The tenure of local government chairmen, their deputies and councillors in Rivers will expire on Monday, sparkling tension across the State.
The succession tension was said to be part of the general crisis rocking the State, which had prevented the institution of a democratic process to fill the vacancies.
Most of the elected officials at the grassroots loyal to the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, vowed not to vacate their offices after today.
In May, 21 chairmen under the auspices of the Association of Local Government of Nigeria (ALGON) led by their Chairman, Allwell Ihunda, met in Port Harcourt and insisted they would not vacate their offices in June.
The Legal Adviser of ALGON and Chairman of Andoni Local Government Area, Dr. Iraatus Awoto, explained their decision was hinged on the new provision of the state’s Local Government Amendment Law passed without the assent of the state Governor, Sir Siminialayi Fubara by the Speaker Martins Amaewhule-led lawmakers.
Awoto said: “Yes, we got elected in 2021 and our tenure is to expire in June. But by now LG elections ought to have been concluded and the winners awaiting swearing in.
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“The Assembly has seen that no action has been taken in respect of conducting an election and in their wisdom knows there shouldn’t be any vacuum and we have to maintain democratically elected Chairmen as the local government law said until elections are done, this chairmen will stay in office for another six months in the interim.
“We as local government chairmen we going to remain in office because the law as amended by the Rivers State House of Assembly says so. That law has given us additional six month and we will remain in office after the expiration.”
But a twist occurred when the State High Court declared the new amendment unconstitutional, null and void and of no effect.
The court’s judgement also declared the six-month tenure elongation provided for in the new amendment as invalid.
The court’s judgment was based on a suit filed by the chairmen of Bonny and Opobo/Nkoro local government areas seeking nullification of the new law.
In the judgement, Justice Diaketima Kio held that the Amaewhule-led House of Assembly overreached itself and that its actions were contrary to the provisions of the amended Nigerian Constitution.
However, signs of looming breakdown of law and order emerged when the chairmen especially the Executive Chairman of Ikwerre Local Government Area, Samuel Nwanosike, still insisted that they would remain in their offices June 17.
Nwanosike: “If Martin Amaewhule says that because the Governor of Rivers State failed in his duty to conduct local government elections, and that I, Dr Nwanosike Samuel Osoruchi, by the oath of office I took and the certificate of return I was issued when I contested my second tenure election, that we should remain in office, so shall we remain in office”.
Another Local Government Chairman, Dr. Chidi Lloyd, also maintained that he would not vacate his office saying that the new law should be treated as a doctrine of necessity initiated by the Amaewhule-led lawmakers to salvage democracy.
It was observed that palpable tension enveloped the state at the weekend as residents expressed fear of possible breakout of violence following the confusion.
At the weekend Amaewhule declared that the Assembly members would not accept any caretaker committee arrangement for local government areas from the Governor describing such moves as an aberration.
He said: “Many Rivers people have been calling and worried particularly with regards to the tenure of local government chairmen and vice-chairmen as their offices elapse in few days.
“People want to know the position. Let’s make it clearly that we have not received any request from the governor for members of the Caretaker committee to fill vacancies in local government.
“We have not received any such communication. We beleived that section 7 of the 1999 constitution as amended has guaranteed a system of local government with democratically elected local government officials.
“The governor should not send any list to us. We are not expecting any list because Caretaker committees are indeed an aberration. There will be nothing like caretaker committee. The constitution remains the grund norm and we will continue to abide by it.
Though the governor had yet to constitute caretaker committees for the LGA, his government had insisted that the chairmen must vacate office after tomorrow.
Fubara told the occupants recently that their days were numbered and that they should be prepared to leave after June 17.
The Commissioner for Information, Warisenibo Joe Johnson, said the aggrieved chairmen were simply pursuing a mirage.
He said even if the amended law were to apply, the present councils’ elected officials would not benefit from it because the country’s Constitution prohibits retrospective laws
He said the present elected officials of the councils would not benefit from any tenure extension law made after they had been elected to serve for only three years.
Johnson said: “There is a prohibition on retrospective law. No law is made in retrospect. So, if a council chairman’s tenure which the law that brought them in clearly stated they would do three years, there is no law that can be made by any assembly that can override the provision of the Federal Republic of Nigeria on retrospective law.
“What they are pursuing is a smokescreen, a fluke, and a mirage. It has no basis in law. Too many wrongs can never make one right.
“It is a settled law that their tenure will expire on the 17th of June and by the 18th of June they will no longer be eligible to be called chairmen. It means their responsibilities have turned to what is called functus Officio. They should stop deceiving Rivers people”.
Johnson’s position is believed to have been strengthened and fine-tuned by the High court’s judgement that scrapped the tenure elongation law.
Fubara’s loyalists has been heard threatening to resist any attempts by the elected local government officials to extend their tenures beyond June 17.
At the weekend, the loyalists told the local government chairmen to prepare to vacate their offices on Monday.
The supporters under the auspices of the Supreme Council for Sim Worldwide (SCSW) rejected the move to extend the tenures of the LG chairmen.
Reading their position at the weekend in Port Harcourt, the Co-Chairman of the group, Amb. Oji Ngofa, asked Fubara to send names of caretaker committee chairmen for local government areas to the Victor Oko-Jumbo-led lawmakers for screening and confirmation.
Ngofa said: “The Tenure of Local Government Councils Ends on June 17, 2024 The Supreme Council for SIM Worldwide denounce the Local Council Chairmen that disrespect the office and person of Governor Siminalayi Fubara.
“We reject as unconstitutional the attempted elongation of the tenure of local councils by the Martins Amaewhule-led former lawmakers.
“We reject any attempt by the current chairmen and councilors not to vacate office at the expiration of their legitimate tenures on June 17, 2024.
“We call on Governor Siminalayi Fubara GSSRS to send names of Caretaker Committee Chairmen and women to the Rt. Hon. Victor Oko-Jumbo-led authentic Rivers State House of Assembly for confirmation”.
The Police Public Relations Officer (PRO), SP. Grace Iringe-Koko, promised to respond to an inquiry of special security arrangements to secure the various councils and stop any violent clashes between the two parties.
