By Eshioromeh Sebastian, Abuja
A constitutional lawyer, Monday Ubani, (SAN), has argued that the Rivers State Sole Administrator appointed by President Bola Ahmed Tinubu is obligated to appear before the House of Representativesโ oversight committee.
Ubani said he is not only legally bound but constitutionally compelled to honour the summons, warning that failure to do so would undermine Nigeriaโs democratic foundations.
The Ad-Hoc Committee of the House of Representatives on Rivers State had on Thursday summoned the Sole Administrator of the state, Vice Admiral Ibok-Ete Ibas (rtd.) to appear before it for a โcomprehensive interactive sessionโ.
According to a statement by Reps spokesman, Akin Rotimi, the session would provide a platform for members of the committee to deliberate on preliminary reports and developments emerging from Rivers State since the sole administrator assumed office
The declaration of a state of emergency in Rivers State and the subsequent installation of a Sole Administrator have sparked intense debate over the legality and accountability mechanisms surrounding emergency governance. While some argue that the Sole Administrator answers solely to the President, Ubani insists that the National Assembly, having approved the emergency proclamation, retains oversight authority over his actions.
โThe Sole Administrator is currently the de facto and de jure authority administering Rivers State under emergency powers approved by the National Assembly,โ Ubani stated. โHis legitimacy, at least until a court rules otherwise, is not in question, and neither is his obligation to submit to legislative oversight.โ
The constitutional lawyer referenced Section 305 of the 1999 Constitution (as amended), which empowers the National Assembly to approve or modify emergency proclamations. He noted that the House of Representatives, in granting approval, had explicitly included oversight conditions to monitor the Sole Administratorโs activities. This, he argued, was well within the legislatureโs constitutional mandate, reinforcing the principle of checks and balances.
โThe argument that the Sole Administrator is only accountable to the President is constitutionally baseless,โ Ubani asserted. โSections 88 and 89 of the Constitution grant the National Assembly sweeping investigatory powers over any public officer administering public funds or executing public functions. Emergency rule does not exempt anyone from accountability.โ
Ubani cited judicial precedents, including El-Rufai v. House of Representatives (2003), where the courts upheld the legislatureโs right to summon public officials. He dismissed any suggestion that emergency powers could override constitutional provisions, stressing that Section 1(3) of the Constitution ensures its supremacy over any inconsistent laws or executive actions.
โPublic service, regardless of the circumstances of appointment, must be transparent and accountable,โ he maintained. โEven if the Sole Administratorโs funding comes directly from the Presidency, it is still public money subject to legislative scrutiny.โ
The Senior Advocate warned that disregarding the House of Representativesโ summons would set a dangerous precedent, eroding democratic safeguards and potentially enabling unchecked executive overreach. Emergency powers must not become a veil for impunity, he cautioned. โNigeria is a constitutional democracy, not an executive dictatorship.โ
Ubani clarified that his position was not an endorsement of the Sole Administratorโs legitimacyโa matter he said only the courts could determineโbut a firm insistence on constitutional accountability. He urged the Sole Administrator to comply with the House Committeeโs invitation, framing it as a critical step in preserving democratic governance during crises.
โThe National Assemblyโs oversight is not a threat but a necessity,โ he concluded. In times of emergency, when executive powers are at their peak, legislative checks become even more vital to prevent abuse.
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