The tenure of the former local government chairmen in Rivers State was terminated last night, leading to unnecessary tension in the region, however, Governor Siminalayi Fubara has received praise for adhering to the constitution.
Barrister Sogboye Eli, the former spokesman of the All Progressives Congress, APC, campaign Council in the 2023 general elections, said in an exclusive telephone interview in Port Harcourt, the state capital, on Tuesday that there was nothing illegal about the Governor’s action of asking the Head of Local Government to take over the reins of affairs in the councils.
Barr Eli stated that law No. 2 of 2024, enacted by the estranged former Speaker, Martins Amaewhule, and the sacked 26 members of the Rivers state House of Assembly to extend the tenure of the outgoing chairmen by six months, had been expunged from Rivers state laws by Justice D.G. Kio of the State High Court.
“That law has been expunged by Honourable Justice Kio from the laws of Rivers state. It means that it does not exist. So, the outgone Council chairmen cannot rely on a law that is not in existence to continue to stay in office when their tenure had elapsed constitutionally. That law conflicts with the 1999 constitution and section 9(1) of the Rivers state local government Law No 5 of 2018.
“The local government system in Nigeria is more like a department of a state. Governors have a hand in the affairs of the councils. The constitution allows a 3-year tenure for the chairmen and there is a room for second term. But the tenure of these guys elapsed on the midnight of Monday, June 17. That is the law and the constitution”, he said.
The APC chieftain cites the Supreme Court’s decision in the case of the Attorney General of the Federation versus the Attorney General of Abia State, which decided on the tenure of council chairmen in the state in 2021, and claims that the decision extends to other states in the federation.
Barrister Eli, on the other hand, stated that only a few previous chairmen are still eligible to run for re-election to councils whenever the Rivers State Independent Electoral Commission, RSIEC, holds an election.
The LG chairmen, who were elected under Governor Nyesom Wike’s administration, cited a local government amendment law passed by the Martin Amaewhule-led House of Assembly.
The statute extends the council chairmen’s terms by six months due to Governor Siminalayi Fubara’s inability to hold local elections. The Amaewhule-led 27 legislators who support the FCT minister have been at odds with Fubara over a disagreement between him and his predecessor.
Fubara survived an impeachment attempt last year, worsening the state’s political instability. Fubara, in a state-wide broadcast on Tuesday, asked the heads of local government administration to take over council business on Wednesday, June 19, pending further instructions.
