A legislative lawyer, Dr. Tonye Clinton Jaja, has asked the House of Representatives Ad-hoc Committee on Oversight of the State of Emergency in Rivers State to question the Sole Administrator, Ibok-Ete Ibas, over ‘unconstitutional' steps he has been taking in executing the emergency rule proclamation in the state.
DAILY POST reports that Ibas, on 25th April 2025, honoured the invitation of the House committee but to properly brief the lawmakers on the situation in Rivers.
The meeting was summoned in line with the House of Representatives resolve to take over legislative duties in Rivers, following the suspension of the State Assembly for the six months period of the emergency rule. The governor, Sim Fubara, and his deputy were also suspended for the duration of the state of emergency.
In an open letter addressed to Professor Jake Dan-Azumi, Head of Secretariat of the Reps Ad-hoc Committee on Rivers, Jaja, a legislative drafting expert, highlighted unconstitutional actions taken by Ibas in administering Rivers State, over which he said the lawmakers should demand answers from the sole administrator.
The letter dated 28th April 2025, it titled ‘Open Letter to Prof. Jake Dan-Azumi, Head of Secretariat of the Ad-hoc Committee of the HoR on Oversight of the State of Emergency in Rivers State – (Questions That The Sole Administrator Must Answer Regarding Dissolution of the Rivers State Judicial Service Commission, Appointment of LGA Sole Administrators and Exercise of Core Legislative Functions by the Sole Administrator)'.
Jaja, Director of the Centre for Legal, Parliamentary and Printing Consult (PTY) Limited (CLPPC), noted that the sole administrator of Rivers State, being a creation of a legislation of the National Assembly – namely the Proclamation State of Emergency (Rivers State) 2025 – is subject to the oversight of the National Assembly.
The letter added, “There are many issues that your Committee ought to provide clarification when you finally get the chance to hold the meeting with the Sole Administrator of Rivers. Let me point out some as follows:
“The Proclamation of a State of Emergency in Rivers State does not imply that the legislature and the will of the people was removed and replaced by a military styled dictatorship. It appears that the Sole Administrator of Rivers State and his legal advisers are of the opinion that the legislation that Proclaimed a State of Emergency in Rivers State gave him the powers to perform legislative functions.This wrong impression is far from the truth, Section 3 of the said legislation specifically stated that the only form of legislation to be enacted is Regulations, and Regulations are a form of subsidiary legislation that are made pursuant to a primary legislation (which in this case is the Proclamation of State of Emergency in Rivers State, 2025 as enacted by the National Assembly pursuant to Section 305 of the Constitution of the Federal Republic of Nigeria, 1999).
“Even the said Regulations which the Sole Administrator is authorised to enact are subject to the prior approval of the President of the Federal Republic of Nigeria as specified under the Proclamation of State of Emergency in Rivers State, 2025.
“The judgment of the 28th February 2025 of the Supreme Court of Nigeria was specific in stating that it is never in the contemplation of the Nigerian Constitution that a military dictatorship (or in this instance, a Sole Administrator
of Rivers State) would replace and over-ride governance by the people through their representatives as constituted by a legislature. It is true that the said legislation suspended the entire members of the Rivers State House of Assembly, however, it did not suspend the representatives of the people of Rivers State at the National Assembly.
“Therefore, as representatives of the people of Rivers State, the Ad-hoc Committee on Oversight of Rivers State is humbly appealed to question whether there was any input of Rivers State people or their representatives regarding the Sole Administrator of Rivers State when he appointed 23 Local Government Area (LGAs) Sole Administrators for the 23 LGAs Councils of Rivers State and other actions involving appropriation of funds of the Rivers State government bearing in mind that by its judgment of July 2024, the Supreme Court of Nigeria has laid down a rule of law that it is illegal for LGAs in Nigeria tobe administered by non-elected officials and it is also illegal to allocate funds to any such LGAs that are administered by non-elected officials.”
The lawyer equally said the lawmakers should ask the sole administrator where he derived the power to unilaterally dissolve the Rivers State Judicial Service Commission and other similar statutory agencies such as the Rivers State Independent Electoral Commission (RSIEC), without the approval of any legislature.
“Assuming the Sole Administrator of Rivers State is to argue that he derived the power pursuant to Section 3 of the Proclamation legislation, the said Proclamation legislation only empowers the Sole Administrator to enact Regulations which are a form of subsidiary legislation. And there is no way on earth that a subsidiary legislation can be enacted to nullify or amend the wordings of a primary legislation such as the Rivers State Independent Electoral Commission Law, No 2 of 2018.
“There are many other questions that the Ad-hoc Committee on Oversight of theState of Emergency in Rivers State ought to ask the Sole Administrator such as where he received legislative approval for appointment of a Secretary to the Rivers State Government and other officials who are to receive appropriation from the funds of Rivers State whereas the constitution of Nigeria is clear that only funds appropriated and approved by the legislature can be expended,” the letter added.
Jaja stressed that the duty of the Ad-hoc Committee is essential to confirm that the Proclamation legislation has been complied with, to prevent autocratic conduct by the sole administrator.
