tension and legal debates over governance in the state.
The political landscape in Rivers State took a dramatic turn when the Supreme Court, in a judgment delivered by Justice Jamilu Tukur, declared the local government elections invalid.
The election, which took place in 2024, saw the Action People’s Party (APP) sweep 22 out of 23 chairmanship positions following the expiration of the tenure of former local government chairmen believed to be loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
The court’s verdict followed an appeal filed by the All Progressives Congress (APC), which challenged the legality of the election. In a unanimous decision led by Justice Abba-Aji, the Supreme Court overturned the ruling of the Court of Appeal in Abuja, which had previously validated the election of the local government officials.
Delivering the lead judgment, Justice Tukur held that the Rivers State Independent Electoral Commission (RSIEC) had failed to meet the conditions stipulated under Section 150(3) of the Electoral Act, 2022.
The court further reinstated an earlier verdict by the Federal High Court in Abuja, which barred the Independent National Electoral Commission (INEC) from releasing the voters’ register to RSIEC for the conduct of the local government polls.
It maintained that there was no evidence to show that INEC had carried out the mandatory review of the voters' register at least 90 days before the election.
In an effort to implement the Supreme Court ruling, Governor Sim Fubara ordered the sacked local government chairmen to hand over to heads of local government administration.
In a state-wide broadcast on Sunday, Fubara emphasized that the heads of local government administration would assume responsibility for governance at the grassroots level until fresh elections are conducted by the Rivers State Independent Electoral Commission.
“I have had a meeting with my team of lawyers, and they have assured me that the certified true copy of the judgments may be available to them by Friday, March 7, 2025.
I assure you that upon receipt of the certified judgments, we shall study their ramifications and implement them without reservations to move the state forward,” Fubara stated.
“Furthermore, given the outlawing of caretaker arrangements in the local government system, I hereby direct the Heads of Personnel Management to immediately take over the administration of the 23 local government councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.
I further direct the outgoing local government chairmen to formally hand over the levers of power to the Heads of Personnel Management by Monday, March 3, 2025.”
Governor Fubara’s directive has sparked controversy, with critics arguing that he lacks the constitutional authority to determine who should oversee local government administration. Lere Olayinka, spokesman for Nyesom Wike, contended that the Rivers State House of Assembly, and not the governor, has the constitutional power to decide the fate of local government officials.
“Governors can no longer direct or order who should run local governments and who should not. It is a clear provision of the Constitution of Nigeria and the Supreme Court judgment on LG autonomy that only democratically elected chairmen and councilors shall run local governments,” Olayinka said.
He further stated, “It is, therefore, the duty of the Rivers State House of Assembly to extend the tenure of the democratically elected local government chairmen and councilors whose tenure expired. They are the only ones with constitutional rights to run the local councils, not anyone directed by the governor.”
Legal experts have also weighed in on the matter, with activist lawyer Madubuachi Idam questioning the legality of Fubara’s directive. Idam argued that the Supreme Court ruling did not explicitly empower the governor to appoint heads of administration to oversee the councils in the interim.
“Recently, there was a landmark judgment that local governments should be autonomous and local government elections should be conducted by the state Independent Electoral Commission.
However, the judgment of the court never sacked the governor but rather clarified areas where the governor acted beyond his powers,” Idam explained.
“The subsequent order Fubara made asking that heads of local government administration take over was not contemplated by the Supreme Court’s judgment.
That said, there is also no law preventing him from taking measures to ensure governance at the local level pending fresh elections.”
Idam further noted that Fubara, as the chief executive of the state, has the authority to maintain law and order and ensure administrative continuity.
The unfolding crisis has deepened political divisions in Rivers State, with tensions mounting between factions loyal to Governor Fubara and those aligned with former Governor Nyesom Wike.
As the legal and political battle unfolds, stakeholders are keenly watching how the situation will be resolved in the coming weeks.
With uncertainty still gripping the state, all eyes remain on the Rivers State Independent Electoral Commission to announce a timeline for fresh elections, which may ultimately determine the fate of local government governance in the state.