All the eight branches of the Nigerian Bar Association (NBA) in Rivers State today threw their weight behind the Rivers State Local Government Election scheduled to hold tomorrow.

CITY LAWYER recalls that there has been controversy over the holding of the election following different court verdicts on the matter. This has led the Nigeria Police to withdraw its participation in the election, even as Rivers State Governor Siminalayi Fubara vowed that the election must proceed as planned.

In a statement obtained by CITY LAWYER, the NBA Branches noted the “multiple” court rulings but stated that “While we do not wish to reignite the controversies or dwell excessively on the ongoing issues, we must emphasize that the Nigerian Constitution remains the supreme law from which all government institutions derive their legitimacy. All judgments or laws inconsistent with the Constitution are null and void to the extent of their inconsistency.”

The statement which was presented by the Chairman of Chairmen of Rivers State NBA Branches Cordelia Eke reads:

Press Statement by the Nigerian Bar Association (NBA) Rivers State Branches on the Scheduled Local Government Elections in Rivers State

In light of the upcoming local government elections scheduled for October 5th 2024, in Rivers State, the chairmen of the eight branches of the Nigerian Bar Association (NBA) in Rivers State wish to make the following statement:

1. Legitimacy of Local Government Elections
   Local government elections are a critical part of the democratic process in Nigeria, as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended). Therefore, these elections are legal and sanctioned by law, and the Rivers State local government elections are no exception.
2. Judicial Interpretations and Conflicting Judgments
   It is widely known that multiple court judgments on issues relating to the Rivers State local government elections have been circulating on social media. Unfortunately, many of these judgments emanate from courts of coordinate jurisdiction and have been subject to varying interpretations. While we do not wish to reignite the controversies or dwell excessively on the ongoing issues, we must emphasize that the Nigerian Constitution remains the supreme law from which all government institutions derive their legitimacy. All judgments or laws inconsistent with the Constitution are null and void to the extent of their inconsistency.
3. Role of Security Agencies
   Security agencies are constitutionally tasked with maintaining law and order in the country. Failure to carry out this role undermines both democracy and the Constitution. We urge these agencies to uphold their responsibilities to ensure a peaceful and lawful election process.
4. Participation and Observations
   As far as the NBA branches are concerned, there is no legal barrier to conducting the local government elections in Rivers State. The NBA branches will participate as election observers to promote transparency and accountability.
5. Encouragement to Voters
   We remind all eligible and registered voters in Rivers State on election day to exercise their constitutional right to vote. It is crucial for the advancement of democracy that all citizens make their voices heard through peaceful participation in the electoral process.
6. Peaceful Conduct and Law-Abiding Citizens
   Finally, we advise all residents and indigenes of Rivers State to remain peaceful and law-abiding throughout the election process. Respect for the rule of law is fundamental to the stability of our democracy.

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