Amid escalating tensions in Rivers State, the appointment of a Sole Administrator, Vice Admiral Ibok-Ete Ekwe Ibas (rtd), by President Bola Tinubu has sparked legal and constitutional debates. Recent reports claim that Ibas may be planning to appoint administrators across the 23 Local Government Areas (LGAs) in the state — a move that legal experts argue contradicts Nigeria’s constitutional provisions.
A legal practitioner, Barrister Yusuf Temilola, has expressed strong opposition to these alleged plans, asserting that under the 1999 Constitution of the Federal Republic of Nigeria, only democratically elected officials have the right to head local governments.
“No individual or state government can lawfully oversee local government functions without an electoral mandate,” Temilola told New Daily Prime.
He referenced Section 7 of the Constitution, which guarantees the autonomy of local governments and mandates their administration through elected councils.
Temilola further cited recent decisions of the Supreme Court of Nigeria, including the case AG Fed v. AG Abia & Ors, which reaffirmed that the removal or appointment of local government chairmen without due process violates constitutional law.
“Any administrator appointed without following due process — especially in the absence of democratic elections — is acting in breach of the Constitution,” he emphasized.
His position echoes that of the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, who recently reaffirmed that no governor or appointee has the right to remove elected local government officials.
“Such removal lies solely with the legislative arm of the local council,” the AGF said in a public statement.
Legal Expert Denies Ibas’ Authority to Appoint LG Officials
Barrister Temilola reiterated that Vice Admiral Ibas, despite being appointed as a Sole Administrator, lacks any constitutional authority to appoint local government chairmen or administrators.
“It is not envisaged by law, nor is there any constitutional provision that permits such appointments by a state administrator. It contradicts both the letter and spirit of the Constitution,” he concluded.
As the situation in Rivers State continues to unfold, legal experts and civil society alike are watching closely. The debate has reignited broader conversations around local government autonomy in Nigeria, democratic governance, and adherence to constitutional frameworks in resolving political crises.
Damilola Olufemi
