Lere Olayinka, Special Adviser on Public Communication to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, has strongly criticised the recent directive issued by Governor Sim Fubara of Rivers State regarding the administration of local governments in the state. Olayinka, in his reaction, stated that the governor cannot decide who runs the local councils, as such decisions are clearly outlined in the Nigerian Constitution and supported by a Supreme Court ruling on local government autonomy.
The controversy began after Governor Fubara ordered the 23 Local Government Area (LGA) chairmen in Rivers State to hand over power to the Heads of Local Government Administration (HLGA) following a Supreme Court judgment that invalidated the local elections held in October 2024.
The Supreme Court, in a ruling delivered by Justice Jamilu Tukur on Friday, declared that the election in which the local government chairmen and councillors were elected was illegal. This judgment effectively removed the 23 chairmen and 319 councillors who had been in office. Governor Fubara’s directive was part of his administration’s effort to enforce the ruling and ensure that local government affairs continue to function smoothly while awaiting fresh elections.
In a broadcast on Sunday, Governor Fubara explained that the Heads of Personnel Management would take charge of the 23 local councils until new elections could be held. He assured Rivers residents that the Supreme Court’s ruling would be fully obeyed, and he outlined the process for the handover of power.
“I have had a meeting with my team of lawyers, and they have assured me that the certified true copy of the judgments may be available by Friday, 7th March 2025,” Fubara said. “Upon the receipt of certified judgments, we shall study their ramifications and implement them without reservations to move the state forward.”
The governor’s directive instructed the outgoing local government chairmen to formally hand over the administration of their councils to the Heads of Personnel Management by Monday, 3rd March 2025. This move was intended to ensure that the councils continue to function while the Rivers State Independent Electoral Commission (RSIEC) prepares for fresh local government elections.
“We hereby direct the Heads of Personnel Management to immediately take over the administration of the 23 Local Government Councils, pending the conduct of fresh elections by the Rivers State Independent Electoral Commission,” Fubara added.
However, Lere Olayinka, a spokesperson for Nyesom Wike, disagreed with Fubara’s actions, arguing that the governor had no constitutional authority to decide who runs the local governments. Olayinka pointed out that both the Constitution of Nigeria and the Supreme Court’s recent judgment on local government autonomy make it clear that only democratically elected chairmen and councillors have the right to manage local government affairs.
According to Olayinka, the governor’s order was not in line with the provisions of the Nigerian Constitution, which has granted autonomy to local governments. The Constitution, Olayinka argued, makes it clear that only elected officials can run the affairs of local governments, and the tenure of these officials can only be extended by the Rivers State House of Assembly, not by the governor.
“Governors can no longer direct or order who should run Local Governments and who should not. It is a clear provision of the Constitution of Nigeria and the Supreme Court judgment on local government autonomy that ONLY DEMOCRATICALLY ELECTED Chairmen and Councillors SHALL run Local Governments,” Olayinka said in an interview with DAILY POST.
He further argued that the Rivers State House of Assembly, as per the Constitution, holds the power to extend the tenure of the democratically elected local government officials whose terms have expired. Olayinka’s comments highlight the tension between the constitutional requirement for local government autonomy and the actions of state governors who, in some cases, have been known to impose caretaker arrangements in local councils.
“It is, therefore, the duty of the Rivers State House of Assembly to extend the tenure of the democratically elected Local Government Chairmen and Councilors whose tenure expired. They are the only ones with constitutional rights to run the Local Councils, not anyone directed by the governor,” Olayinka highlighted.
The issue of local government autonomy has been a longstanding matter in Nigerian politics. The Nigerian Constitution clearly provides for the independence of local governments, but successive state governors have at times found ways to interfere with local government affairs, often by appointing caretakers or dismissing elected officials.
