Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement - Politics - Nairaland
Nairaland Forum › Nairaland General › Politics › Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement (1133 Views)
| Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Optimistic2021(op): 7:47pm On Apr 07, 2025 |
PRESS STATEMENT BY SIMPLIFIED GRASSROOTS MOBILIZERS-SGM. SUNDAY 6TH APRIL, 2025. RIVERS IMPOSED SOLE ADMINISTRATOR, VICE ADMIRAL(RTD) IBOK-ETE EKWE IBAS , LACKS THE LEGAL AND CONSTITUTIONAL AUTHORITY TO CANCEL ANY PROCUREMENT AND TENDER PROCESS ES BY THE RIVERS GOVERNMENT AND TO REPRESENT APPROPRIATION BILL FOR 2025 AND BUDGET IMPLEMENTATION. Gentlemen of the press The attention of the Leadership of Simplified Grassroots Mobilizers-SGM, has drawn to a purported Government Special Announcement issued by Vice Admiral (Rtd.) Ibok-Ete Ekwe Ibas through Prof. Ibibia Worika, cancelling all procurement and tender processes by the Rivers State Government under His Excellency Sir Siminalayi Fubara GSSRS. Also on Thursday the third of April, 2025 when some Rivers National Assembly Members visited the Sole Administrator in Portharcourt, Government house, he assured them of representing the Appropriation Bill for 2025 and budget implementation. Our takes on these decision by the Rivers State sole Administrator is that , the sole Administrator does not have the locus , he does have the right to cancelled any project or contract Executed by the Executive Governor Of Rivers State His Excellency Sir Siminalayi Fubara GSSRS. This is because there was no basics whatsoever for even the imposition of the sole Administrator on Rivers people: 1. The Issuer of the Command Is Not the Legitimate Government of Rivers State: The first and most critical observation is that Vice Admiral Ibas is not the constitutionally recognized Governor of Rivers State. Therefore, he lacks the legal authority to issue executive directives on behalf of the state. Citing the Nigerian Constitution: Section 176(1) of the 1999 Constitution (as amended) clearly states: “There shall be for each State of the Federation a Governor who shall be the Chief Executive of that State.” Section 188–189 outlines the process for removing a Governor, and none of these provisions were followed in removing Governor Siminalayi Fubara. We are saying according to our constitution that : Vice Admiral Ibas’ actions are ultra vires—that is, beyond the powers conferred by law. His directives have no legal standing under the Nigerian Constitution. 2. *Misinterpretation and Misuse of the Supreme Court Judgment* The announcement claims to act "in adherence to the Supreme Court judgment in Suit No. CA/ABJ/CV/133/2024," yet the Supreme Court did not rule in favor of federal takeover or the appointment of an administrator. The ruling pertained to the recognition of the Rivers State House of Assembly loyal to the Minister of FCT, Nyesom Wike, and the need for an appropriation law, not the dissolution of the executive arm or empowerment of a sole administrator. Citing Legal Context: The Supreme Court’s role is to interpret the law, not to confer executive power on unelected persons. The judgment does not override Sections 176–201 of the Constitution which provide for the democratic governance of states. This announcement by Vice Admiral Ibas and Prof. Ibibia both misrepresents the intent and scope of the Supreme Court’s judgment. 3. The Cancellation of Procurement Processes . Only the Governor has the power to direct state MDAs under the Public Procurement Law of Rivers State and other enabling laws. Citing Rivers State Law: The Rivers State Public Procurement Law, 2008, provides that: “The Governor shall constitute the State Procurement Council, and the Bureau shall report to the Governor.” Cancelling procurement processes and directing MDAs to refund fees is an executive function reserved for the Governor. Any cancellation or refund directive given by an individual without constitutional authority is not binding and may be challenged in court. 4. Use of “Secretary to the State Government” Title If Prof. Ibibia Worika remains the SSG under Governor Fubara, his involvement in this announcement may indicate political pressure or compromise, or this title may be misused by the administrator’s camp. Citing the Constitution: The SSG is appointed by the Governor, not by any federal appointee or administrator. Unless confirmed to have been re-appointed under the current (illegal) arrangement, any official using this title to validate an unconstitutional order is aiding an illegality. 5. Implications for Rule of Law and Federalism This directive represents a dangerous encroachment on Nigeria’s federal structure, threatening the autonomy of states. Citing the Constitution: Section 2(2): “Nigeria shall be a Federation consisting of States and a Federal Capital Territory.” Section 4(6): “The legislative powers of a state shall be vested in the House of Assembly.” There is no constitutional provision for the President or any federal actor to unilaterally suspend a state’s democratic structures and appoint a “Sole Administrator.” Such actions violate Nigeria’s federal character and democratic values. Final Position The directive titled “Government Special Announcement” is constitutional nullity. It lacks: Legitimate authority Due process Constitutional backing This attempt to cancel financial processes, refund fees, and control the machinery of state is a blatant violation of the Nigerian Constitution, federal principles, and democratic governance. It should be resisted lawfully and challenged in court by affected parties and the people of Rivers State. ON THE REPRESENTATION OF APPROPRIATION BILL FOR 2025 AND BUDGET IMPLEMENTATION: 1. Appropriation Bill for 2025 and Budget Implementation While budgeting is crucial for governance, the legitimacy of any budget presented by an appointed administrator (rather than an elected Governor) raises serious constitutional questions. Citing the Constitution: Section 121 (1) of the 1999 Constitution (as amended) clearly states: “There shall be prepared and laid before the House of Assembly of the State by the Governor of the State at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year.” This raises the question: Is the Administrator acting ultra vires by assuming the role of an elected Governor? Rivers State is currently under federal intervention following political instability. However, the imposition of an “Administrator” is not a provision of the Nigerian Constitution. The Constitution only provides for the declaration of a state of emergency (Section 305), and even then, it does not authorize the replacement of an elected Governor with a military administrator. 2. Creation of Employment and Technological Advancement The Economic development and job creation are commendable goals, but they must be pursued within constitutional boundaries. Any developmental initiative must stem from a democratically legitimate process. Citing the Constitution: Section 14(2)(b): “The security and welfare of the people shall be the primary purpose of government.” However, without democratic legitimacy, such efforts lack moral and constitutional grounding. 3. Restoration of Law and Order Restoring peace is important, it's crucial to examine the means by which this is done. A de facto military-style administration undermines democratic structures. Constitutional Gap: No section of the Constitution supports the President’s power to suspend a State Governor or install an Administrator outside of a declared and properly ratified state of emergency, which must be approved by the National Assembly per Section 305(6). 4. Supreme Court Verdict and Budget Review The Supreme Court ruling was on the legality of a parallel legislative assembly and the Governor's power to present a budget. It did not validate the dissolution of the Rivers State Executive or justify a federal takeover. The ongoing conflict between Governor Siminalayi Fubara and former Governor Nyesom Wike’s loyalists has caused political paralysis. However, the resolution must occur within constitutional parameters—not via federal override. 5. Legislative Support for the Administrator’s Budget The Rivers State National Assembly caucus pledging allegiance to an unelected administrator raises ethical and constitutional concerns. Their duty lies with their constituents, not with an interim arrangement outside the framework of the Constitution. Citing the Constitution: Section 4(6): “The legislative powers of a State shall be vested in the House of Assembly of the State.” This means that the legitimacy of budgeting and lawmaking cannot reside in Abuja or with federal appointees, but with the duly elected Rivers State Assembly, regardless of internal crisis. 6. Peace Building, Dialogue, and Reconciliation While commendable, peace-building efforts must be inclusive, democratic, and constitutional. Community engagement should not be a smokescreen for the erosion of democratic institutions. Citing the Constitution: Section 17(1): “The State social order is founded on ideals of Freedom, Equality and Justice.” These values cannot be upheld by military-style interventions that bypass the electorate. Our Position: Vice Admiral Ibas' intentions may appear noble on the surface, but his administration is constitutionally questionable. Rivers State has not had a properly declared state of emergency under Section 305, yet an administrator—who was not elected—is issuing budgets and speaking as head of the executive. Nigeria is a constitutional democracy. Any action outside of due constitutional process, no matter how well-intentioned, must be challenged. The people of Rivers State deserve peace, yes—but also justice, rule of law, and the preservation of their democratic rights. Dr. Owen Obidiah Esq. National Legal Adviser/Spokesman SGM.
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| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by seunmsg(m): 7:50pm On Apr 07, 2025 |
Simplified clowns 🤡 |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by ERockson: 7:53pm On Apr 07, 2025 |
The name Simplified sounds like the suspended governor's name Sim Fubara |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by adekolaelect(m): 8:29pm On Apr 07, 2025 |
Dey there dey simplified on nothing .A soul Administrator is a giving to make it sweet but Rivers dey under military administration . What is rule of law in military Administration? Your protest hold no water .If you know you know. |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Kreesxxx: 9:03pm On Apr 07, 2025 |
Anyone contending with this government doesn't want peace in Rivers State. Sim had lost it before Tinubu intervened with emergency rule. The house has Fubara in his jugular. The house prefers impeaching Fubara to approving budget for him. Fubara committed an impeachable offense by spending Rivers State money without appropriation. This house won't let this go. Fubara is gone. His best advice is to resignation. |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by helinues: 9:06pm On Apr 07, 2025 |
Go to court |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by peleson1: 9:53pm On Apr 07, 2025 |
Kreesxxx:U mean the illegal 27 law makers ? Impeaching a governor? U r sick |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Hoelujohn: 10:15pm On Apr 07, 2025 |
seunmsg:Abi ooo. The only hope for Fubara is to support Atiku and Obi ticket. If Atiku becomes president, he can also declare state of emergency in Lagos state and put Fubara as sole administrator |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Kreesxxx: 10:17pm On Apr 07, 2025 |
peleson1:Osv you are the demented one here. Check around you you will confirm my assertion. |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by whnowz: 12:54am On Apr 08, 2025 |
Not in this Tinubu's administration. Bebe'n lo. Anything goes, no one can object it |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Adebishow: 5:03am On Apr 08, 2025*. Modified: 7:45am On Apr 08, 2025 |
peleson1:Illegal in your mind. In view of the laws, they are legitimately elected lawmakers. |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Peterobiisathie(f): 5:10am On Apr 08, 2025 |
peleson1:how are they illegal? |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by press9jatv(m): 5:36am On Apr 08, 2025 |
Yea so |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by peleson1: 7:11am On Apr 08, 2025 |
Adebishow:Criminal legal system you meant? And yet they are suspended? Illegal suspension too right? Wuru wuru government |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by Adebishow: 7:46am On Apr 08, 2025 |
peleson1:Who suspended them? 4 lawmakers suspended 27 other lawmakers. Isn't that ridiculous? Where is the majority? There is nothing criminal with the legal system. You can't prove beyond reasonable doubt that they decamped. Even APC already denied them and indicated that those lawmakers are not registered members of their party. What is your case against them? |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by peleson1: 2:43pm On Apr 08, 2025 |
Adebishow: |
| Re: Rivers Sole Administrator Lacks Constitutional Power To Cancel Any Procurement by peleson1: 2:43pm On Apr 08, 2025 |
Adebishow: |
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