The political atmosphere in Rivers State has been thrown into fresh turbulence as the African Democratic Congress (ADC) drags the Sole Administrator of the state, Vice Admiral Ibok-Ete Ekwe Ibas (Rtd.), before the High Court of Rivers State, challenging what it describes as an “unconstitutional usurpation of powers” in the appointment of the Rivers State Independent Electoral Commission (RSIEC) board and the release of a revised election timetable.
In a suit marked PHC/3126/CS/2025 and filed before the Port Harcourt Judicial Division, the ADC listed Ibas, the Rivers State Government, the Attorney-General of Rivers State, and RSIEC as defendants.
The party, through its legal counsel G.C. Chinda & Co, is urging the court to declare the appointment of RSIEC board members by the Sole Administrator unlawful, arguing that only a duly elected Governor has the constitutional authority to make such nominations.
ADC’s Argument: “A Clear Breach of the Constitution”
According to the claimants, the actions of Ibas contravene Sections 197(1) & (3) and 198 of the 1999 Constitution (as amended) as well as Section 2(2) of the Rivers State Independent Electoral Commission Law, 2018, which vest the power of appointing RSIEC board members solely in the elected Governor of the state.
The ADC also contends that the revised timetable for the state’s local government elections, released on July 28, 2025, is invalid for violating Section 20(1)(a)(iii) & (b) of the RSIEC Law. The party insists that all steps already taken by the newly constituted electoral body — including preparations for the polls — are illegal and must be nullified.
Among the far-reaching declarations and orders sought, the ADC is asking the court to:
Declare null and void the nomination, appointment, and constitution of the RSIEC board made by Ibas on May 9, 2025.
Set aside the revised election timetable and all related activities undertaken by RSIEC in preparation for the local government elections.
Perpetually restrain the Sole Administrator, his agents, and the Rivers State Government from usurping the constitutional functions of an elected Governor with respect to RSIEC appointments.
Award ₦10 million in damages to the ADC for what it describes as unlawful interference and aggravated injury to democratic governance in Rivers State.
The legal tussle comes at a time when Rivers State is already grappling with political tension over the legitimacy of governance structures and the conduct of credible elections. Observers say the case could set a precedent in clarifying the extent of powers of a Sole Administrator vis-à-vis constitutional provisions reserved for an elected Governor.
The court is expected to fix a date for hearing, a development many believe will be a decisive moment in the unfolding political drama in Rivers State.
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