A legal challenge has emerged for the Rivers State Sole Administrator, retired Vice Admiral Ibok-Ete Ibas as former Deputy Speaker Marshall Stanley-Uwom has filed a suit aiming to halt the flow of federal allocations to local governments overseen by Ibas.
In his suit, Stanley-Uwom has named President Bola Tinubu, the National Assembly (including the Senate and House of Representatives Speakers), Ibas, the Central Bank of Nigeria (CBN), the Accountant-General of the Federation, and the Federation Account Allocation Committee as the first through tenth defendants.
In suit FHC/ABJ/CS/797/2025, filed on April 24, the plaintiff argued that the sole administrator’s appointment of unelected officials as local government caretakers contravenes Section 7(1) of the 1999 Constitution (as amended) and a Supreme Court judgment.
He argued that Sections 7(1) of the Constitution, the Electoral Act, and a Supreme Court ruling bar the CBN, Accountant-General, and FAAC from releasing local government funds to unelected officials appointed by the sole administrator in Rivers State.
He said: “Constitution requires the government of each tier (Federal, State, and Local Government) to be democratically elected.”
Stanley-Uwom added that Section 7(1) of the 1999 Constitution stipulates that local government administration must be by democratically elected councils.
He further argued: “The Constitution, having prescribed that its government shall be by democratically elected Local Government Councils, cannot be governed by any other body or means.
“Therefore, it cannot be governed or administered by the Federal Government, State Government, Governor of a State, Local Government Caretaker Committee, Interim Local Government Council, Administrator, Head of Local Government, or by whatever name called, or by any other state agency or other body.”
According to the plaintiff, any local government administration outside democratic councils would be unconstitutional.
Stanley-Uwom, a former Rivers State lawmaker during Wike’s tenure, filed for the following court declarations: “A declaration that the state of emergency proclaimed in Rivers State by the President has ceased to have effect.
“An order compelling the 7th defendant (Ibas) to vacate the office of sole administrator and allow the democratically elected governor to resume office.”
Through his lawyers, led by Mr. Sylvester Evbuomwan, the plaintiff posed four key questions for the court to determine: “Whether the proclamation of a state of emergency in Rivers State remains valid in the absence of a resolution supported by a two-thirds majority of all members of each house of the National Assembly, as stipulated under Section 305(6)(b) of the 1999 Constitution.
“Whether the sole administrator can lawfully appoint unelected officials as caretakers to manage local government councils in Rivers State, under Section 7(1) of the Constitution and a Supreme Court decision in AG of the Federation v. AG of Abia State & Ors (2024).
“Whether the CBN, Accountant-General, and Federation Account Allocation Committee can legally release allocations to unelected officials in Rivers State under the same constitutional provisions.
“Whether the sole administrator has the legal authority to remove the Chairman and members of the Rivers State Independent Electoral Commission, who were duly appointed and confirmed by the Rivers State House of Assembly, and replace them.”
The plaintiff, a traditional prince outlined his grounds for filing the suit in a 16-paragraph affidavit, citing his stake in the state’s political affairs.
He said that although Siminalayi Fubara was elected governor of Rivers State in the 2023 general elections, his tenure has been marked by a state of emergency, leading to his suspension.
He argued that the 1st defendant’s proclamation of the state of emergency lacked the necessary two-thirds majority approval in the National Assembly.
The plaintiff accused Ibas of mismanaging Rivers State funds by allocating them without legislative approval and unlawfully appointing caretaker committees for local governments.
No date has been fixed for the hearing of the case.
Persecondnews had reported that President Tinubu, in a bid to put an end to the power tussle between the state’s former Gov. Nyesom Wike and his successor, Fubara, declared a state of emergency on March 18.
The prolonged power struggle led to nearly two years of political instability in the state, culminating in a legislature-Executive impasse.
Apart from declaring a state of emergency, the President also suspended Fubara, his deputy, Ngozi Odu, and all members of the State House of Assembly for six months.
Ibas assumed office on March 20 after he was sworn in by President Tinubu on March 19.
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