Lere Olayinka to Governor Fubara: You Can’t Decide Who Runs Rivers LGs
Lere Olayinka, Special Adviser on Public Communication to Nyesom Wike, Minister of the Federal Capital Territory (FCT), has criticized Governor Sim Fubara of Rivers State, stating that he does not have the authority to determine who oversees the local governments in the state.
Olayinka argued that according to the Nigerian Constitution and the Supreme Court’s ruling on local government autonomy, only democratically elected Chairmen and Councillors are empowered to manage local government affairs, not state governors.
His comments followed Governor Fubara’s recent directive that the Chairmen of the 23 Local Government Areas (LGAs) in Rivers State should immediately hand over power to the Heads of Local Government Administration. This decision was made to enforce the Supreme Court’s ruling, which invalidated the election of local government officials in the state.
On Friday, the Supreme Court, in a judgment delivered by Justice Jamilu Tukur, declared the October 5, 2024, election of 23 Chairmen and 319 councillors invalid.
In response, Governor Fubara announced in a state broadcast on Sunday that the Heads of Local Government Administration would assume responsibility for the councils until new elections are conducted by the Rivers State Independent Electoral Commission (RSIEC).
Fubara also revealed that he had consulted with his legal team, and they expected to receive the certified true copy of the judgment by March 7, 2025. He assured that his administration would act in accordance with the judgment once it is received, and directed the Heads of Personnel Management to take charge of the local councils in the interim.
In his reaction, Olayinka emphasized that only the Rivers State House of Assembly has the constitutional authority to extend the tenure of local government Chairmen and Councillors. He further noted that state governors cannot dictate who should run local governments, as this is strictly reserved for democratically elected officials.
Speaking to DAILY POST, Olayinka stated, “The Constitution and the Supreme Court ruling on local government autonomy are clear: ONLY DEMOCRATICALLY ELECTED Chairmen and Councillors have the right to run local governments.” He added that it is the responsibility of the Rivers State House of Assembly to extend the tenure of those whose term has expired, as they are the only ones legally authorized to manage the councils.
He also referenced Section 135(3) of the 1999 Constitution, which even grants the National Assembly the power to extend the President’s tenure if elections
cannot be held.