Fubara Praised for Upholding Constitution in Rivers LGA Transition
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Fubara Praised for Upholding Constitution in Rivers LGA Transition

By Advocate | June 18, 2024 | 2 min read |

Amidst the tension following the expiration of the tenure of the outgone local government chairmen in Rivers State, Governor Siminalayi Fubara has received commendation for adhering to the constitution in his handling of the transition.

Barrister Sogboye Eli, the former spokesman of the All Progressives Congress (APC) campaign council in the 2023 general elections, praised the governor for his constitutional approach during an exclusive telephone interview in Port Harcourt.

Eli highlighted that the law passed by the estranged former Speaker, Martins Amaewhule, and the sacked 26 members of the Rivers State House of Assembly, which extended the tenure of the outgone chairmen by six months, had been nullified by Justice D.G. Kio of the state High Court.

He emphasized that the law, which conflicts with the 1999 Constitution and section 9(1) of the Rivers State Local Government Law No 5 of 2018, is no longer in existence.

The APC chieftain cited the Supreme Court's judgment in the case of the Attorney General of the federation versus the Attorney General of Abia state, which ruled on the tenure of council chairmen in Abia state in 2021.

He noted that this judgment applies to all states of the federation, including Rivers State.

Eli pointed out that the local government system in Nigeria is more like a department of a state, and governors have a role in the affairs of the councils.

He reiterated that the constitution allows a three-year tenure for the chairmen, with a provision for a second term, but the tenure of the outgone chairmen expired at midnight on Monday, June 17.

The APC chieftain also mentioned that there are a few former chairmen who are still eligible to seek re-election into the councils whenever the Rivers State Independent Electoral Commission (RSIEC) schedules elections.

Governor Fubara's adherence to the constitution in handling the transition of local government chairmen has been lauded as a step towards ensuring that the rule of law prevails in Rivers State.

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