On Friday, the Rivers State Independent Electoral Commission (RISIEC) began screening the candidates that won the primary elections of their party for the August 30th local government elections in Rivers.
Some chairmanship candidates, who curiously emerged from the All Progressives Congress (APC) such as Dr Chidi Lloyd, Emohua Local Government Area; Chima Njoku, Etche and Akuro Tobin, Akuku Toru, reportedly participated in the screenings. But the exercise lacked the pomp that hitherto accompanied such an event.
The election scheduled for August 30th has been trailed by a cacophony of voices wafting from the subdued political crisis to question its constitutionality.
Persons politically alienated, silenced and forcefully axed by the reconciliation that reintegrated the suspended Governor of Rivers, Sir Siminalayi Fubara, into his original political family led by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, are kicking against the election.
The opponents of the election are questioning its legality suggesting that the Sole Administrator of Rivers, Vice-Admiral Ibok-Ete Ibas (retd) lacks the constitutional mandate to conduct the local government poll.
Voicing out their frustration recently in an open letter they sent to President Bola Tinubu, 23 politically displaced individuals, who described themselves as major stakeholders, led by Atedo Peterside, Celestine Omehia, Uche Secondus, Chief Abiye Sekibo among others insisted that the proposed election was an existential assault on democracy and a brazen flouting of the Constitution.
First they argued that RISIEC was not legally constituted and lacked the mandate to conduct the election. “Any electoral activities undertaken by such an illegitimate body are null and void”, they claimed. According to them only the elected governor, upon confirmation by the Rivers State House of Assembly, is empowered to appoint the chairman and members of RISIEC.
The opponents further picked holes in the election timetable claiming that RISIEC ignored the mandatory 90-day notice requirement before an election, opining that the electoral body failed to give formal notification for candidates’ nominations; a system they argued resembled the 2024 election, which the Supreme Court annulled following procedural failures.
They also told the President that part of their angst was that the preparation for the poll was ongoing despite multiple litigation challenging the existence of RISIEC. They argued that Rivers State is under a state of emergency, which the Independent Electoral Commission (INEC) considered and halted some by-elections. “If INEC deems by-elections untenable under such conditions, how can local government poll be justified?” They queried.
The stakeholders called on President Tinubu, the National Assembly, the judiciary, civil society organisations, the media, international community and all defendants of democracy to intervene in Rivers’ situation.
In a similar outburst, a lawyer, Dr. Innocent Ekwu, criticised RISIEC for issuing a 21- day notice for the election describing the timetable as illegal. Ekwu said: “The 21 days given by the RISIEC to conduct the Rivers State Local Government elections is illegal, unconstitutional and an affront to the Constitution of the Federal Republic of Nigeria and the entire exercise and the outcome will become null and void and of no effect.
“The timetable violates the provisions of the Electoral Act because the Act requires that 90 days’ notice must be given before the conduct of any election in Nigeria and this notice given by RISIEC falls short of the requirements of the law and renders proposed election, the entire activities leading to it and the outcome illegal”.
Some had also gone to court under civil society organizations to query the legality and constitutionality of the local government elections.
But the proponents of the proposed election lambasted the opponents and antagonists describing them as ignorant. The supporters said the ‘internally displaced politicians’ seem to have forgotten that Rivers is under an emergency rule and that the scenario gives omnibus powers to the President to decide the governance structure of any area covered by emergency.
In such situations, they said the president possesses the powers to suspend, alter or review any aspect of the constitution to achieve the objectives of the emergency. They insisted that the opposition was speaking out of frustration and not out of their knowledge of the law.
Dismantling the opinions of the opponents, Wike, who is also a lawyer and former Rivers governor, gave a vivid explanation on the powers of the President under the emergency rule and justified the constitutionality of the ongoing local government election in the state. He also asked those in disagreement of his analysis to test their judicial opinions in court instead of displaying their ignorance in public commentaries.
Wike said in modifying the law through new regulation, President Tinubu cured the crisis that would have resurfaced in local government areas if the elections were not conducted within the emergency period. He insisted that the President considered the interest of Rivers’ grassroots administration in his modifications.
Wike said: “Where you advocate law is not on television. It is in the courtroom. When the state of emergency was declared, they said it was illegal. How many of them have pursued the case till today? Filing a matter is different from pursuing the case. It is to play to the gallery.
“I hear people quoting the Supreme Court judgement. Who went to the court over the Supreme Court judgement? We did. The law allows an emergency to deal with an emergency situation.
“The 1999 Constitution gives the President the power to modify the law and that was why in 2004 under President Obasanjo we had the modification law of 2004 under the Emergency Act and retained the provisions that under the emergency rule the President can suspended, modify some aspects of the law to allow him make a regulation that will guide the governance of the emergency areas.
“That was why President Tinubu, based on the modification law of 2004 made by Obasanjo, made a regulation. The first regulation on the conduct of local government election was made in June where the President said the election should be conducted under the emergency rule in order to bring back democratic structures in certain emergency areas that they needed to suspend or modify the application of the Electoral Act of 2022, the application of the Rivers State Local Government Independent Law and the Rivers State Local Government Electoral Tribunal Law and gave 90 days within which the election should be conducted in order to bring back democratic structures.
“It is only in the local government that there is no democratic structure, which was nullified by the Supreme Court. When you say under emergency, they have no powers to conduct the election. How could anybody say so? Remember the Supreme Court judgement where there is no local government, they cannot have access to the funds at the Federation account and no governor can set up caretaker committees.
“But that judgment was set aside because of an emergency rule and was kept in abeyance to allow the local government to access funds and that was why they appointed Sole administrators. The Supreme Court also said because of no budget for the state government, they cannot have access to the Federation account. Assuming there was no emergency rule, would the local government have accessed funds today? Would the state have accessed funds today?
“The President, in his wisdom, to bring peace and restore democratic governance in local government, came against another regulation, which was signed in July, that this election must be conducted within 30 days, because the president, from my understanding, doesn’t want to extend the emergency rule.
“But if you don’t conduct the local government election within the emergency rule, how will the local government access funds after the emergency, especially as the governor cannot appoint caretaker committees based on the Supreme Court judgement? Is that a recipe for a crisis in the local government?
“If you don’t conduct that election now and the governor comes, the governor must give a notice of one year according to the Supreme Court judgment. And when you give such notice, you cannot set up a caretaker committee and they cannot have access to the Federation account. What then happens to the local government?”.
Moreso, parties of like minds under the auspices of the Rivers State Coalition of Political Parties came together to dismiss the opponents of the proposed poll.
The political parties observed that persons who supported the October 5th, 2024 local government elections were behind the attempt to discredit the forthcoming poll.
The coalition through its Publicity Secretary, Prince Favour Reuben, defended the RISIEC and called on all stakeholders to back the commission’s efforts to return democracy to the grassroots.
Reuben said: “The disheartening narrative is aimed at undermining the integrity of the forthcoming poll. We assure you that this electoral process is robust, transparent and free from all impediments. It is the reality backed by facts.
” It will be conducted in strict accordance with the law establishing the RISIEC. The previous commission proposed August 9 as the Election Day, but the revised timetable is to ensure a properly organized process. The revised timetable addresses every crucial aspect of a credible poll.
“It is ironic that the very individuals who once celebrated the illegality of October 5 are now attempting to discredit the forthcoming poll. The state of emergency transferred executive and legislative functions to the presidency and the National Assembly. This paved the way for an experienced sole administrator and RISIEC to operate with legitimacy. RISIEC is dedicated to returning true democracy to our grassroots”.
Reuben said RISIEC only extended and readjusted the timetable to enable it make adequate logistic arrangements for the election and called on the civil society group to unite in support of the commission to ensure credible elections.
Reuben said: ” Some of the political parties threatening to withdraw are motivated by concerns over potential funding unavailability. We must not allow selfish interests to overshadow immense democratic benefits that await us. We stand firm in our support of RISIEC.
“This is your opportunity to leverage your votes in favour of grassroots democracy. Let us join hands to chart a new path forward and shun violence and social vices that could tarnish our image”.
The Chairmanship Candidate of Emohua Local Government Area, Dr Chidi Lloyd also disagreed with the attackers of RISIEC and the electoral timetable.
While asking them to challenge their conviction in court, Lloyd urged them to read a copy of the Emergency Rule Act of 2024 as amended to enable them to speak from the position of knowledge.
He said: “The lawyers opposed to the election should avail themselves a copy of the Emergency Rule Act 2024 of the National Assembly as amended. The Emergency Rule Act gives the President power to make laws, give directives and to amend certain aspects of the Constitution or halt certain aspects in an emergency situation.
“All of these directives were given by Mr President. The one for the date was issued in July. It is important that commentators should talk from the point of knowledge and not to grandstand based on their interest.
“Besides, rather than speaking from the TV, the lawyers should challenge whatever they think is an anomaly. It will help to grow our jurisprudence. They should go to court”.
Despite the opposition, RISIEC is said to be working round the clock to conduct the elections. The commission has religiously followed the revised timetable it issued on July 28 insisting that the election must go according to plans. The Chairman of RSIEC, Michael Odey, while issuing the timetable explained that the decision to readjust the poll was informed by the prevailing circumstances in the state. He cited constitutional provisions, which empowered the commission to reschedule elections in situations of crisis or potential unrest.
The RSIEC Chairman further assured the public that the commission was fully prepared to deliver a free, fair, and transparent electoral process.He emphasised that the commission would strictly adhere to all electoral guidelines, and that voters would be able to cast their ballots without fear or intimidation.
He said: “Today marks a critical milestone in our journey to ensure a transparent, free, fair, credible and inclusive electoral process. Now, what we are about to unveil today, is not merely a timetable of events, it is a commitment to electoral due process, it is a commitment to electoral timeliness grounded in law, it is a commitment to fairness to all participants in the electoral process.
“We recognise that each one of you has a pivotal role to play in the process and we look forward to continued collaboration and vigilance, including your support as we throng along to the election day.
“We in the 7th Commission, in accepting this national assignment and responsibility, we are not unaware of the weighty implications and huge significance particularly in the light of this incredibly extraordinary period, in the democratic evolution of Rivers State.
“Now, periodic elections all over the world are arguably the cornerstone, it is a hallmark, it is, if you like, a precedent for a sustainable democracy. “Furthermore, we are going to ensure that the prospective voters have a free and unfettered access to the electoral sites and venues and polling units to exercise their civil responsibility.
“We are also going to make sure that prospective voters are allowed freely, without intimidation or coercion to make their choices and we are going to make sure that the entire process is not transparent, free, fair, credible and inclusive, but that it is going to be seen as such”.
He added: “Electoral laws and timelines are sacrosanct. As a matter of fact on a personal level, I have an incurable obsession for electoral due diligence, I am a stickler to that and I have no apologies at all. I am very stubborn in adherence to these regulations because the people of Rivers State desire nothing less.
“And so, what I want to ask of the good people of Rivers State here and now, on behalf of the commission is to give us your support and cooperation, we will deliver to you the best of elections, we will do that in excellence, in honour, with dignity and integrity.”
Following the assurances of RISIEC, it was observed that while some political parties are actively participating in the process, others are in akimbo observing the process, perhaps exploring legal loopholes to challenge the process in court.
The Social Democratic Party (SDP), the Labour Party (LP), the Peoples Democratic Party (PDP) and the Chief Tony Okocha-led All Progressives Congress (APC) were said to be actively participating in the elections. The four parties had already signed a peace agreement ahead of the elections.
But nothing has been heard about the newly formed coalition, the African Democratic Congress (ADC), the Emeka Beke-led All Progressives Congress (APC) and the All Peoples Party (APP). They are not preparing for the election.
The state Publicity Secretary of the ADC, Egila Luckyman, said the party had not yet decided on participation. Luckyman said the decision would be taken at an unknown future date when all stakeholders would gather for a meeting to decide the party’s direction in Rivers.
He said: “In the coming days the critical stakeholders of the ADC will meet, deliberate and share our position on whether we will be partaking in the forthcoming LG election or not. That is our position. It is after the meeting that we will tell everyone our position”.
For the APP, which won almost all the chairmanship and councilorship positions in the October 5th, 2024 local government that was nullified by the Supreme Court, its participation in the forthcoming poll was said to be hanging in the balance. The state Chairman of the party, Sunny Wokekoro, said the party had yet to receive a signal from its national headquarters.
He said: “I have not heard from my National secretariat because we do not work in isolation. I am yet to hear from my National Executive whether we should participate or not. Our secretariat has lawyers, who are also reviewing the legality of participation in the poll”.
The talk of the town, however, is the unique political realignment between the Okocha-led APC and the PDP in the state. Members of the political family of Wike, who were hitherto staunch PDP members, were seen emerging as APC and PDP candidates. Most people were surprised that in the strange alliance, which bears footprints of future political calculations, more APC slots were given to former PDP members in Wike’s camp. All of them, including the councillors emerged in a consensus arrangement.
Analysts believe that the arrangement is designed to lay a foundation to the ongoing move for the entire governance structure of the state to easily move to the APC at the end of the emergency rule.
By all indications, despite the opposition of some stakeholders against the election, the poll will hold within the emergency rule as planned and the critics only have the courts to test their opinions.
