The Minister of Federal Capital Territory, FCT, Minister, Nyesom Wike’s Special Adviser on Public Communication, Lere Olayinka, has said Governor Sim Fubara of Rivers State can’t decide who runs the affairs of local governments in the state.
Olayinka said the Nigerian Constitution and the Supreme Court judgment on local government autonomy states that only democratically elected Chairmen and councillors can run local governments and not state governors.
He was reacting to Fubara’s directive that all the chairmen of the 23 Local Government Areas of the State should hand over to the Heads of Local Government administration immediately.
Fubara gave the order in a bid to enforce the Supreme Court judgment that sacked all local government chairmen in the state.
On Friday, the Supreme Court, in its judgement, delivered by Justice Jamilu Tukur, had declared as invalid the election conducted on the 5th October 2024 through which, 23 Chairmen emerged as winners with 319 councillors.
But, in a state-wide broadcast on Sunday, Fubara said the heads of Local Government administration will take charge and conduct affairs of the councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.
Fubara said: “I have had a meeting with my team of lawyers and they have assured me that the certified true copy of the judgements may be available to them by Friday 7th March, 2025.
“I assure you that upon the receipt of certified judgements, we shall study their ramifications and implement them without reservations to move the State forward.
“Furthermore, given the outlawing of Caretaker arrangements in the Local Government system, I hereby direct the Heads of Personnel Management to immediately take over the administration of the 23 Local Government Councils pending the conduct of fresh elections by the Rivers State Independent Electoral Commission.
“I further direct the outgoing Local Government Chairmen to formally hand over the levers of power to the Heads of Personnel Management by Monday, 3rd March 2025.”
Fubara assured that the Supreme Court judgment would be obeyed.
Governor Fubara stated that since inception his administration has conducted the affairs of government within the framework of the constitution, due process and the rule of law.
Reacting, Olayinka said the constitution allows the Rivers State House of Assembly to extend the tenure of the democratically elected local government chairmen and councillors.
In a chat, Olayinka said: “Governors can no longer direct or order who should run Local governments and who should not.
“It is a clear provision of the Constitution of Nigeria and the Supreme Court judgment on LG autonomy that ONLY DEMOCRATICALLY ELECTED Chairmen and Councillors SHALL run Local Govts.
“It is, therefore, the duty of the Rivers State House of Assembly to extend the tenure of the democratically elected Local Government Chairmen and Councilors whose tenure expired.
“They are the only ones with constitutional rights to run the Local Councils, not anyone directed by the governor.
“Section 135(3) of the 1999 Constitution even empowers the National Assembly to extend the tenure of the President in the event of inability to hold elections.”
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