A man versed in constitutional law who is also a Senior Advocate of Nigeria (SAN) has asked the National Assembly (NASS) to make haste and call the Rivers Sole Administrator to order.

Lawrence Oko-Jaja (SAN), former chairman of the Port Harcourt branch of the Nigerian Bar Association (NBA), warned that continuous breach of the 1999 Constitution as well as orders and rulings of the Supreme Court may cause breakdown of law and order in Rivers State.

Oko-Jaja, who said there was no reason and not enough grounds for declaration of state of emergency in the first place, warned that the Sole Administrator was aggravating the illegality by his actions that he said have thoroughly breached relevant sections of the law.

Speaking with passion in an interview in Port Harcourt, the SAN said: ?My position on the tension and crisis in Rivers State at the moment is that there was no need to declare any state of emergency (SOE) in the state. I live in Port Harcourt and I can testify that the state is peaceful. So, there was no need to declare a state of emergency in Rivers State.

?Yes, state of emergency can be declared in all of or any part of the country, going by Section 305 of the 1999 Constitution, but it does not warrant removal of a governor or deputy or elected institutions such as members of the parliament.?

Oko-Jaja admitted that then President Goodluck Jonathan declared state of emergency in some parts of the country in his time, but quickly reminded Nigerians that no part of ambit of government was suspended. ?It is wrong by the President to overreach himself and suspend the governor, deputy, and lawmakers in Rivers State as he has done at this moment.

?Now, by this action, we have a Sole Administrator (Solad) in Rivers State. Again, he is overreaching himself by dismantling democratic institutions.?

The former NBA PH branch chairman recalled how the Sole Administrator has appointed new members of the Rivers State Independent Electoral Commission (RSIEC) and sole administrators in the 23 local government areas (LGAs) of the state. ?This action of his is not covered by the gazette from where he derived powers as Sole Administrator of Rivers State.

?This is because Article 3 of that gazette stated clearly what he should do or what part of the government was suspended. It is only the office of the Governor, Deputy Governor, and the Rivers State House of Assembly. No other institution was mentioned or suspended. So, where did the Sole Administrator get powers to dismantle these institutions he is dismantling??

He quoted the gazette thus: ?Rivers State will be administered by a Sole Administrator who shall operate by regulations to be issued by me (President)?.

The SAN declared that the Sole Administrator is thus not to take any action not issued by the Office of the President.

?As at today, we are not aware of any directive by the Office of the President to sack these offices he is sacking. We do hope that all these actions he is taking and things he is doing will not lead to breakdown of law and order (anarchy).?

The senior lawyer said people want peace in Rivers State. ?He came and saw peace and said so. Let his actions not lead to a contrary situation.

?The 1999 Constitution made no provision for appointment of Sole Administratorship. The Supreme Court also said so. That was why when the Supreme Court ruled and nullified the election of LGAs in Rivers State, the Governor ordered all elected persons in LGAs to obey the order by vacating, in keeping with the decision of the Supreme Court. He did not appoint sole administrators again but asked career civil servants in the LG system, these being the most senior civil servants, as is the tradition, to hold power till fresh election would be conducted to the satisfaction of the law.?

Now, he said angrily, the appointments in the LGAs by the Sole Administrator are antithetical to the Supreme Court ruling and the letters and spirit of the Constitution. ?These are actions taken by the person who has come to set things right? It does not portend well to the state, the Constitution, or the Supreme Court order.?

He stated that Rivers State is peaceful, and that the people of the state want to keep it so. ?I do not know the brief the Sole Administrator had with the President but the law is clear. He is overstepping his bounds.?

He also talked about disobedience to the Rule of Law. ?The Federal High Court in Port Harcourt in Suit No. FHC/PS/CS/46/2025 PILEX Cenre for Civic Education versus the Sole Administrator of Rivers State issued an injunction restraining him (Sole Administrator) from appointing administrators in the LGAs but he has contrarily done so against court order of a validly constituted court of competent jurisdiction.

On advice, the SAN said it is for him (Sole Administrator) to respect the Rule of Law, and respect the decisions of the court, so that Nigeria and Rivers State would not be seen as a lawless entity.

?My advice is for him to please retrace his steps. Even the National Assembly (NASS) did not donate such powers to him in approving the proclamation.

?It is high time the NASS called him to order so the NASS will be seen to obey and to have enforced the Rule of Law because they gave him the power. Please, Sole Administrator, retrace your steps.?

He pleaded with the people of Rivers State to remain peaceful and law-abiding because the state is in trying and tempting times.

Some other lawyers who reviewed the position of Oko-Jaja said for the fact that no part of the Constitution was suspended and the judiciary was not overthrown, that the Rivers State Sole Administrator must act within the law and obey orders of court. (BusinessDay)

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