The clock is ticking for the 23 local government chairmen in Rivers State, with their terms ending in June 2024.
But the path forward remains shrouded in uncertainty, with a potential clash looming between the state governor, Siminalayi Fubara, and the State House of Assembly. In February, the 27 lawmakers led by Martin Amaehule overruled Governor Fubara and passed a bill stripping him of the power to appoint caretaker chairmen after the current terms expire. The lawmakers overwhelmingly voted against Governor Fubara’s veto, before passing the bill into law, thus barring the governor from exercising the power enjoyed by his predecessor, Nyesom Wike.
The lawmakers cited Section 100 (5) of the Nigerian Constitution, saying the assent of the governor was not required for the passage into law of the said bills. The section states that “Where the Governor withholds assent and the bill is again passed by the House of Assembly by a two-thirds majority, the bill shall become law and the assent of the Governor shall not be required.” The speaker accused the governor of not planning to conduct local government elections in the state. “The key thing here is that this law removes the power of the Governor to appoint caretaker committee chairmen for the local governments, the governor is not happy that we’re removing his powers to appoint caretaker chairmen,” the speaker said.
The lawmakers also passed three other bills into law, which the speaker said were vetoed by the governor. They are the Rivers State Traditional Rulers Amendment Law, the Rivers State Advertisement and Use of State Owned Property Prohibition Repeal Law, and the Rivers State Funds Management and Financial Autonomy Law. The Rivers State Traditional Rulers Amendment Law strips the governor of the full powers to recognize, de-recognize, or suspend traditional rulers in the state. The law requires the governor to involve the legislature in the process. However, over the weekend, the Rivers State Governor Siminalayi Fubara elevated the traditional stool of the king of Okochiri, Okirika, King Ateke Tom, from a second-class stool to a first-class stool.
In all this, the legitimacy of the 27 lawmakers loyal to FCT Minister Nyesom Wike is being questioned in court after they defected from the Peoples Democratic Party (PDP) under which they were all elected as lawmakers, to the All Progressives Congress, APC. A group of elders known as the Rivers Elders and Leaders Forum, led by former Rivers State Governor, Chief Rufus Ada-George, says the lawmakers’ actions remain illegal until a competent court of law says otherwise.
Caretaker Gamble or Election Scramble?
The Labour Party in the state has thrown its weight behind Governor Siminalayi Fubara. Their spokesperson, Gogo Wellington, proposed the appointment of caretaker chairmen to buy time for the reconstitution of the Rivers State Independent Electoral Commission (RSIEC). “It is within the right of the governor to appoint a caretaker government for the local government because for all we know the existing laws of Rivers State permit him to do so. So, if that will give him time to reconstitute the RSIEC to reflect the variations of the Rivers people to actually see that RSIEC will be able to conduct free, fair, and transparent elections that will be fine by us,” he said.
Mr. Wellington said his party’s decision to seek a court determination of the true members of the state House of Assembly is to remove every obstacle that will hinder the governor from reconstituting RSIEC. “The Rivers State government does something about the constitution of the RSIEC which we feel is wrongly constituted because the persons that are currently occupying the seats are not persons we think will be able to conduct a free and fair election right now. So, we feel the first step that the state government should take will be that of reconstituting RSIEC but will know that it will be foul order right now, with the current impact between the executive and the legislature they are trying to clear the air, as to the position of the House of Assembly members”, he added.
Opposition in the Dark
The Social Democratic Party (SDP) has, however, expressed confusion about the government's plans. The party’s chairman, Solsuema Osaro highlighted the lack of clarity surrounding the local government election, leaving both parties and residents in a state of anxious anticipation. He said once the present tenure of the council chairmen elapses, the Rivers people will be able to know where to go. “I don’t know the intention of the governor and I cannot speak for the governor. For the local government election, we don’t know the mindset yet, but I believe that once the present tenure elapses we will be able to know the direction, the agency that ought to speak about an election in the local government is RSIEC but, as a matter of fact, RSIEC is yet to interfere with the genuine leadership of the political parties in the state. We expect RSIEC to take their position,” he said.
Questions Begging for Answers
With all of the uncertainties, the possibility of conducting local government elections before 16 June 2024 looks slim as several questions remain unanswered:
• The Governor's Cooperation: Will the governor cooperate and ensure a smooth election process before tenure expiration, or will a potential resistance create further obstacles?
• Election Time Crunch: Is there still enough time to organize a fair and credible election before the deadline?
Residents of Rivers State are left waiting to see how this political drama unfolds. Will they witness an election or a period of caretaker committee rule? While no official statement has come from the state government or RSIEC, some political parties led by the caretaker chairman of the APC in the state, Tony Okocha have been vociferous in demanding that an election be conducted before the expiration of the tenure of the current holders. During a meeting with the chairman of RSIEC, Mr. Okocha urged the state to make funds available to the agency to begin preparation for the election.
As the deadline approaches, the stakes are higher than ever, with the fate of local democracy hanging in the balance.
