In an attempt to prevent the Federal Government from giving funds intended for Rivers State’s Local Government Councils (LGCs) to Vice Admiral Ibok-Ete Ibas (Rtd), the newly appointed Sole Administrator, former Deputy Speaker of the Rivers State House of Assembly Rt. Hon. Marshall Stanley-Uwom has filed a lawsuit in the Federal High Court in Abuja.
Stanley-Uwom, who was a member of the assembly when Nyesom Wike was governor, is contesting the legitimacy of Ibas’ appointment, pointing to a recent Supreme Court decision and Section 7(1) of the 1999 Constitution (as amended).
He contends that the LGCs’ affairs cannot be lawfully managed by caretaker administrators who are not chosen by the general public.
“An order that the State of Emergency in Rivers State issued and/or proclaimed by the President has ceased to have effect” is what he has requested the court to issue.
He is also asking for “an order compelling the 7th Defendant (Ibas) to immediately vacate the office of Sole Administrator of Rivers State and allow the democratically elected Governor of Rivers State to resume his office.”
President Bola Tinubu is named as the 1st Defendant in the case (suit no. FHC/ABJ/CS/797/2025). The other defendants listed from 2nd to 10th include: the National Assembly, Senate, Senate President, House of Representatives, Speaker of the House of Representatives, Vice Admiral Ibas (Rtd), the Central Bank of Nigeria (CBN), the Accountant General of the Federation, and the Federation Account Allocation Committee (FAAC).
The lawsuit, filed through a legal team led by Sylvester I. Evbuomwan, sets out four constitutional questions for judicial interpretation.
Stanley-Uwom, who identifies himself as a royal prince from the Agba Royal Family of Abua and the Adibaal Abuan 1 of Abua in Abua-Odual Local Government Area, poses the following queries:
“Whether by virtue of Section 305 (6) (b) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the Proclamation issued by the President has ceased to have effect in the absence of a resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation.
“Whether by virtue of Section 7 (1) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) and the Supreme Court decision in AG OF THE FEDERATION V. AG OF ABIA STATE & ORS (2024) LPELR-62576 (SC), the 7th Defendant can legally appoint unelected officials as caretaker to run the affairs of the Local Government Councils of Rivers State.
“Whether by virtue of Section 7 (1) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) and the Electoral Act and the Supreme Court decision in AG OF THE FEDERATION V. AG OF ABIA STATE & ORS (2024) LPELR-62576 (SC), the 8th, 9th and 10th Defendants can legally release allocations accruable to the Local Government Councils of Rivers State from the Federation Account to the unelected officials appointed by the 7th Defendant as caretaker appointed to run the affairs of the Local Government Councils in Rivers State.”
Likewise, “Whether by virtue of Section 197 and 198 of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the 7th Defendant can legally remove from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) who were appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).”
Stanley-Uwom described his political background and significant events leading up to the court action in his 16-paragraph supporting affidavit, which was personally sworn.
As a politician, a traditional royal prince, and an elder statesman in Rivers State, among other things, I am a significant stakeholder in the state.
Rivers State’s governor, Siminalayi Fubara, was chosen in the general elections of 2023. However, the First Defendant suspended the aforementioned Siminalayi Fubara as governor of Rivers State and proclaimed a state of emergency in the state, citing Section 305 of the Federal Republic of Nigeria, 1999 Constitution as amended.
According to Section 305 (6) (b) of the Federal Republic of Nigeria, 1999 (as amended) Constitution, the first defendant asked the second defendant to approve the declaration of a state of emergency in Rivers State, which was supported by a two-thirds majority of all members of the third and fifth defendants.
That 3rd and 5th Defendants at their plenary sessions of Thursday, 20th March 2025 purportedly approved the request of President Bola Ahmed Tinubu to proclaim a state of emergency in Rivers State without proper votes establishing and or showing that two-thirds majority votes were secured to support or approve the Proclamation of state of emergency in Rivers State as declared by the 1st Defendant.
“That instead the 4th and 6th Defendants proclaimed that they had secured resolution of the 3rd and 5th Defendants at their plenary sessions through voice votes and not through proper vote count as required for the passing of a resolution of this nature.
“That on the 19th of March, 2025, the 1st Defendant swore in the 7th Defendant as the Sole Administrator of Rivers State. That the 7th Defendant thereafter immediately took over the affairs of the administration of Rivers State by moving into the government house of Rivers State.
“That upon taking over the affairs of the government of Rivers State, the 7th Defendant sacked all the officers in charge of the affairs of the Local Government of Rivers State and appointed a new set of Local Government Caretaker Committee to run the affairs of the LGAs in Rivers State.
“That the 7th Defendant also removed from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).
“That the 8th, 9th and 10th Defendant have been releasing allocations accruable to the LGAs of Rivers State to the appointed caretaker committees appointed by the 7th Defendant and also releasing to the 7th Defendant all allocations accrued to Rivers State.
that the seventh defendant is using Rivers State funds without authorization from the legislature.
The plaintiff claimed that “granting all the reliefs in the Originating Summons shall be in the interest of justice.”
The court has not yet set a hearing date as of the time of publication.
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