Rivers
Rivers LG Crisis: APC Chieftain Declares Fubara’s Action Constitutional
An All Progressives Congress (APC) chieftain in Rivers State, Barr. Sogbeye Eli, has declares as constitutional the action of the State Governor, Sir Siminalaiyi Fubara, in the ongoing political crisis over the expiration of the tenure of chairmen of the 23 Local Government Areas (LGAs) in the State on Monday, June 17, 2024.
Speaking exclusively in a telephone interview, recently, in Port-Harcourt, Eli said there was nothing unlawful about the action of the Governor in directing the newly sworn-in Caretaker Committee Chairmen to take over the reign of affairs in the 23 LGAs.
He noted that the Law No. 2 of 2024 made by the estranged Speaker of the Rivers State House of Assembly, Rt. Hon. Martins Amaewhule, and the sacked 26 members of the Assembly, extending the tenure of the outgone Chairmen by six months had been expunged from the laws of Rivers State by Justice DG 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 as amended, and in 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 room for second term.
“But the tenure of these guys elapsed on the midnight of last Monday, June 17, 2024. That is the law and the Constitution”, he said.
Eli, who was the spokesman of the APC Campaign Council in the 2023 general elections in the state, said he relyed on the judgment of the Supreme Court in the case of the Attorney -General of the Federation versus the Attorney -General of Abia State, which ruled on the tenure of the Council Chairmen in the state in 2021, adding that the judgment applies to all the states of the federation.
He, however, noted that there were few former Chairmen who are still eligible to seek re-election into the Councils whenever election is scheduled by the Rivers State Independent Electoral Commission (RSIEC).
Bethel Toby