The Executive Director of Electoral College Nigeria, Kunle Lawal, has criticised the conduct of the recent local government elections in Rivers State, arguing that the process lacks democratic legitimacy due to the imposition of emergency rule in the state.
Lawal made the remarks on Channels Television’s Sunrise programme on Saturday as residents of the state voted to elect chairpersons and councillors across its 23 local government areas.
“I don’t see democracy in someone that was appointed creating the elected. The elected is always supposed to precede the appointed,” Lawal said, referring to the appointment of a sole administrator by President Bola Tinubu.
Recall that in March, Tinubu suspended Governor Siminalayi Fubara, his deputy, and members of the Rivers State House of Assembly, amid a prolonged political crisis. In their place, Vice Admiral Ibok-Ete Ibas (retired) was appointed as the sole administrator of the state for six months.
Lawal questioned the legality of holding elections under a state of emergency, arguing that democratic processes were undermined. “Section 305 clearly states that democratic structures are suspended indefinitely,” he said. “We saw that in states like Plateau and Adamawa, where elections were not held during periods of emergency.”
He also raised concerns about the credibility of the polls, noting that the state electoral commission chairman was appointed by the sole administrator, who is reportedly not from Rivers State a move that has sparked mistrust among political parties and residents.
As a result, Lawal projected historically low voter turnout, estimating participation could drop to between 4.5% and 5%, down from the usual 6.5%.
However, legal expert and Senior Advocate of Nigeria (SAN) Wahab Shittu, counter with Lawal’s interpretation of the constitution.
“There’s no provision in Section 305 that says all democratic structures must be suspended in a state of emergency,” Shittu said, citing Section 7 of the Constitution, which guarantees democratically elected local government councils.
He insisted that a state of emergency does not automatically invalidate local government elections unless expressly stated in the law.
