The Executive Director of the Electoral College of Nigeria, Kunle Lawal, has faulted the conduct of the local government elections in Rivers State, citing the imposition of emergency rule in the coastal state.

Lawal spoke on Saturday as residents of the oil-rich state cast their ballot to elect chairpersons and councillors in the 23 local government areas of the state.

“I don’t see democracy in someone that was appointed, creating the elected. The elected is always supposed to precede the appointed,” Lawal said on Channels Television’s Sunrise as residents of the state cast their ballots to choose leaders at the grassroots.

President Bola Tinubu in March suspended Governor Siminalayi Fubara; his deputy, Ngozi Oduh, and members of the Rivers State Assembly following the long-drawn political crisis in the state.

In their stead, the president appointed Vice Admiral Ibok-Ete Ibas (retired) as the sole administrator of the state for an interim period of six months. His appointment and the conduct of the local government elections have raised questions over the constitutionality of the process, a fact the Electoral College Nigeria chief believes casts doubts on the legality of the exercise.

Lawal argued that the suspension of “democratic structures” by the president’s declaration of a state of emergency raises a mistrust about the conduct of the local government elections.

“Now, Rivers is under an emergency rule prepared by the president. Section 305 clearly states that democratic structures are suspended indefinitely. In cases where it’s reported —in Plateau, and Adamawa — I remember, local government elections were not held because it was preempting or proceeding or during an emergency or certain democratic structures were put in place,” Lawal, who joined in from the Lekki Area of Lagos State, said.

“River State usually has one of the most volatile local government elections in Nigeria. Now with the sole administrator and the state electoral commissioner being appointed by the sole administrator, who apparently isn’t from Rivers State, there’s a lot of conversation around the practicality of these local government elections within political parties and River State indigenes. These conversations have led to quite a mistrust.”

According to him, this will have an impact on the voter turnout in the local government elections.

“So, we naturally have less than 6.5% of the voting population participating in local government elections in River State,” Lawal said on the weekend breakfast show.

“Now the projection is, with all these quagmires surrounding the present situation, we’re looking at probably lower turn outs. My prediction is between 4.5% and 5% participation.”

‘No Such Provision’

However, a Senior Advocate of Nigeria (SAN), Wahab Shittu, who also featured as a guest on the show, disagreed with the Electoral College chief.

Shittu said the declaration of the state of emergency in Rivers State does not equate to the suspension of democratic structures.

“I’ve heard repeatedly the phrase ‘democratic structures allegedly suspended’ if there’s a declaration of emergency. I’ve scanned through the Constitution, I’ve not seen a provision that says all democratic structures will be suspended if there’s a declaration of a state of emergency,” the SAN said.

“I’ve just glanced through Section 305. We have, under Section 305, about six provisions. There’s nowhere it is stated that all democratic structures will be suspended. You will recognize the fact that the local government’s democratic structure is specifically provided for in Section 7 of the Constitution and that the system of democratically elected local government councils is hereby guaranteed.

“There’s nowhere under Section 305 where that provision is dislodged, or where it says that when there is a state of emergency the local government structure will also terminate. There’s no such provision.” (Channels TV)