Dr. Tonye Clinton Jaja, a legislative attorney, has requested that the House of Representatives Ad-hoc Committee on Oversight of the State of Emergency in Rivers State question Ibok-Ete Ibas, the state’s sole administrator, regarding “unconstitutional” actions he has been taking in carrying out the emergency rule proclamation.
According to reports, Ibas accepted the House committee’s invitation on April 25, 2025, but begged for further time to adequately inform the legislators on the circumstances in Rivers.
The meeting was called in accordance with the House of Representatives’ decision to assume legislative responsibilities in Rivers after the State Assembly was suspended for the six-month emergency rule. Sim Fubara, the governor, and his deputy were also placed on leave for the length of the emergency.
Legislative drafting specialist Jaja pointed out unconstitutional actions taken by Ibas in running Rivers State in an open letter to Professor Jake Dan-Azumi, Head of Secretariat of the Reps Ad-hoc Committee on Rivers. He said that the lawmakers ought to demand answers from the only administrator.
“Open Letter to Prof. Jake Dan-Azumi, Head of Secretariat of the Ad-hoc Committee of the HoR on Oversight of the State of Emergency in Rivers State (Questions That The Sole Administrator Must Answer Regarding Dissolution of the Rivers State Judicial Service Commission, Appointment of LGA Sole Administrators, and Exercise of Core Legislative Functions by the Sole Administrator)” is the title of the letter dated April 28, 2025.
Jaja, the director of the Centre for Legal, Parliamentary and Printing Consult (PTY) Limited (CLPPC), pointed out that the National Assembly has oversight over the only administrator of Rivers State because it created the Proclamation State of Emergency (Rivers State) 2025 through legislation.
The letter added, “There are many issues that your Committee ought to provide clarification when you finally get the chance to hold the meeting with the Sole Administrator of Rivers. Let me point out some as follows:
“The Proclamation of a State of Emergency in Rivers State does not imply that the legislature and the will of the people was removed and replaced by a military styled dictatorship. It appears that the Sole Administrator of Rivers State and his legal advisers are of the opinion that the legislation that Proclaimed a State of Emergency in Rivers State gave him the powers to perform legislative functions.This wrong impression is far from the truth, Section 3 of the said legislation specifically stated that the only form of legislation to be enacted is Regulations, and Regulations are a form of subsidiary legislation that are made pursuant to a primary legislation (which in this case is the Proclamation of State of Emergency in Rivers State, 2025 as enacted by the National Assembly pursuant to Section 305 of the Constitution of the Federal Republic of Nigeria, 1999).
“Even the said Regulations which the Sole Administrator is authorised to enact are subject to the prior approval of the President of the Federal Republic of Nigeria as specified under the Proclamation of State of Emergency in Rivers State, 2025.
“The judgment of the 28th February 2025 of the Supreme Court of Nigeria was specific in stating that it is never in the contemplation of the Nigerian Constitution that a military dictatorship (or in this instance, a Sole Administrator
of Rivers State) would replace and over-ride governance by the people through their representatives as constituted by a legislature. It is true that the said legislation suspended the entire members of the Rivers State House of Assembly, however, it did not suspend the representatives of the people of Rivers State at the National Assembly.
“Therefore, as representatives of the people of Rivers State, the Ad-hoc Committee on Oversight of Rivers State is humbly appealed to question whether there was any input of Rivers State people or their representatives regarding the Sole Administrator of Rivers State when he appointed 23 Local Government Area (LGAs) Sole Administrators for the 23 LGAs Councils of Rivers State and other actions involving appropriation of funds of the Rivers State government bearing in mind that by its judgment of July 2024, the Supreme Court of Nigeria has laid down a rule of law that it is illegal for LGAs in Nigeria tobe administered by non-elected officials and it is also illegal to allocate funds to any such LGAs that are administered by non-elected officials.”
The attorney added that the lawmakers ought to question the sole administrator about how he obtained the authority to dissolve the Rivers State Judicial Service Commission and other comparable statutory bodies, like the Rivers State Independent Electoral Commission (RSIEC), on his own initiative and without receiving consent from any legislature.
“Assuming the Sole Administrator of Rivers State is to argue that he derived the power pursuant to Section 3 of the Proclamation legislation, the said Proclamation legislation only empowers the Sole Administrator to enact Regulations which are a form of subsidiary legislation. And there is no way on earth that a subsidiary legislation can be enacted to nullify or amend the wordings of a primary legislation such as the Rivers State Independent Electoral Commission Law, No 2 of 2018.
“There are many other questions that the Ad-hoc Committee on Oversight of theState of Emergency in Rivers State ought to ask the Sole Administrator such as where he received legislative approval for appointment of a Secretary to the Rivers State Government and other officials who are to receive appropriation from the funds of Rivers State whereas the constitution of Nigeria is clear that only funds appropriated and approved by the legislature can be expended,” the letter added.
Jaja emphasized that the Ad-hoc Committee’s responsibility is crucial in ensuring that the Proclamation legislation has been followed in order to avoid the lone administrator acting in an autocratic manner.
