KEY POINTS
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Femi Falana criticized Rivers Sole Administrator Ibok-Ete Ibas’ attendance at the NEC meeting, calling it unconstitutional.
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Falana stated that Ibas has no legitimate power under the emergency rule without formal regulations issued by President Tinubu.
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The human rights lawyer also condemned an executive order in Niger State targeting citizens with dreadlocks, emphasizing the supremacy of constitutional law over arbitrary executive directives.
Prominent human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has raised serious constitutional concerns over the recent attendance of Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd.), at a meeting of the National Economic Council (NEC) held at the Presidential Villa, Abuja.
According to Falana, the Nigerian Constitution clearly stipulates that the NEC is composed of the Vice-President as Chairman, the Governor of each state of the federation, and the Governor of the Central Bank of Nigeria, as established under the Central Bank Act. In his remarks during the 70th Birthday Lecture of Dr. Osagie Obayuwana, Falana argued that the inclusion of a sole administrator, who is neither an elected governor nor a recognized constitutional representative, was unlawful.
“A Sole Administrator is not a member of the NEC. Whoever invited Vice Admiral Ibok-Ete Ibas to the meeting committed a grave violation of the Nigerian Constitution,” Falana asserted. “President Tinubu should immediately caution the Sole Administrator to desist from participating in meetings of federal executive bodies where he has no legal standing.”
Human rights lawyer says Ibok-Ete Ibas’ attendance at NEC meeting violates constitutional provisions
According to SaharaReporters, Falana’s criticism comes amid the controversial emergency rule imposed on Rivers State, which saw Governor Siminalayi Fubara suspended and Ibas appointed to oversee state affairs. Speaking through his Senior Special Adviser on Media, Hector Igbikiowubo, Ibas previously claimed that the government gazette conferring emergency rule granted him “sweeping powers” over the state’s administration.
However, Falana firmly rejected that interpretation, clarifying that the gazette mandates the Sole Administrator to govern based only on specific regulations issued by the President, which, according to Falana, have not yet been issued. “The gazette does not grant any independent powers to the Sole Administrator. All actions taken so far by him without presidential regulations are ultra vires, illegal, null and void,” he stressed.
The senior lawyer further called for the immediate termination of Ibas’ appointment, warning that continued breaches of constitutional procedure risk undermining Nigeria’s democratic framework.
Beyond the Rivers State controversy, Falana also criticized recent actions by Niger State Governor Umaru Bago, who issued an executive order mandating the arrest and forced shaving of individuals sporting dreadlock hairstyles. Falana described the order as a blatant violation of citizens’ constitutional rights.
“An executive order cannot create a criminal offence that is not prescribed by law,” he emphasized, referencing the landmark Court of Appeal decision in FAITH OKAFOR V. GOVERNOR OF LAGOS STATE, where it was held that citizens cannot be arrested or prosecuted for violating a governor’s directive unless it is backed by written law.
The human rights lawyer warned that Nigeria’s democracy is endangered when leaders disregard constitutional boundaries and create arbitrary policies without legislative backing.
Falana’s statements have sparked broader public discussions about the increasing trend of executive overreach in various states and at the federal level, as citizens and civil society groups call for strict adherence to constitutional norms and greater accountability.
As the Rivers State crisis continues to unfold, legal analysts suggest that further litigation could arise challenging the legitimacy of the emergency rule and the actions taken by the Sole Administrator.
