Rivers crisis: Human rights group seeks neutrality from security agencies

The Human Rights Advocacy Crusaders (HRAC), a coalition of human rights groups in Nigeria, has asked the police and other security agencies to be neutral in the ongoing LG crisis in Rivers.

In a statement signed by Jerry Nicholas, the group called on security agents not to allow “power grabbers” to have their way in the state.

The coalition charged the security agents to focus on maintaining peace and order in the state.

On Tuesday, Siminalayi Fubara, governor of Rivers, asked caretaker chairpersons to immediately assume control of the 23 council areas of the state.

Despite the governor’s directive, some of the former LGA chairpersons reportedly attempted to resume duties at the council secretariat, but were chased away by irate youths.

The development sparked political tension in Rivers as residents protested at some of the LGA secretariats.

Police officers fired multiple shots to disperse protesters at the various LGA headquarters.

On Wednesday, Fubara swore in new caretaker committee chairmen in the 23 LGAs.

In the statement, Nicholas said the expiration of the tenure of local government chairpersons and other officials is a constitutional matter.

“The law is clear: the 1999 Constitution and Section 9(1) of the Rivers State Local Government Law No 5 of 2018 provide for a 3-year tenure for local government chairmen, with a possibility of a second term,” he said.

“We inform the security agents that the law No 2 of 2024, which attempted to extend the tenure of the outgoing chairmen by six months has been expunged from the laws of Rivers State by Justice D.G. Kio of the state High Court.

“This means that the outgoing chairmen cannot rely on a non-existent law to continue in office.

“We also urge the former chairmen and others who are still eligible to seek re-election into the councils whenever elections are scheduled by the Rivers State Independent Electoral Commission, rather than resorting to violence.

“We refer to the judgment of the Supreme Court in the case of the Attorney General of the Federation versus the Attorney General of Abia State (2021), which ruled on the tenure of council chairmen in the state, and applies to all states of the federation.

“We reiterate that security agents must remain neutral and not take sides with any party. They must also prevent violence and maintain peace in Rivers State while allowing the democratic process to unfold, and ensuring that the rule of law is upheld.”

THE RIVERS LGA CRISIS

The tenure of the LG chairpersons has been fraught with controversy amid the political crisis in the south-south state.

In May, the Rivers chapter of the Association of Local Government Areas of Nigeria (ALGON) accused Fubara of withholding funds meant for the LGAs since April.

Allwell Ihunda, then-chairman of ALGON, said Fubara was “starving the third tier of government of the needed funds to discharge their functions”.

Most of the outgoing LG chairpersons are loyal to Nyesom Wike, minister of the federal capital territory (FCT) and immediate past governor of Rivers.

Fubara and Wike are at loggerheads over control of the political structure of the state.

The political crisis has lingered for months, factionalising the state house of assembly.

In April, the Rivers assembly passed the local government amendment bill into law, despite Fubara’s refusal to give his assent.

The amendment empowers the lawmakers, via resolution, to extend the tenure of elected chairpersons of LGAs and councillors, where it is considered impracticable to hold elections before the expiration of their three-year term in office.

The Rivers assembly said the amendment was to ensure that LGA elections were conducted before the expiration of the administration.

Fubara declined assent to the bill but the assembly vetoed his decision.

However, a court judgment nullified the amendment of the local government law.

The judgment was appealed, and the appeal court is expected to deliver a ruling on June 20.

The 27 house of assembly members had said they will resist attempts by Fubara to install caretaker chairpersons in the LGAs.