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A Rivers State High Court in Port Harcourt has dismissed a suit challenging the legality of the August 30 local government elections conducted in Rivers State under the supervision of Sole Administrator Desmond Ibas.
TJ News Nigeria reports that the polls, which came under heavy criticism due to Ibas’ role, were upheld by the court as valid and constitutional. Justice Stephen Jumbo, who presided over the matter, ruled that the claimant lacked the legal standing to institute the action and that only the Supreme Court could entertain such disputes during a period of emergency rule.
Background to the Dispute
The elections, held on August 30, 2025, were organised by the Rivers State Independent Electoral Commission (RSIEC). The process, however, was criticised by sections of the public who argued that an administrator appointed during emergency rule had no constitutional authority to oversee elections.
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The controversy followed President Bola Ahmed Tinubu’s March declaration of emergency rule in Rivers State, which suspended:
- Governor Siminalayi Fubara
- His deputy
- Members of the Rivers State House of Assembly
In their place, Tinubu appointed Desmond Ibas as sole administrator with a six-month mandate set to expire this week.
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The Suit
The legal action was filed by Port Harcourt-based lawyer Williams Stanley.
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- Defendants listed: President Tinubu, the Attorney-General of the Federation, Sole Administrator Desmond Ibas, RSIEC, and the commission’s chairman.
- Relief sought: Nullification of the August 30 polls on the grounds that the appointment of Ibas and his nomination of RSIEC officials to conduct the election were unconstitutional.
Court’s Ruling
Justice Stephen Jumbo dismissed the suit on multiple grounds:
- Jurisdiction:
- The judge ruled that the court lacked jurisdiction, noting that only the Supreme Court can hear cases arising under emergency rule provisions in the Constitution.
- Locus standi:
- He held that the claimant had no legal standing to bring the suit, as he failed to establish any personal interest or violation of his civil rights.
- In his words:
“The interest the claimant seeks to protect is not his personal interest but that of the governor of the state, a position he is not holding.”
- Validity of the elections:
- The court affirmed that the August 30 elections were constitutional and legitimate since they were conducted by RSIEC, not directly by the sole administrator or the suspended governor.
- Costs:
- The court declined to award costs against the claimant.
Implications of the Judgment
The ruling effectively upholds the results of the August 30 Rivers local government polls, giving legitimacy to the elections conducted under emergency rule.
- It underscores the constitutional limits of state high courts in matters involving emergency declarations.
- It reinforces the authority of RSIEC as the body legally empowered to conduct elections in Rivers State.
- It sets a precedent for future legal challenges arising from emergency rule administration.
Key Takeaways
- The August 30 Rivers LG polls have been declared valid by the court.
- The suit filed by lawyer Williams Stanley was dismissed for lack of jurisdiction and locus standi.
- Justice Stephen Jumbo ruled that only the Supreme Court can handle such disputes under emergency rule.
- The ruling affirms that RSIEC, not the sole administrator, conducted the elections, making them constitutional.
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