The Dilemma of Leadership in Rivers LGs: Lere Olayinkas Perspective

The Minister of Federal Capital Territory, FCT, Nyesom Wike’s Special Adviser on Public Communication, Lere Olayinka, has emphasized that Governor Sim Fubara of Rivers State does not have the authority to determine who governs the local governments in the state. Olayinka pointed out that according to the Nigerian Constitution and a Supreme Court ruling on local government autonomy, only democratically elected Chairmen and councillors have the mandate to oversee local governments, not state governors.

In response to Fubara’s directive for all 23 Local Government Area chairmen in the state to hand over their duties to Heads of Local Government administration immediately, Olayinka clarified the legal framework governing local government administration. Fubara’s directive was issued following a Supreme Court ruling that invalidated the election of 23 Chairmen and 319 councillors in the state.

In a state-wide broadcast, Fubara announced that Heads of Local Government administration would assume control and manage the councils until fresh elections are conducted by the Rivers State Independent Electoral Commission. Fubara assured the public that upon receiving the certified judgements, his administration would carefully analyze and implement the necessary actions to comply with the law and advance the state’s progress.

Furthermore, Fubara emphasized the prohibition of Caretaker arrangements in the Local Government system and instructed the Heads of Personnel Management to immediately take charge of the administration of the 23 Local Government Councils. He also directed the outgoing Local Government Chairmen to formally transfer their responsibilities to the new administrators.

Fubara has assured that the Supreme Court judgment will be followed accordingly.

Governor Fubara emphasized that his administration has consistently operated within the parameters of the constitution, adhering to due process and the rule of law.

In response, Olayinka pointed out that the constitution permits the Rivers State House of Assembly to extend the terms of the democratically elected local government chairmen and councillors.

In an interview with DAILY POST, Olayinka stated, “Governors no longer have the authority to dictate who should lead local governments. The Constitution of Nigeria and the Supreme Court ruling on local government autonomy clearly state that only democratically elected chairmen and councillors have the right to govern local councils.

Therefore, it is the responsibility of the Rivers State House of Assembly to extend the terms of the democratically elected local government chairmen and councillors whose tenure has expired. They are the only ones with the constitutional mandate to oversee the local councils, not individuals appointed by the governor.

Section 135(3) of the 1999 Constitution even grants the National Assembly the power to extend the President’s term in the event of election postponement.”