Wike defends Tinubu’s modification of Electoral Act for Rivers LG polls

Wike defends Tinubu’s modification of Electoral Act for Rivers LG polls

By Omeiza Ajayi

ABUJA: Minister of the Federal Capital Territory FCT, Nyesom Wike, has endorsed President Bola Tinubu’s actions regarding the upcoming local government elections in Rivers State.

Wike, speaking during a Monday’s media chat monitored in Abuja, argued that the President’s decision to modify the Electoral Act is legally sound, citing a precedent set by the Emergency Act of 1961 and its subsequent modifications.

The former Rivers state governor criticized what he called “television advocates” who he said offer legal opinions without pursuing cases in court.

He also cited a past Supreme Court judgment, which he noted was secured by his legal team, as evidence that courtroom advocacy, not public commentary, determines the law.

Wike provided a detailed legal justification for President Tinubu’s actions, tracing the authority back to colonial-era legislation.

He explained that the Emergency Act of 1961, particularly Section 3, granted the Governor-General—and later the President—the powers to suspend or modify certain laws during a state of emergency.

He noted that in 2004, President Olusegun Obasanjo created a modification law that retained these powers, allowing the president to issue regulations to guide governance in emergency areas.

Wike stated that President Tinubu built on this precedent by issuing regulations to facilitate the conduct of local government elections in Rivers State.

According to Wike, the President’s regulations were designed to “suspend or modify the application of the Electoral Act of 2022,” as well as state laws governing independent electoral commissions and election tribunals

This was done to enable elections to be held within a 90-day period and to restore democratic structures at the local government level, which had been affected by a Supreme Court ruling.

Wike also explained the timing of the President’s actions, noting a previous Supreme Court judgment that prevented local governments from accessing funds and governors from appointing caretaker committees.

He argued that President Tinubu’s regulations effectively set aside that judgment, allowing local governments to receive necessary funds.

According to him, the President, in his wisdom, issued a new regulation in July mandating that elections be conducted within 30 days.

Wike said this was a strategic move to restore peace and democratic governance without extending the state of emergency, which he said would be unpopular with the public.

Without these modifications, he opined that local governments would be unable to access funds, leading to further crisis at the grass roots of governance.

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