Rivers LG Elections: Peterside, Secondus, others warn against constitutional breaches

A group of advocates for democratic principles in Rivers State have raised concerns about the proposed local council elections in the state, warning against constitutional breaches.

In a statement on Friday addressed to President Bola Ahmed Tinubu, the stakeholders warned that “the elections, orchestrated by a Sole Administrator with no constitutional mandate, would be an existential assault on democracy and the rule of law.”

The statement was signed by Atedo Peterside, Celestine Omehia, Prince Uche Secondus, Dr. Abiye Sekibo, Senator Lee Maeba, Dr. Dakuku Peterside, Senator Andrew Uchendu, Tele Ikuru, Prince Fafaa Princewill, Ambassador Oji Ngofa, Dr. Austin Tam-George, Donu Kogbara, Dr. Sokonte Davies, Dr. Glory Emeh, George Feyii, Honourable Asita, Sam Agwor, Ann-Kio Briggs, Group Captain John Ibiwari Ben-Kalio (retd), Pastor Tonye Cole, Randolph Iwo O Brown, and Reynolds Dagogo-Jack.

The stakeholders pointed out that there was no legally constituted Rivers State Independent Electoral Commission (RSIEC) as mandated by the Constitution, stressing that any electoral activities undertaken by such an illegitimate body would be null and void.

They also noted that the RSIEC had flagrantly ignored the mandatory 90-day notice requirement before an election, and that courts were actively adjudicating the legality of the Sole Administrator’s appointment and the existence of a functioning RSIEC.

Furthermore, the stakeholders stressed that Rivers State had been plunged into a constitutional crisis and a de facto state of emergency due to the federal suspension of its executive and legislative branches.

They noted that Section 7(1) of the 1999 Constitution vests exclusive responsibility for local council elections in state governments, and a federally appointed agent cannot lawfully step into this role.

The stakeholders called on President Tinubu, the National Assembly, the judiciary, civil society, the media, and the international community to intervene decisively to prevent a constitutional crisis.

The stakeholders warned that Rivers State stands at a crossroads to surrender to impunity or uphold the constitution and the will of the people.
“The choice is ours and the stakes could not be higher,” the statement noted.

It reads: “The illegitimate 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 or 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 actions – and multiple sub judice challenges by political parties – electoral machinery grinds on under a so-called ‘emergency’ guise.

“Section 7(1) of the 1999 Constitution vests exclusive responsibility for local council elections in state governments. A federally appointed agent – lacking any legal foundation – cannot lawfully step into this role. The doctrine of agency, affirmed in landmark cases such as Adewumi v. Plastex Ltd. and Okafor v. Umeh, holds that an agent’s authority is strictly derivative; without a constitutional grant, the actions of the Sole Administrator are ultra vires and void.

“This blatant usurpation of state autonomy desecrates our federal architecture and imperils democratic governance.”

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