Clifford N. Chuku, Esq., a prominent legal practitioner, has accused the Attorney General of the Federation (AGF) of hypocrisy in orchestrating a state of emergency in Rivers State, which he claims contradicts a landmark Supreme Court judgment on federalism and local government autonomy championed by the AGF in 2024.
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In a statement issued today, Chuku highlighted the AGF’s role in securing a Supreme Court ruling in AG of the Federation v AG of Abia State (2024) LPELR-62576(SC), which reinforced the constitutional requirement for democratically elected governance across Nigeria’s three tiers: federal, state, and local government. The judgment, delivered by Justice E.A. Agim, J.S.C., explicitly stated that local governments must be governed by elected councils, as mandated by Section 7(1) of the 1999 Constitution, and cannot be administered by unelected bodies such as caretakers, administrators, or state agencies.
Quoting the ruling, Chuku noted:
“The federal governance structure in the 1999 Constitution consists of three tiers, namely, federal government, state government, and local government. The Constitution requires the government of each tier to be democratically elected… The government of a local government area other than by a democratically elected council is not in accordance with the 1999 Constitution… S.1(2) of the 1999 Constitution provides that no person or group of persons shall take control of the government of any part of Nigeria contrary to the provisions of the Constitution.”
Chuku argued that the AGF’s involvement in the March 18, 2025, proclamation of a state of emergency in Rivers State, which led to the suspension of democratically elected Governor Siminalayi Fubara, his deputy Ngozi Odu, and members of the Rivers State House of Assembly, directly violates the principles upheld in the Supreme Court’s decision. The appointment of Vice Admiral Ibok-Ete Ibas (retired) as Sole Administrator for the state and its local governments, according to Chuku, undermines the constitutional framework the AGF previously defended.
“In less than a year, the same AGF who benefited from the Supreme Court’s far-reaching pronouncements on federalism has midwifed an action that suspends elected officials and installs an unelected administrator,” Chuku stated. “This is a clear double standard and a deliberate affront to the 1999 Constitution, which forbids any person or group from taking control of any part of Nigeria’s government except as provided by law.”
Chuku’s criticism comes amid ongoing unrest in Rivers State, where protests both supporting and opposing the emergency rule have erupted. He called for the immediate restoration of elected governance in the state, warning that the AGF’s actions risk eroding public trust in Nigeria’s democratic institutions.
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