Ogona Anita
A former Deputy Speaker of the Rivers State House of Assembly, Marshall Stanley-Uwom, has approached the Federal High Court in Abuja to restrain the Federal Government from disbursing allocations to local government councils in Rivers State under the administration of the sole administrator, Vice Admiral Ibok-Ete Ibas (Rtd).
The plaintiff, in a suit numbered FHC/ABJ/CS/797/2025, filed on April 24, argued that, under Section 7(1) of the 1999 Constitution (as amended) and in line with a Supreme Court judgement, the sole administrator lacks the legal authority to appoint unelected officials as caretakers for local government councils in Rivers State.
The plaintiff in the suit dragged President Bola Tinubu, the National Assembly, the Senate, the Senate President, the House of Representatives, the Speaker of the House of Representatives, Vice Admiral Ibas (Rtd), the Central Bank of Nigeria, the Accountant-General of the Federation, and the Federation Account Allocation Committee, before the Court as 1st to 10th defendants, respectively.
Stanley-Uwom (plaintiff), in the Sioux contended that Sections 7(1) of the Constitution, the Electoral Act, and the Supreme Court decision prohibit the CBN, Accountant-General, and Federation Account Allocation Committee from releasing funds meant for local government councils in Rivers State to unelected officials appointed by the sole administrator.
The plaintiff further stated that the “Constitution requires the government of each tier (Federal, State, and Local Government) to be democratically elected.”
He further added that for Local Government Areas, specific provision for their governance is made in Section 7(1) of the 1999 Constitution, which provides that “Local government shall be by democratically elected Local Government Councils.”
He further argued, stating, “The Constitution, having prescribed that its government shall be by democratically elected Local Government Councils, cannot be governed by any other body or means. Therefore, it cannot be governed or administered by the Federal Government, State Government, Governor of a State, Local Government Caretaker Committee, Interim Local Government Council, Administrator, Head of Local Government, or by whatever name called, or by any other state agency or other body.”
The plaintiff also states that the government of a Local Government Area other than by a democratically elected council is not by the 1999 Constitution, and anything contrary would be unconstitutional, illegal, and of no effect.
The plaintiff, who served as a lawmaker during the tenure of Mr. Nyesom Wike as governor of Rivers State, among others, sought the following reliefs: “A declaration that the state of emergency proclaimed in Rivers State by the President has ceased to have effect.
“An order compelling the 7th defendant (Ibas) to vacate the office of sole administrator and allow the democratically elected governor to resume office.
his originating summons, filed through a legal team led by Sylvester Evbuomwan, Stanley-Uwom posed four key questions for the court to determine:
“Whether the proclamation of a state of emergency in Rivers State remains valid in the absence of a resolution supported by a two-thirds majority of all members of each house of the National Assembly, as stipulated under Section 305(6)(b) of the 1999 Constitution.
“Whether the sole administrator can lawfully appoint unelected officials as caretakers to manage local government councils in Rivers State, under Section 7(1) of the Constitution and a Supreme Court decision in AG of the Federation v. AG of Abia State & Ors (2024).
“Whether the CBN, Accountant-General, and Federation Account Allocation Committee can legally release allocations to unelected officials in Rivers State under the same constitutional provisions.
“Whether the sole administrator has the legal authority to remove the Chairman and members of the Rivers State Independent Electoral Commission, who were duly appointed and confirmed by the Rivers State House of Assembly, and replace them.
In a 16-paragraph affidavit, the plaintiff detailed his reasons for initiating the suit. He emphasised his status as a traditional prince and former Deputy Speaker of the Rivers State House of Assembly, describing himself as a stakeholder in the state’s political affairs.
He stated that during the 2023 general elections, Siminalayi Fubara was elected as governor of Rivers State but was suspended following the declaration of a state of emergency.
He argued that, meanwhile, the 1st defendant’s proclamation of the state of emergency lacked the necessary two-thirds majority approval in the National Assembly.
The plaintiff also accused Ibas (Rtd.) of mismanaging Rivers State’s funds by allocating them without parliamentary approval and appointing caretaker committees to oversee local governments.
No date has been set for the hearing of the case.
