September 30, (THEWILL) – The lingering supremacy battle between Governor Siminalayi Fubara of Rivers State and Minister of the Federal Capital Territory, FCT, Nyesom Wike is threatening to scuttle the Local Government Election in the state.
Since July 13, 2024 when the Federal Government constituted a 12-man Committee, led by the Secretary to Government of the Federation, George Akume, to enforce the April Supreme Court ruling that granted financial autonomy to the 774 local government areas in the country, many states where caretaker committees chairmen still preside over the councils have been rushing to conduct elections.
While many affected states have gone through the electoral processes smoothly, Rivers State is facing legal challenges and a political crisis arising from the conflict between Fubara and Wike that has polarised the state.
The alleged hijack of the state PDP structure by Wike and the subtle support he enjoys from the National Working Committee of the party has left the governor’s supporters with no option.
A dependable government source told THEWILL that the governor had no hand in the decision of the council chairmen. According to him, the party claimed that it respected a court order in June, 2024, stopping it from conducting a congress in the state. “But the party had names for the congresses that were submitted to the NWC. They accepted the list and kept it, saying the NWC cannot approve it without the consent of the National Executive Committee, NEC. Till date, there is no confirmation of that list. So, ask me which party executive will give an order to members of the party to defect?”
THEWILL recalls that Justice Charles Wali of the state High Court had in July 26, 2024 forbiden the party, its National Chairman Iliya Damagum and National Secretary Senator Samuel Anyanwu or their agents to gather anywhere in Rivers State to hold ward, local government and state congresses until the court hears and determines the suit before it. The party had scheduled the congress for Saturday, July 27, 2024.
The suit was filed by at least one PDP member from each of the 23 local government areas in the state, challenging the conduct of the congress.
As D-day draws near, the Peoples Democratic Party, PDP, State Chairman, Aaron Chukwuemeka, at a stakeholders meeting held at the party’s secretariat in Port Harcourt last Tuesday, said the ruling party in the state would not participate in the council poll, saying it is awaiting the outcome of a case filed by the All Progressives Congress faction led by Chief Tony Okocha against the conduct of the election.
Surprisingly, Emeka Beke, who was on August 12, 2024 reinstated as state Chairman of APC, last Thursday, declared that the opposition party would participate in the upcoming poll.
He said the Rivers State Independent Electoral Commission had cleared the list of candidates submitted by the party for the poll, adding that as far as he was concerned there was no faction in the state branch of the party.
Meanwhile, the National Working Committee, NWC, of the party recognises the factional Caretaker Committee Chairman of the APC in Rivers State led by Chief Tony Okocha.
According to Okocha, the LG election will not be held following the suit he filed in court against the RSIEC.
Enebeli dismissed Okocha’s claim and said that the October 5 date for the poll remained sacrosanct, pointing out that of the 19 political parties, 18 would be participating in the elections with over 300 contestants vying for various positions.
Enebeli insisted that there was no court judgment restraining the commission from going ahead with the poll or any other impediment preventing it from holding, citing the recent Supreme Court judgment which gave vent to the conduct of democratically elected local government councils.
For the RSIEC Chairman, Justice Adolphus Enebeli (retd.), the October 5 date is sacrosanct. While speaking at training for the staff of the commission in Port Harcourt at the weekend, he said the election will hold on that date, insisting that there is neither any judgment nor impediment stopping the state electoral umpire from conducting the elections.
He said, “On the 11th of July this year, if I’m not mistaken, the Supreme Court of Nigeria, the highest court in the land, laid it down emphatically, compendiously in its judgment that democratically elected local government elections should be conducted in all the states that have not done so.
“And the consequences would follow if we do not. So, Rivers people and the Federal Government of Nigeria are enthusiastically expecting the conduct of elections.
“Section 60(2) of the Rivers State Independent Electoral Law of 2018 provides that no court proceedings shall restrain primaries or the conduct of elections. INEC has a responsibility to register RSIEC voters.
“No judgment against the conduct of the election. The Supreme Court of the land has said we should conduct elections. And so, 5th October 2024, that date by the grace of God is as invariable as it is sacrosanct,” he said.
He further said the exercise would be conducted in tandem with the provisions of the SIEC Law, hence the Independent National Electoral Commission was bound to make the voter register available to the RSIEC.
In the midst of this inter party confusion, the 23 Caretaker Committee chairmen on the platform of the governing PDP have defected to the Action Peoples Party to consummate their political ambition.
Preparatory to their defeat the APP had announced its presence in the public by approaching the court with an order seeking to direct the Independent National Electoral Commission, INEC, to conduct election into the seats of the 25 Martin Amaewhule led- lawmakers loyal to Wike.
The Federal High Court, Abuja, on September 20, dismissed the suit. In his ruling, Justice Peter Lifu held that the case constituted a serious abuse of the court process, as multiple suits challenging the defection of the lawmakers had already been resolved by the Federal High Court.
Citing prior rulings, Justice Lifu emphasised that requests for the replacement of the lawmakers had previously been denied due to insufficient evidence to prove their defection.
He referenced a judgment from Justice James Omotosho in July of this year, which prohibited the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting new elections.
The judge concluded that since this earlier judgment has not been appealed and has not been overturned, the membership of their party is not a subject to be contested.
The 25 lawmakers had allegedly announced their defection to the All Progressives Congress (APC) on December 11, 2023. Subsequently, the Rivers State House of Assembly led by former Speaker Edison Ehie, had on December 13, declared their seats vacant.
With the defection of the caretaker committee chairmen to its party, the APP Chairman, Sunny Wokeroro, has vowed to clinch the chairmanship position in all 23 local government areas of the state and the councillor’s positions, saying that the PDP’s claim to popularity in the state was in the past.
He stated, “There is no law in this land that stops RSIEC or INEC from conducting elections. Either you are ready for the election or you are not ready. Their make-believe popularity would have been exposed if they had shown and they would have been put to shame if they ever came out for this election.”
In the meantime, some council chairmen, notably the CTC Chairman of Port Harcourt City Council, Ezebunwo Ichemati, the CTC Chairman of Khana LGA, Marvin Yobana, and his supporters have formally announced their defection to the APP.
Speaking at an event held in Khana Local Government Area on Monday, Yobana who did not get the blessing of the governor to contest the LG election, said he had moved to the APP.
He said, “I hereby announce that I have moved to APP and I introduce to you the person that would be sworn in after the October 5, election as the executive chairman of Khana, Mr. Martins Ibibo.”
