Rivers: Lawyers flay Ibas’ suspension of political appointees

…as the plaintiff seeks expedited hearing of suit seeking to sack Vice Admiral, Ibas

By Ikechukwu Nnochiri

ABUJA– Senior legal practitioners in the country, on Thursday, flayed the suspension of all political office holders in Rivers State by the Sole Administrator of the state, Vice-Admiral Ibok Ette Ibas, rtd.

The interim government in Rivers State, led by Vice-Admiral Ibas, rtd, had announced the suspension of all those that were appointed by Governor Siminalaye Fubara who is currently serving a six-month suspension that was slammed on him by President Bola Tinubu.

It maintained that the action was in line with powers that were vested on the Sole Administrator by President Tinubu.

The affected officials were directed to hand over to Permanent Secretaries in their respective Ministries, Departments, and Agencies, MDAs, or in the alternative, to the most senior Director or Head of Administration.

However, in separate interviews with Vanguard, legal practitioners faulted the action which they said was not backed by any constitutional provision.

They argued that President Tinubu was bereft of the authority to vest on the Sole Administrator, any power that has no root in the 1999 Constitution, as amended.

Reacting to the development, a Senior Advocate of Nigeria, Mr. Abeny Mohammed, noted that the legality of the appointment of the Sole Administrator is still a matter that is awaiting judicial pronouncement.

According to him, Vice Admiral Ibas’ appointment by President Tinubu, was ab-initio, unconstitutional.

“He himself (Vice Admiral Ibas, rtd) is an illegal appointee. It is a case of illegality giving birth to illegalities.

“You cannot put something on nothing and expect it to stand. The appointment of the Administrator has been challenged in several cases pending in court,” the learned silk added.

Another lawyer, Chief Chukwuma Nwachukwu, said: “My view is that it is rather very unfortunate that the grundnorm of the Country which is the 1999 Constitution is being serially marauded right in our presence.

“To begin with, the President lacks powers to remove Governor Siminalayi Fubara from office as the Constitution did not under any circumstances authorize such a removal from office except as contemplated by and in strict accordance with the letters of the Constitution.

“It is a trite maxim of law that ‘Expressio unius est exclusion alterius’ which supposes that the expression of one thing is the exclusion of another!

“Coming to the suspension of all political appointees by the Emergency Administrator of Rivers State, I would firstly say that his own appointment being in breach of the Constitution is illegal, unlawful and of no effect whatsoever. You cannot put something on nothing and expect it to stand.

“So, in essence, the activities of the Administrator which includes the dismissal of all appointees of the Governor is null and void for being without legal status.”

On his part, an Abuja-based human rights lawyer, Chief Bernand Egbo, urged President Tinubu to immediately call the Rivers state Sole Administrator to order.

He said: “The action is capable of creating more problems than solutions in Rivers State. I am yet to find a single constitutional provision that empowered either President Tinubu or his appointee to suspend those that were appointed by a serving Governor.

“These anomalies make one to wonder if we are really a democratic nation. In the first place, it was wrong for the President to truncate the people’s mandate by suspending a serving governor that was elected the same way he was elected.

“In a federation like ours, such has never happened! Now, the person he illegally appointed to replace an elected governor has also taken his own illegal step by suspending even statutory appointees.

“What is happening before our eyes is a total bastardization of the rule of law. In sane climes, the Attorney-General of the Federation, being the Chief Law Officer of the nation, ought to have on his own, approach the Supreme Court to protect the Constitution from the hands of the president.

“This is why I will continue to call for the separation of the office of the AGF from that of the Minister of Justice. Being a political appointees, his hands are tied behind his back while his principal, the president, continue to progress in error.”

Meanwhile, a lawyer, Mr. Johnmary Jideobi, has filed an affidavit of urgency before the Federal High Court in Abuja, seeking accelerated hearing of the suit seeking to sack the Sole Administrator of Rivers state.

Mr. Jideobi, in a letter he wrote to the Chief Judge of the Federal High Court, Justice John Tsoho, described the case as one that is of utmost importance, stressing that it borders on the tenure of elected Governor and Deputy Governor.

“It is noteworthy that the Attorneys-General of the 36 States of the federation are all defendants in the matter.

“Furthermore, the relief sought would readily show that they relate to tenure of the elected governor and deputy governor of Rivers state which is time-bound.

“To this end, an affidavit of extreme urgency deposed to by the plaintiff has been attached to this letter.

“In the circumstance of the above, we humbly request that you graciously approve expedited assignment of this suit for timeous litigation of same,” the letter further read.

The plaintiff had asked the court to determine: “Whether in view of the combined provisions of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the President of the Federal Republic of Nigeria [1st Defendant herein] has any constitutional authority [whatsoever] to either remove, suspend or otherwise tamper with the tenure of the duly elected Governor and Deputy Governor of Rivers State [and indeed of any other State in Nigeria] and appoint a sole Administrator [or any other substitute howsoever called or described] such as the 3rd Defendant for that State?”

He is among other things, praying the court for: “A declaration of this Honourable Court that the purported nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd)by the 1st Defendant as the Sole Administrator of Rivers State of Nigeria is unconstitutional, null and void and of no legal effect whatsoever.

“An order of this Honourable Court setting aside the suspension of the Governor and the Deputy-Governor of Rivers State of Nigeria by the 1st Defendant on Tuesday the 18th day of March, 2025 for being unconstitutional, null and void and of no legal effect whatsoever.

“An order of this Honourable Court setting aside the nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (Rtd) as the Sole Administrator of Rivers State of Nigeria by the 1st Defendant.”

Likewise, “An order of this Honourable Court directing Vice Admiral Ibokette Ibas (Rtd) [the 3rd defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”

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