This legal challenge revolves around the powers of a Sole Administrator in Rivers State, Nigeria, specifically concerning the constitution of the Rivers State Independent Electoral Commission (RSIEC) and the scheduling of local government elections. The Initiative for Transparent Strategy and Good Leadership, a non-governmental organization, has filed suit against Vice Admiral Ibok-Ete Ibas (retd.), the Sole Administrator, the Attorney General of Rivers State, and RSIEC itself. The core issue at stake is whether the Sole Administrator possesses the constitutional authority to appoint RSIEC board members, a power typically vested in the state Governor. The NGO argues that the Sole Administrator’s actions in this regard are ultra vires, exceeding his legal mandate and therefore rendering the appointments, and subsequent actions taken by the RSIEC, null and void.
The lawsuit, filed before Justice Else Thompson of the Rivers State High Court, seeks several declarations and orders. Primarily, the claimants request the court to determine whether the Sole Administrator can legitimately exercise the powers and duties conferred upon the Governor under specific sections of the 1999 Constitution, particularly regarding the appointment of RSIEC members. The claimants contend that the constitution of the RSIEC board by the Sole Administrator is unlawful, null, and void, given the exclusive authority granted to the Governor on such matters. Consequently, they seek an order setting aside all actions taken by the purportedly illegally constituted RSIEC board, including preparations for the local government elections scheduled for August 30.
Beyond the specific issue of RSIEC appointments, the lawsuit also aims to restrain the Sole Administrator from further purportedly usurping the Governor’s powers. The claimants seek a perpetual injunction preventing the Sole Administrator, his agents, and associates from exercising powers exclusively reserved for the Governor. Similarly, they request an injunction restraining the Attorney General, RSIEC, and its members from recognizing or acting upon any decisions or actions taken by the allegedly illegally constituted RSIEC board. This comprehensive approach seeks to invalidate not only the appointments themselves but also any subsequent actions or decisions emanating from the disputed RSIEC board.
The plaintiffs’ legal arguments hinge on the principle of ultra vires, contending that the Sole Administrator’s actions are beyond his legal authority as defined by the 1999 Constitution. By appointing RSIEC members, a function explicitly assigned to the Governor, the Sole Administrator allegedly overstepped his legal boundaries. This, they argue, renders the appointments and all subsequent actions by the RSIEC, including the scheduling of local government elections, invalid. The lawsuit highlights the importance of adhering to constitutional provisions and the principle of separation of powers, arguing that the Sole Administrator’s actions undermine these fundamental tenets of democratic governance.
In addition to declaratory and injunctive relief, the claimants are seeking monetary damages. They have requested the court to order the defendants to pay ten million naira as general and aggravated damages. This claim for damages underscores the seriousness with which the claimants view the alleged constitutional violations and the potential harm they believe has been caused by the Sole Administrator’s actions. The lawsuit represents a challenge not only to the specific actions of the Sole Administrator but also to the broader issue of adherence to constitutional principles in governance.
The defendants, including the Sole Administrator, the Attorney General, and RSIEC, have been summoned to appear before the court within 21 days of receiving the summons. The court proceedings will provide a forum for both sides to present their arguments and evidence regarding the legality of the Sole Administrator’s actions and the implications for the upcoming local government elections. The outcome of this legal challenge will have significant implications for the governance of Rivers State and the conduct of its local elections, highlighting the vital role of the judiciary in upholding constitutional principles and ensuring the proper exercise of power by government officials.
