An Abuja-based lawyer and National Coordinator of Advocates for People’s Rights and Justice, Victor Giwa, has declared the upcoming Rivers State local government elections, scheduled for August 30, 2025, illegal, unconstitutional, and null and void if conducted under the authority of the state’s Sole Administrator, Vice Admiral Ibok Ete-Ibas (retd).

Giwa made the comments during an interview on Arise TV, responding to the Rivers State Independent Electoral Commission’s (RSIEC) announcement of a revised electoral timetable following the state of emergency declared by President Bola Tinubu.

The RSIEC, led by Chairman Dr. Michael Ekpali Odey, postponed the elections from August 9 to August 30, citing the state of emergency as the reason for the adjustment. The new timetable includes party primaries from July 31 to August 3, candidate submissions by August 4, campaign activities starting August 12, recruitment of ad hoc staff on August 16, and publication of candidate lists on August 20. However, Giwa argues that the Sole Administrator lacks the legal authority to oversee these elections or appoint the RSIEC chairman.

“I am shocked to learn that the Sole Administrator of Rivers State appointed the chairman of the Rivers State Independent Electoral Commission,” Giwa stated. He referenced the Rivers State Independent Electoral Commission Law of 2018, which mandates that the RSIEC chairman and its seven members be appointed by a democratically elected governor and confirmed by the state House of Assembly. “The Sole Administrator is not a governor of the state. He was not elected under any law,” Giwa emphasized, noting that the current suspension of the state House of Assembly further invalidates the appointment of Chairman Michael Ekpali Odey on April 8, 2025.

Giwa clarified that the Sole Administrator’s role, as appointed under Section 305 of the 1999 Constitution, is limited to preventing a breakdown of law and order and ensuring the security of lives and property. “The only reason a Sole Administrator is appointed is for the prevention of breakdown of law and order or ensuring peace and order,” he said. He argued that conducting local government elections falls outside this scope, as it pertains to governance and electoral matters exclusively reserved for an elected governor under Section 7 of the Constitution.

The lawyer warned that proceeding with the election would be a “sham exercise” and a “rape and mockery of our constitution.” He predicted low voter turnout, suggesting that only “friends, family members, and political celebrities” aligned with the Sole Administrator would participate, giving a false semblance of a legitimate election. “It won’t be a reflection of the interests of the people of Rivers State,” Giwa asserted, calling on residents to boycott the polls and challenge the process in court. He expressed confidence that the judiciary would nullify any election held under these conditions, stating, “The courts are ready to annul the election.”

Addressing concerns about the rushed electoral timeline, Giwa suggested that the compressed schedule is designed to “arrange people into the various local government councils” to serve the political interests of the Sole Administrator’s allies. He noted Rivers State’s history of political manipulation, where one individual might sponsor candidates across multiple parties to create a façade of competition. “It is not new for Rivers State. Somebody can buy forms for 23 politicians in PDP, APC, Labour Party, and say, ‘Just come out and contest,’” he remarked.

Giwa also addressed the potential return of Governor Siminalayi Fubara, who was suspended alongside his deputy and the state legislature for six months in March 2025. He clarified that even if Fubara were to return and accept the election results, it would not legalize the process. “The law is specific. You cannot spiritualize it or speculate on the law,” he said, urging Fubara to nullify any arrangements made by the Sole Administrator, reappoint an RSIEC chairman, and conduct a proper election following due process. However, he acknowledged that Fubara’s actions could be influenced by political arrangements, stating, “If Fubara comes back and says he’s fine with the election, that is the ultimate arrangement, but it does not validate what the Sole Administrator has done.”

Regarding potential interventions, Giwa noted that no statement from the Attorney General of the Federation or RSIEC could override the clear legal provisions. “The law is very clear. The Sole Administrator cannot appoint the chairman of the Rivers State Electoral Commission, cannot screen and confirm those members, and cannot conduct local government elections,” he reiterated.

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