The chairman and members of the Rivers State Civil Service Commission, appointed by suspended state governor Siminalayi Fubara, have instituted legal proceedings against Sole Administrator Ibok-Ete Ibas over what they describe as their illegal removal from office.
The claimants, Reverend Goodlife Iduoku Ben, Amadi Christian Echele, Chimenim Wisdom Jerome, and three others, are contesting their suspension, arguing that they were legally appointed and confirmed by the Rivers State House of Assembly.
Legal Arguments Presented
According to an affidavit signed by the suspended chairman, Ben, the claimants maintain that before receiving their appointment letters from Governor Fubara, records of their confirmation were properly filed with the Clerk of the House. They insist that the sole administrator lacks the legal authority to suspend them and appoint new commission members.
When the matter came up for hearing on Thursday, the legal team representing the sole administrator, comprising approximately five Senior Advocates of Nigeria, filed their defense along with a notice of preliminary objection. They challenged the jurisdiction of the Rivers State High Court to hear and determine the matter.
The defense team argued that under the combined provisions of the Emergency Powers Act, 1961 and the Emergency Powers (Jurisdiction) Act, 1962, the proper court for such matters is the Federal Supreme Court, which they noted has since been modified by presidential regulation to what is now known as the Supreme Court of Nigeria.
In their substantive defense, the administrator's legal team heavily relied on these legislations to justify that the administrator derives his powers to suspend and make appointments from those laws.
Claimants' Response
The claimants' legal team countered that both the 1961 and 1962 Acts cited by the defense are obsolete. They maintained that under the 1999 Constitution of the Federal Republic of Nigeria (CFRN), these laws are considered spent and are clearly listed as such in the Laws of the Federation of Nigeria (LFN), 2004.
Presiding Judge, Justice Frank Onyiri, adjourned the case to June 17, 2025, for the adoption of all processes.
BenriNews reports that this case adds to the ongoing political tensions in Rivers State following the suspension of Governor Fubara and the appointment of a sole administrator to oversee the state's affairs.
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