Prominent constitutional lawyer and Senior Advocate of Nigeria, Dr. Monday O. Ubani, has called on the Sole Administrator of Rivers State to honour the oversight invitation extended by the House of Representatives. In a detailed position paper made available to TheNigeriaLawyer, Dr. Ubani emphasized that legislative oversight remains a cornerstone of Nigeria’s constitutional democracy—even under emergency rule.
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Following the controversial state of emergency declared in Rivers State by President Bola Ahmed Tinubu and the subsequent appointment of a Sole Administrator, the House of Representatives established a Committee to monitor the situation and oversee the administrator’s activities. Questions have since emerged about whether the Sole Administrator is bound to comply.
Ubani offered a firm constitutional interpretation:
“The Sole Administrator is not only legally obligated but constitutionally bound to appear before the Committee. This position is supported by settled principles of constitutional law, legislative competence, and the very architecture of emergency governance.”
He noted that until declared otherwise by a competent court, there exists a presumption of regularity in favour of the President’s emergency proclamation under Section 305 of the 1999 Constitution (as amended). By implication, the Sole Administrator, operating under the emergency provisions, must be held accountable not only to the President but to the National Assembly, which legitimized his appointment.
Oversight Is Not Optional
Ubani stressed that in approving the state of emergency under Section 305(6)(c), the National Assembly attached conditions, including the creation of an oversight mechanism.
“This amendment or addendum to the proclamation is well within the legislative competence of the National Assembly. The Constitution empowers them to impose terms in the course of approval. Legislative oversight is not optional—it’s a constitutional imperative.”
Citing Sections 88 and 89 of the Constitution, Ubani highlighted the National Assembly’s broad investigatory powers over any public officer or entity involved in administering public funds or functions. These powers apply regardless of the nature of the appointment.
“The Sole Administrator, regardless of the emergency context, is administering public resources. He is thus subject to legislative inquiry, just like any elected or appointed public official.”
Legal Precedents and Constitutional Supremacy
Dr. Ubani referred to the 2003 case of El-Rufai v. House of Representatives, where the court affirmed the legislature’s authority to summon public officials over matters concerning governance.
He cautioned against any reliance on emergency proclamations to avoid legislative scrutiny:
“Any claim that the emergency proclamation can shield the Sole Administrator from oversight is legally untenable. Section 1(3) of the Constitution is clear: the Constitution prevails over all other laws, including executive proclamations.”
He further asserted that even if the Sole Administrator receives funding directly from the Presidency, such funds are still public resources and thus remain under the purview of the National Assembly.
Emergency Rule Must Not Become a Shield for Impunity
Ubani warned that failure to appear before the House Committee could set a dangerous precedent, where emergency powers are used to bypass democratic accountability.
“Public service, regardless of origin, must be tethered to transparency and accountability. Legislative oversight strengthens democracy and discourages impunity, especially when executive powers are at their peak during emergencies.”
A Final Word: Constitutional Democracy Must Prevail
Dr. Ubani concluded his commentary with a strong reminder:
“Nigeria is a constitutional democracy, not an executive dictatorship. Emergency powers must operate within constitutional limits. All public officeholders—emergency-appointed or otherwise—must remain accountable to the people through their elected representatives.”
Clarification of Intent
He clarified that his argument does not validate or invalidate the legality of the Sole Administrator’s appointment, a matter for the judiciary to decide. His focus is strictly on the constitutional obligation of the Sole Administrator to submit to legislative oversight, especially as such oversight was a specific condition for the National Assembly’s approval of the emergency proclamation.
“The House of Representatives inserted a clause empowering them to oversee the functions of the Sole Administrator. Their inquiry seeks to ensure compliance with the emergency proclamation and the administrator’s mandate—a function fully aligned with their constitutional role.”
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