As the Rivers State Local Government Areas (LGA) election on Saturday August 30, 2025 draws near, prominent political Analysts and others have pointed to legal hurdles that may likely render the exercise unconstitutional, null and void.
First is the Independent National Electoral Commission (INEC) warning that any election conducted without the mandatory 90 days notice is unconstitutional.
Chairman of the Commission, Prof Mahmud Yakubu gave the warning in Abuja penultimate Thursday during the Conference of State Independent Electoral Commissions (SIECs) across the country, pointing out that the conducts of SIECs were negatively rubbing on the reputation of INEC as the elections supervisory body in the country.
Prof Yakubu specifically expressed concerns regarding RSIEC’s non-compliance with electoral law, further undermining the legitimacy of the process and disregard to the Supreme Court ruling voiding the last councils election in the state.
The second legal hurdle the state election ombudsman must tackle is the issue of which factions of political parties in the state to recognise and deal with. The dominant political parties in the state are fractured into factions brandishing litany of Court orders in their favour.
For instance, while the State ruling PDP is legally under the control of a die hard Gov Fubara supporter, Chief Robinson Nname Ewor via a court ruling, the opposition APC in the state had its last congresses in the state annulled by the court for illegitimacy.
The Emeka Beke led APC in the state in a press statement released in Port Harcourt over the weekend stated, “Our attention has been drawn to social media posts being circulated by unauthorized sources congratulating/endorsing persons entirely unknown to the APC in Rivers State, as candidates of the party for LGA Elections called by the reconstituted RSIEC in Rivers State.”
The statement, signed by its Spokesman Darlington Nwauju and dated August 2, 2025 went on to say that, “the All Progressives Congress has a Constitution and a procedure for carrying out its primaries which must be obeyed and it does not include dashing out party flags/endorsements or recognitions to persons whose identities are entirely strange and whose names are not reflected as members in the Party register.
“Recall that following the attempt to dissolve the duly elected State Executive Committee of the Party in Rivers State and impose Chief Tony Okocha and his co-travelers, the State Executive Committee led by Chief Emeka Beke filed a suit at the High Court of Rivers through its Secretary, Sam Sam Etetegwung. The said suit is PHC/3592/CS/2023 between Sam Sam Etetegwung Vs. His Excellency, Abdullahi Ganduje & Ors.
“In a well considered judgement, Hon. Justice S. H. Aprioku voided the purported dissolution of the Exco and validated the tenure of office of the Emeka Beke led Exco until October, 2025 in line with the Party’s Constitution.
“That judgement is still subsisting, having not been set aside by any Court of appellate jurisdiction. The simple implication is that the Executive Committee of the Party in Rivers State is as led by Chief Beke.
“Again, another court presided over by Justice Godswill Obomanu had on December 20 2024 nullified the purported congresses which Tony Okocha & Co are latching unto to confuse the polity.”
Advising the general public and teeming party members in the state to disregard the purported primaries, it concluded, “We wish to make it abundantly clear therefore, that any primaries conducted for chairmanship and councillorship in the name of APC in Rivers not endorsed by the Chief Emeka Beke led Executives of the party is illegal, null, void and of no effect.”
This press statement, coming on the same day that’s the last day for conduct of party primaries caught many Wike supporters, who had picked up APC chairmanship flags from the Tony Okocha led Caretaker Committee Chairman of the party by surprise.
The Wike supporters, who are mainly members of the PDP in the state, for fear of the legal entanglements because the Aaron Chukwuemeka led PDP in the state was sacked by the court, ran to the APC in a coalition to actualize their ambitions.
A lecturer, Dr. Nwobike has reportedly labeled the upcoming LGA elections under the contentious Sole Administrator as “a serious violation of constitutional order and a democratic disgrace.”
In a statement in Port Harcourt, he cautioned that illegitimacy cannot yield legitimacy, asserting that conducting an election during a political emergency, under an unelected official, goes against every democratic principle we hold dear.
Dr. Nwobike is calling for an immediate stop to the upcoming election, emphasizing that only by fully restoring constitutional governance and reinstating Governor Sim Fubara’s authority can the state avoid a democratic crisis.
Across Nigeria and within the state, legal experts and politicians agreed with him. Dr. Rotimi Olawale, a Political Analyst, referred to the planned council elections as a “constitutional travesty.”
Hon. Ezeh Onyekachi, a former lawmaker criticized the action as “blatant overreach” and a pointer to a hidden agenda detrimental to the people of the state.
Meanwhile, the FCT Minister, Chief (Dr) Nyesom Wike has ruled out insinuations that the less than 90 days notice would render the polls unconstitutional, saying that President Tinubu issued the mandatory notice in June this year.
Speaking in a live television media chat in Abuja on Monday August 4, 2025, he explained that the President, in line with the Emergency Act of 2004, issued the mandatory notice and other directives to mitigate the emergency rule in June.
He further explained in that live chat programme aired across major television networks in the country that the LGA election is in anticipation of the recall of the suspended governor in September this year at the expiration of the emergency rule, because “the president doesn’t want to extend the emergency rule again.”
