Thursday, June 26, 2025

Without a doubt, the Tinubu administration appears bent on reducing Rivers State, the capital of Nigeria’s oil and gas industry, to a conquered territory. In a myopic and unstatesmanly move, shaking the country’s constitutional order and regional sensibilities, the man obviously yes, sir Senate under Godswill Akpabio, without weighing the implications thoroughly, confirmed Dr. Michael Ekpai Odey, a Cross River native, as Chairman of the Rivers State Independent Electoral Commission (RSIEC).

The appointment sparked widespread outcry, with critics calling it an overreach of federal authority and a dangerous precedent under the messy emergency rule in Rivers.

Odey is a retired official of the Independent National Electoral Commission (INEC), who hails from the same Cross River State as Ibok-Ete Ekwe Ibas, the sole administrator currently heading Rivers following President Bola Tinubu’s suspension of its elected governor and legislature.

His nomination was allegedly handpicked by allies of former governor Nyesom Wike and passed to Ibas, sailed through the Senate barely two days after a committee initially expressed reservations about a non-indigene heading a state electoral body.

Akpabio announced the confirmation of Odey and six other commission members—Lezaasi Lenee Torbira, Prof. Arthor Nwafor, Prof. Godfrey Woke Mbudiogha, Dame Joyce Akaninwor, Dr. Olive Bruce, and Prof. Chidi Halliday—despite unresolved constitutional questions.

The new RSIEC team replaces the Justice Adulphus Enebeli-led commission, which had scheduled a fresh round of local government elections for August 9, following a Supreme Court nullification of the earlier October 2024 polls over electoral law violations.

Critics say the swift confirmation of Odey, seen as an outsider and ally of Rivers’ de facto power bloc, undermines democratic norms and risks further marginalising indigenous Rivers interests. Concerns are also swirling that the new commission could fast-track the installation of Wike loyalists as council chairmen and councillors across the 319 wards and 23 local government areas of the state.

Odey has defended his appointment by claiming that his outsider status ensures neutrality: “My non-indigeneship gives me the leeway to conduct a free, fair and credible election,” he stated. Akpabio echoed the sentiment, urging the commission members to maintain integrity and transparency.

Before Akpabio’s Senate confirmation, a civic group, Centre for Reform and Public Advocacy’(CRPA), warned the Red Chamber that it will take legal and all necessary actions against it if it grants President Tinubu’s request for the appointment of the Chairman and commissioners of RSIEC.

Specifically, CRPA said the president lacks the constitutional power to appoint officials of RSIEC for the purpose of conducting local government elections and therefore urges the Senate not to give approval to the nominees of the president for appointment as officials of the commission.

By virtue of sections 197 and 198 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the group went on, it is the exclusive reserve of the governor of Rivers to appoint the chairman and members of the state Independent Electoral Commission which is subject to confirmation by a resolution of the state House of Assembly.

It explains that based on the provisions of the constitution, only state governors are empowered to do so, adding that giving approval to the presidential nominees by the Senate will amount to flagrant abuse and breach of the 1999 constitution as amended.

These are contained in a letter addressed to the Senate President in which the advocacy group pointedly said there is no vacancy for President Tinubu to fill in the Rivers State Independent Electoral Commission at the moment on the ground that tenure of those legally appointed into the commission has not lapsed.

It specifically said the president has no constitutional power or power under any law whatsoever to appoint electoral officers for Rivers or any state in the country to conduct council elections. The CRPA’s letter was signed by Kalu Agu Kalu, Head of its Legal Unit, who notes that it is unlawful and illegal for Tinubu to have sought to appoint electoral officers for the purpose of conducting election for local governments in Rivers.

The letter further states; “In line with our objectives, we respectfully wish to bring to your notice that there is no vacancy at RSIEC. This letter is predicated on the misguided letter from President Tinubu to you, requesting the approval for the appointment of a chairman and six members of RSIEC.

“It is common knowledge that RSIEC has been duly constituted and has been discharging its constitutional and statutory mandate as envisaged by the grundnorm, the latest of its activity being the conduct of the October 5, 2024, Rivers local government election which the apex court nullified.

“The procedures for the removal of the chairman and members of the state independent electoral commission are clearly spelt out in section 201(1)(2) of the 1999 Constitution (as altered). One, therefore wonders the rationale behind the letter from President Tinubu seeking the approval of the Senate for the appointment of the chairman and six members of RSIEC when their tenure of office is still subsisting and no one has seen any resignation letter from them.

“Arising from the above, we respectfully urge you to halt the process of confirming the names of the said nominees from the President as there is no vacancy at the RIvers State Independent Electoral Commission.

“Take Notice that in the event you fail to heed to our demand within two days of receipt of this letter, we shall approach the court for an order of injunction restraining you from going on with the process of confirming the said nominees as same is not only unconstitutionally but illegal, unlawful and an affront to the tenets of democracy.

“We are hopeful that you will allow wise counsel prevail in the circumstance so as to avert unnecessary litigation and waste of public funds which are used to sustain your proceedings in the Senate”, CRPA said.

While we look forward to the group taking legal and all necessary actions it promised against the Senate, top civil servants of Rivers are being accused of hoarding financial information required to ensure proper account of expenditure of the state at the time of submission of its budget estimates.

Ibas, a retired Vice Admiral of the Nigerian Navy, made the weighty accusation when he appeared before the House of Representatives Committee on Rivers State to defend the state’s proposed budget for the 2025 fiscal year. During his appearance before the House panel, Ibas appealed for patience and requested additional time to compile a comprehensive report detailing the state’s financial and administrative operations.

That marked his second appearance before the House committee in 2025, following earlier instances where he had missed invitations to testify. The proposed budget, set at N1.481 trillion, was submitted to the House of Representatives by President Bola Tinubu on May 22, 2025. The budget was considered, passed for second reading, and referred to the Ad-Hoc Committee for further legislative scrutiny and action.

The scale of the budget has drawn attention, particularly given the fact that the state is currently under the administration of a sole administrator following the suspension of its democratically elected governor and legislature.

Another civic group, Policy and Legal Advocacy Centre (PLAC) says Rivers is historically known for its complex political dynamics and significant revenue profile, making the governance structure and budget management particularly consequential.

At the meeting, the House committee led by Julius Ihonvbere (APC, Edo) affirmed its commitment to restoring stability, peace and development in Rivers.

The budget proposal allocates funds across various sectors including infrastructure, health, education, and pensions and is expected to undergo detailed scrutiny. The committee is expected to commence budget defence sessions with relevant state officials in the coming weeks.

In the broader national context, Rivers’ situation continues to attract attention amid ongoing debates about federalism, governance accountability, and state autonomy in Nigeria.
According to PLAC, observers have raised concerns about the legal and constitutional basis of the sole administrator arrangement, questioning whether it undermines democratic principles that should underpin public budgeting and policy formulation.

Nonetheless, Ibas’s engagement with the legislative arm of the Nigerian government signals a tentative step toward institutional dialogue and oversight. With N1.481 trillion on the table, the stakes are considerable, underscoring the need for transparent processes that can assure citizens of responsible stewardship during this extraordinary political transition.

LAST LINE

CRPA has kept to its promise. It has dragged President Tinubu, the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, and the National Assembly before an Abuja Federal High Court, challenging their powers to appoint officers for RSIEC.

In a suit, FHC/ABJ/CR /1196/2025, it’s praying the court to set aside the purported nominations carried out by Tinubu and the approval by the Senate on the grounds that they lacked the constitutional powers to appoint officials for a state electoral commission.

It argues in the suit filed filed Kalu Kalu Agu, that only the governor of Rivers is constitutionally empowered to appoint chairman and members for the RSIEC. In an originating summons, the plaintiff prayed the court to determine whether by virtue of the combined effects of Sections 11(4), 197, 198, 199 and 201, of the 1999 constitution, the president has powers to seek approval of the Senate to constitute an electoral committee for the conduct of local government elections in Rivers.

In the affidavit deposed to by Emmanuella Alisi, the Centre said that as a follow up to the alleged unlawful emergency rule, President Tinubu acting on the advice of the AGF, sent a list of nominees to the Senate to be confirmed as members of the Rivers State Independent Electoral Commission.

Joined in the suit as defendants are Rivers governor of Rivers, the state electoral commission and Justice Adolphus Enebeli, RSIEC’s Chairman. No date was immediately fixed for hearing of the suit.