In a landmark ruling delivered yesterday at the Federal High Court in Port Harcourt, Justice Mohammed Ibrahim has issued an interim injunction restraining the Rivers State Sole Administrator from appointing administrators for the 23 local government areas in the state.
The court’s decision comes after a group of concerned citizens, led by Chief Sokari Davies, filed a suit challenging the constitutionality of appointing local government administrators without conducting proper elections as stipulated by the Nigerian Constitution.
Justice Ibrahim, in his ruling, emphasized that the Constitution recognizes local governments as the third tier of government that must be democratically constituted.
The court cannot stand by and watch the constitutional provisions on democratic governance at the local level be subverted through administrative appointments, he stated.
The Sole Administrator, Mr. Abubakar Bello, who was appointed by the Federal Government following the recent political crisis in Rivers State, had announced plans to appoint caretaker committees to manage the affairs of the local government areas, citing the need to ensure continuity of governance at the grassroots level.
However, the plaintiffs argued that such appointments would violate Section 7 of the 1999 Constitution (as amended), which guarantees the existence of democratically elected local government councils. Their lead counsel, Barrister Chijioke Nwosu, maintained that no individual or authority has the right to circumvent the constitutional provision for elected local government councils.
In his response to the ruling, the State Commissioner for Information, Dr. Paulinus Nsirim, stated that the state government would study the court’s decision before making an official statement. We are committed to upholding the rule of law and will respond appropriately after consulting with our legal team, he said.
Political analysts believe this ruling could have significant implications for states where appointed caretaker committees have replaced elected councils. Professor Adewale Johnson of the University of Port Harcourt noted that
this judgment reinforces the constitutional imperative of democratic governance at all levels and could trigger similar legal challenges across other states.
The court has adjourned the case for substantive hearing until next month, while directing all parties to maintain status quo. Meanwhile, the Nigerian Bar Association, Rivers State Chapter, has welcomed the court’s decision, describing it as a victory for constitutional democracy and the rule of law.
Local government workers, who have been apprehensive about their fate under the proposed new administrators, have expressed relief at the court’s intervention. Mr. Tamuno Briggs, Chairman of the Local Government Workers Union, Rivers State Chapter, said, This gives us hope that proper democratic structures will eventually be restored at the local government level.
As tension continues to mount in the political landscape of Rivers State, citizens await the next move from the Sole Administrator, who must now navigate this legal obstacle while attempting to fulfill his mandate of restoring normalcy to the state’s governance structures.
