The political instability in Rivers State has reached a boiling point as elder statesman, Chief Edwin Clark, has written an open letter to the Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, calling for the immediate conduct of by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).
The vacancies, according to Clark, arose from the defection of several lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), a move that he argues contravenes Section 109(1)(g) of Nigeria’s Constitution. The absence of these representatives in the Assembly, Clark stresses, has denied the people of Rivers State the opportunity to have their voices heard in governance.
Clark Criticizes INEC’s Inaction
In his letter, Clark pointedly criticized INEC’s failure to address the situation, describing the delay in conducting by-elections as a failure to uphold the Constitution. “The prolonged absence of representation deprives the people of their rightful voice in governance,” Clark emphasized, stressing that it is the constitutional duty of INEC to organize elections to fill these vacant seats.
The situation in Rivers State has created a complex political environment. Clark condemned the actions of the defecting lawmakers, accusing them of undermining the integrity of the state’s governance and causing political chaos. He added that their defection had deepened the rift between factions within the state legislature, with one faction, led by Martin Amaewhule, insisting that their seats remain valid, while another faction, led by Victor Oko-Jumbo, argues that those who switched parties should be considered as having forfeited their positions.
“The seats belonging to former Speaker Amaewhule and others are vacant following their switch from PDP to APC,” said Oko-Jumbo, expressing frustration at INEC’s continued delay in organizing the much-needed by-elections.
Power Struggle Within the RSHA
The rivalry between Amaewhule and Oko-Jumbo is just one example of the political turmoil that has engulfed Rivers State. Governor Siminalayi Fubara has firmly declared that there is only one legitimate Rivers State House of Assembly, and it is headed by Oko-Jumbo. “We have only one Rivers State House of Assembly, and that Assembly is headed by Rt Hon Victor Oko-Jumbo,” Fubara said during the signing of the 2025 budget.
Amaewhule’s faction, however, disagrees. They have declared several seats vacant, citing prolonged absences from legislative duties. Amaewhule defended his actions, asserting, “We are acting within our constitutional rights to ensure accountability among lawmakers.” However, Oko-Jumbo dismissed these declarations as “an exercise in futility,” arguing that Amaewhule and his colleagues had already lost their positions when they defected.
The ongoing conflict is a reflection of the deeper power struggles within the state, further complicated by tensions between Fubara and his predecessor, Nyesom Wike. The competing factions within the RSHA and the Governor’s office have left the people of Rivers State in a state of confusion, unsure of who legitimately represents their interests.
A Call for Constitutional Adherence
Clark’s letter to INEC has raised serious concerns about the erosion of constitutional order in Rivers State. He reminded the electoral commission of its duty to conduct by-elections in line with the Constitution, citing Section 118 as the legal basis for INEC’s authority to fill vacancies in the legislature. “It is mandatory on INEC to conduct by-elections to fill the vacant seats in the RSHA,” Clark asserted.
The former Federal Commissioner for Information further invoked Section 1(3) of the Constitution, which asserts that the Constitution overrides any conflicting laws. According to Clark, the failure of INEC to act is not just a matter of political indecision, but a clear violation of the supreme law of the land. He warned, “If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be voided.”
Clark went on to lament the disregard for constitutional principles by political leaders, saying, “What is really happening in Nigeria, where the presidency, legislature, and judiciary are committing a breach of the 1999 Constitution? Nigerians are asking what is happening.”
Nigeria’s Constitutional Crisis
The ongoing political drama in Rivers State is not just a localized issue but a reflection of larger constitutional challenges faced by Nigeria. Clark’s letter highlights a growing sense of lawlessness, where political leaders appear to be disregarding the Constitution with impunity. “There cannot be a government in any country if the constitution that binds everyone together is being bastardized. Nigeria is no doubt heading to a failed state. God forbid,” Clark warned.
Clark’s appeal to INEC is not just about the Rivers crisis—it is a call to uphold the Constitution in the face of increasing defiance by those in power. He believes that Nigeria’s future hinges on a return to constitutional adherence and the rule of law.
Clark’s Historic Plea
Clark’s impassioned plea to INEC’s Chairman, Mahmood Yakubu, is a reminder that Nigeria’s future rests on the ability of its institutions to protect the Constitution and ensure that citizens have legitimate representation. He called on INEC to take decisive action, saying, “Your name will be etched in history if you take this step.”
As the crisis in Rivers State continues to unfold, the eyes of the nation are on INEC. Will the electoral body act swiftly to restore representation in the state, or will political expediency continue to delay the process? What is clear is that, for many in Rivers State, the clock is ticking, and the absence of their elected representatives is a growing concern that demands urgent resolution.
