Assembly lists four breaches by Fubara, threatens RSIEC chair’s arrest
The Rivers State House of Assembly has accused Governor Siminialayi Fubara of constitutional breaches, citing unlawful appointments and disregard for legislative approval.
The breaches were contained in a letter signed by the Speaker, Martin Amaewhule and addressed to the governor.
The House outlined four key infractions, including the appointment of 19 commissioners and other officials without proper screening and confirmation.
The lawmakers, reiterating their stance on upholding constitutional provisions, nullified the appointments and warned that such actions undermined the state’s democratic processes.
Also on Wednesday, the Assembly summoned the Chairman of the Rivers State Independent Electoral Commission, Justice Adolphus Enebeli (retd.) to appear before it within 48 hours over the conduct of the October 5, 2024, local government election or risk arrest.
The letter to the governor by the Assembly is the second in a series of correspondences since the Supreme Court affirmed the legitimacy of the 27-member Assembly loyal to former governor and Minister of the Federal Capital Territory, Nyesom Wike, and nullified the local government election conducted on October 5, 2024.
In the first letter, dated Monday, March 3, 2025, the lawmakers asked the governor to present the 2025 budget as ordered by the Supreme Court within 48 hours.
It also faulted the order of the governor for the sacked local government chairmen to hand over to the Heads of Local Government Administration in their respective councils.
On Wednesday, as the ultimatum for the budget presentation expired, the government, in a statement signed by the Secretary to the State Government, Dr Tammy Danagogo, maintained that the governor was yet to receive the letter from the Assembly.
The statement claimed that the government only got wind of it in social media.
In the second letter to the governor, signed by Amaewhule and copied the Deputy Governor, Prof Ngozi Odu, the lawmakers said the decision to write the governor stemmed from his disobedience to known laws.
The Assembly, at its 131st legislative sitting in Port Harcourt, noted that the governor made several appointments without forwarding the appointees for screening.
“At the 131st legislative day of the Second Session of the Tenth (10th) Rivers State House of Assembly, which was held on Wednesday, the 5th day of March 2025, the House, amongst other matters, once again deliberated on your numerous appointments of persons into positions that require screening and confirmation by the Rivers State House Assembly and resolved as follows:
“That your attention should once again be drawn to your illegal appointments of persons to serve in various offices without first forwarding their names for screening and confirmation as required by the 1999 Constitution as amended and other extant laws.
“That your attention should specifically be drawn to your failure to forward the name of a nominee for appointment as Attorney-General and Commissioner for Justice to the Rivers State House of Assembly for screening and confirmation, but chose to parade one Mr Dagogo Iboroma as a member of the State Executive Council in this regard, thereby contravening Section 192(2) & (6) as well as Section 195(1) of the 1999 Constitution as amended.
“That we should remind you of another infraction of the Constitution in which you illegally swore in several other persons who are parading themselves as commissioners into the Rivers State Executive Council on Tuesday 21st May 2024, namely Prince Charles O.Beke; Collins Onunwo; Solomon Eke; Peter Medee: Elloka Tasie-Amadi; Basoene Joshua Benibo; Tambari Sydney Gbara and Ovy Orluideye Chinendum Chukwuma, without screening and confirmation by the Rivers State House of Assembly, in full compliance with Section 192(2) & (6)of the 1999 Constitution as amended.
“Others who were sworn in on Tuesday 13th of August 2024 are Illamu Arugu; Rowland Obed Whyte; Samuel Anya; Samuel Eyiba and Austin Emeka Nnadozie, while Israel Ngbuelu; Evans Bipi, Otamiri Ngubo and Benibo Alabraba were sworn in on Monday 7th October 2024. Emmanuel Frank-Fubara was sworn in on the 8th of July 2024, amounting to a total number of 19 persons parading themselves and misleading Rivers people that they are commissioners,” the letter read.
It added that the governor also appointed and swore in members of the Rivers State Bureau of Public Procurement and Rivers State Local Government Service Commission without screening and confirmation by the Assembly.
“That another infraction of the law is the swearing-in of Lawrence Oko-Jaja as Chairman; Earnest Ibekwe Ekwe; Mina Ogbanga; Iseleye Amachree and Adokiye Oyagiri as members of the Rivers State Bureau on Public Procurement on Friday 30th of August 2024 without screening and confirmation by the Rivers State House of Assembly, as stipulated in Section 4(a) of the Rivers State Public Procurement Law No. 4 of 2008. Others are Gift Alex-Hart; Grace Osaronu and Selinah Amonieah as members.
“That the swearing-in of Goodlife Ben as Chairman; Emmanuel Jaja; Betty Warmate; Jerome Chimenem; Prince Ohochukwu; Philip Okparaji and Christian Amadi as members of the Rivers State Local Government Service Commission without screening and confirmation contrary to Section 44(3) of the Rivers State Local Government Law No. 5 of 2018 is another infraction.
“That these appointments by you that are highlighted and other appointments made but not mentioned here for want of space that are not in consonance with extant laws are not only infractions but are seriously threatening our nascent democracy so, should and shall be remedied,” the letter added.
The Assembly, however, urged the governor to compile names of the people nominated for appointment as commissioners for onward screening within 48 hours.
“That the House requests you to submit a list of nominees for appointment as commissioners into the Rivers State Executive Council as well as a list of nominees for appointment to fill vacancies in all the offices mentioned above or those not listed but require screening and confirmation by the Rivers State House of Assembly within 48 hours.
“We, therefore, urge you to act fast and do the needful by complying with the provisions of the 1999 Constitution as amended and other extant laws in the best interest of the good people of Rivers State,” the letter read.
Govt, Assembly clash
Earlier on Wednesday, before the expiration of the budget presentation ultimatum, the SSG, in a statement, said, “I hereby refer to a letter dated 3rd March 2025 on the above subject, which we came across on the social media and notify you that, as at the close of work on Tuesday, 4th March, 2025, we are yet to receive the said letter.
“Neither the office of the Governor, nor the Deputy Governor’s office, nor the office of the Accountant-General of the State has received the said letter.”
Danagogo, who signed the statement, added that the government was also yet to receive a copy of the Supreme Court judgment to enable it to respond appropriately.
“We have since been in contact with our lawyers who are still awaiting the certified true copy of the judgments of the Supreme Court, and hereby reassure you and all the good people of Rivers State that as soon as His Excellency receives the judgments, he will strive to implement same timeously in the best interest of our people,” it stated.
However, the Assembly disputed the claim that the government was yet to receive the resolution of the Assembly.
One of the aides to the Speaker who preferred anonymity told newsmen that the letter was dispatched to the Government House on March 3 by courier delivery service.
He, however, said when the courier arrived at the Government House gate along Azikiwe Road, Port Harcourt, the personnel received a call with instructions not to accept or receive but to return to the sender.
RSIEC chair kicks
Justice Enebeli (retd.), on Wednesday, kicked against the 48-hour summon on him by the lawmakers.
The House, during its plenary, had summoned the RSIEC chair and threatened to issue a warrant for his arrest if he failed to appear at the expiration of the ultimatum.
“The Clerk of the House should immediately forward a letter to the Chairman of the Rivers State Independent Electoral Commission, asking him to appear before this August Assembly to answer questions pertaining to their conduct in office.
“To explain how they have been spending funds belonging to this state without approval of this August Assembly. What did they (RSIEC) do with the funds given to them in the year 2024 which they spent in the ill-fated 2024 local government elections?
“And why are they still spending funds in the year 2025 without an appropriation law, and planning to conduct another election without approval, without any budget,” the Assembly resolution read.
The Assembly promised to invoke its powers vested on it in Section 129 of the 1999 Constitution to issue a warrant of arrest to compel the chairman and members of the commission to appear before it.
“And the resolution of this House, the clerk will include in the letter that if the chairman and the commissioners fail to appear before this August Assembly, the House will be left with no other option but to invoke its powers vested in us in Section 129 of the 1999 Constitution to issue a warrant of arrest to compel them to appear before this August Assembly.”
The RSIEC chairman, in a reply to the Assembly through his lawyer and the Solicitor of the Association of Legislative Drafting and Advocacy Practitioners, Kenneth A. Amadi, asked that the 48-hour ultimatum order for him and other commissioners to appear to be withdrawn.
In a pre-action notice addressed to the Speaker, Amaewhule and issued on March 5, 2025, the lawyer said according to the principles of fair-hearing enshrined in both Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and the case law of El-Rufai vs House of Representatives, National Assembly (2003), at least a seven-day notice would suffice to honour an invitation from any legislature.
The RSIEC chairman threatened to take legal steps and seek redress from a law court if the Assembly failed to withdraw the said ultimatum.
“We use this opportunity to remind you that we are in a democracy and not a dictatorship wherein ultimatums are issued without regard to the relevant laws such as the Legislative Houses (Powers and Privileges) Act 2018
“We respectfully suggest that both yourself and other legislators of the Rivers State House of Assembly undergo a re-orientation training workshop wherein you will be re-acquainted with the scope and amits of your powers as a legislature, as prescribed by the Nigerian Constitution,” the notice read.
LG poll fixed
In a turn of events, RSIEC, on Wednesday, fixed Saturday, August 9, 2025, for the conduct of a fresh local government election in the state.
Justice Enebeli (retd,) announced this during a stakeholders’ meeting in Port Harcourt.
He said the decision followed the judgment of the Supreme Court which nullified the October 5, 2024, LG election conducted by the commission.
“In exercise of the powers conferred on the Rivers State Independent Electoral Commission by Section 5 of the Rivers State Independent Electoral Commission Law No 2 of 2018 and all other powers as enabling it on the behalf to provide guidelines to political parties, stipulating the rules and procedures for electioneering campaigns for the 2025 Local Government elections and any reruns and by-elections that might arise thereafter;
“The commission hereby makes the following rules and regulations; there shall be local government council elections on Saturday, 9th August 2025 in all the 23 Local Government Areas in Rivers State.”
He said participating political parties in the country shall be eligible to sponsor candidates in the election, provided that such political parties complete and submit an expression of interest form to participate in the elections on or before Monday, April 4, 2025.
He noted that the date arrived at was in line with extant constitutional laws.
“By the combined effect of Section 150, subsection 1 of the Electoral Act 2022 and Section 103 subsection 1&3 of the Electoral Act 2022, RSIEC is mandated to fix the date of LG elections on a date not earlier than 150 days before and not later than 30 days before the expiration of the time of office of the holder of the office,” he said.
He assured political parties of the commission’s commitment to conduct a free and fair exercise and urged political parties to play according to the rules.
The PUNCH reports that political parties, traditional rulers and clergymen were in attendance at the stakeholders’ meeting and no objections were raised against the date fixed by RSIEC.
However, the Chief Tony Okocha-led All Progressives Congress and the Chukwuemeka Aaron-led Peoples Democratic Party in the state were not at the meeting.
Okocha said he did not receive any formal invitation and warned the electoral umpire not to repeat previous mistakes as it prepared for a fresh LG election.
He cautioned that proceeding with such a critical meeting without his participation could render the process invalid.
“I’m not aware of the meeting. And if you remember one of the reasons why we went to court is that the actions of both RSIEC and the governor were not in compliance with the constitution which, of course, includes the fact that a party in the state which ought to be properly informed of a stakeholders’ meeting, was not informed.
“If a stakeholders’ meeting is held in our absence, then it is as good as not being held at all. As we speak no letter, no information you (reporter) are just informing me. What is more, is the fact that the Supreme Court has nailed all that.”
He also expressed concerns about RSIEC conducting the elections anytime soon, emphasising that the Supreme Court upheld all laws passed by the Amaewhule-led Assembly, including the extension of tenure for former elected LG chairmen.
Rivers awaits CTC
Speaking on Wednesday, the Commissioner for Information, Joseph Johnson, said the government would await the Certified True Copy of the Supreme Court judgment on Friday.
“We said we will be strong enough on Friday to take on every issue because I cannot confirm the authenticity of what is flying in social media and Facebook.
“So we are waiting for the Certified True Copy of the Supreme Court judgment.
“When we get it on Friday, I will be open to you. I think the new ultimatum you said is 48-hours..it is in line, so in the next 48-hours, we shall respond appropriately,” he said.
Dep-gov denies resignation
The Deputy Governor, Prof Ngozi Odu, on Wednesday dismissed reports in social media that she had resigned her position, describing it as “malicious speculation.”
A viral social media video, earlier on Wednesday, alleged that the deputy governor had resigned from office due to intensive pressure from some unknown quarters.
In a statement issued in Port Harcourt on Wednesday by her media aide, Owupele Benebo, she, however, described the report as fake and misleading.
Prof Odu said she remained the deputy governor of Rivers State and remained committed to her responsibility, urging the public to disregard the report.
“The Office of the Deputy Governor of Rivers State wishes to categorically debunk the false and misleading reports circulating online suggesting that Her Excellency, Prof Ngozi Nma Odu, has resigned.
“Contrary to these baseless claims, Her Excellency remains committed to her duties as Deputy Governor, a position she was duly elected to serve alongside His Excellency, Sir Siminalayi Fubara, the Executive Governor of Rivers State “As a seasoned public servant and academic, Prof Odu is dedicated to supporting the governor in his efforts to deliver dividends of democracy to the good people of Rivers State,” the statement read.
“Prof Ngozi Nma Odu has not resigned and has no intention of doing so,” it added.
Judiciary denies CJ leave
The Rivers State Judiciary denied the report that the Chief Judge, Justice Simon Amadi, will be proceeding on an annual leave on Thursday.
The denial came on the heels of an unconfirmed report that the CJ had been ordered by the governor to leave the country to counter the alleged plan by the Assembly to impeach him.
The Judiciary, in a statement in Port Harcourt on Wednesday, signed by he Chief Registrar, High Court, David Ihua-Maduenyi, said the reports of the annual leave was false and misleading.
“The Rivers State Judiciary categorically and unequivocally refutes this malicious, misleading, false and baseless allegation against the person and the office of the Chief Judge of Rivers State, Hon. Justice Simeon Chibuzor Amadi.
“For the records, the Chief Judge did not at any time announce nor intend to announce embarking on any recess or extended recess leave by whatsoever name called, as such leave is alien to the Judicial Officers calendar of vacations.
“The vacation calendar of Judicial Officers is of public knowledge, namely: Christmas Vacation, Easter Vacation and Annual Vacation.
“The public is hereby advised to utterly disregard this misguided publication aimed at causing ill-will, disaffection and confusion in the state,” the statement read.
