10/08/2025
OPEN LETTER TO PRESIDENT BOLA AHMED TINUBU
On the Proposed Rivers State Local Government Elections by an Unconstitutional Sole Administrator
By:
JUDAH A. UGWERU, ESQ.,
Date: 9TH August, 2025
His Excellency,
President Bola Ahmed Tinubu, GCFR
President and Commander-in-Chief of the Armed Forces
Federal Republic of Nigeria
A*o Rock Villa, Abuja
Your Excellency,
I write to you today not as a politician, nor as a partisan voice, but as a Nigerian citizen, a legal practitioner sworn to uphold the Constitution, and a writer who has consistently spoken out against illegality and authoritarian excesses.
I have in the past expressed my deep disapproval of the unconstitutional suspension of Rivers State’s democratically elected executive and legislative arms — a move that, in my view, amounted to a creeping “state of emergency” without the due process required by our Constitution. Today, I must raise my voice again, because what is unfolding in Rivers State threatens not only its people but the very fabric of our democratic order.
The Issue at Hand
The announcement of Local Government Council elections in Rivers State on August 30, 2025, under the direction of a federally appointed Sole Administrator and a Rivers State Independent Electoral Commission (RSIEC) constituted outside the lawful process, is an unmistakable violation of Section 7(1) of the 1999 Constitution (as amended).
Section 7(1) guarantees a system of local government by democratically elected councils and imposes on every State Government the duty to ensure their existence under a valid state law. That law, in the case of Rivers State, is the Rivers State Independent Electoral Commission Law, 2018, which clearly states that only the elected Governor — with the confirmation of the State House of Assembly — may appoint RSIEC members.
The present RSIEC is, in law, a nullity. It lacks constitutional foundation. Consequently, any election it conducts will be equally void.
Violation of the 90-Day Rule
Section 20 of the RSIEC Law requires a minimum of 90 days’ public notice before any election. Yet, with less than one month to the announced polls, there has been no transparent timetable, no proper call for nominations, and no adequate preparation. This is a repeat of the procedural disregard that led the Supreme Court to nullify similar polls in 2024.
Judicial Contempt
It is a matter of public record that there are pending cases before the Supreme Court and Federal High Court challenging both the legality of the Sole Administrator’s appointment and the constitutionality of the current RSIEC. Proceeding with elections in the face of these suits is to treat the judiciary with contempt and to erode public trust in our courts.
Federal Overreach in Disguise
By allowing a federally appointed agent to usurp the constitutionally reserved role of the Rivers State Government in local government elections, we are setting a dangerous precedent. Section 7(1) leaves no room for such federal intrusion. The doctrine of federalism, reinforced by multiple Supreme Court decisions (Governor of Ekiti State v. Olubunmo, Eze v. Governor of Abia State), prohibits exactly this kind of interference.
Why This Matters Nationally
This is not just about Rivers State. If such an unconstitutional act is allowed to stand here, it can be repeated anywhere. Today it is Rivers, tomorrow it could be Lagos, Kano, Enugu, or any other state whose political climate may invite federal takeover. This is how democracies collapse — not in one dramatic moment, but in incremental violations ignored by those who should speak.
My Appeal to You, Mr. President
I urge you, as President of the Federal Republic of Nigeria and as one who has sworn to preserve, protect, and defend the Constitution, to:
1. Halt the proposed August 30, 2025, Rivers State local government elections until a lawfully constituted RSIEC is in place.
2. Restore constitutional governance in Rivers State by ending the ongoing illegal federal encroachment on state autonomy.
3. Publicly reaffirm your commitment to Section 7(1) and the federal character of our democracy.
Leadership is often tested not by convenience, but by the courage to stop a wrong even when it benefits those in power. History will remember your decision here — for good or for ill.
In Closing
Your Excellency, the Constitution is not a suggestion; it is the supreme law of the land. To disregard it for political expediency is to invite the collapse of the very order that holds Nigeria together.
The world is watching. Nigerians are watching. Rivers State stands at a constitutional crossroads. I trust you will choose the path that upholds the rule of law.
Respectfully,
JUDAH A. UGWERU, ESQ.,
Legal Practitioner, Writer, Advocate for Constitutional Governance, and
Public commentator on Democracy and Good Governace.
08032770374
