𝗚𝗼𝘃𝗲𝗿𝗻𝗮𝗻𝗰𝗲 without legitimacy is a contradiction in terms (A Respectful rejoinder to Solad Ibas’ “I’m Laying Foundation For Good Governance In Rivers” Declaration)

By Sylvester Udemezue

MEMORY VERSE:
“Be you ever so high, the law is above you.”
~Hon Justice Chukwudifu Oputa

BACKGROUND:

In an interview, published by the Punch Newspapers on 20 May 2025, Vice Admiral Ibok-Ete Ibas (retd.), the Sole Administrator of Rivers State, emphasized his commitment to laying a solid foundation for good governance in the state. Appointed following the suspension of Governor Siminalayi Fubara amid a declared state of emergency, Ibas outlined his administration’s focus on restoring order, ensuring accountability, and implementing reforms aimed at long-term stability and development. He acknowledged the challenges inherent in his role but expressed determination to prioritize institutional integrity and public trust over short-term political gains. Ibas called for patience and cooperation from the citizens, assuring them that his administration’s efforts are geared toward creating a more transparent and effective governance structure in Rivers State.

MY COMMENT:

1. Mother of All Ironies: With the greatest respect, it is both troubling and ironic that Mr. Ibas, whose emergence as the so-called “Sole Administrator” of Rivers State stems from the unconstitutional suspension of a democratically elected governor, would now purport to be laying the foundation for “good governance.” This assertion, though politically convenient, is fundamentally flawed in both logic and law. One cannot purport to build good governance upon a foundation that is itself built on illegality, unconstitutionality, and usurpation. Governance without legitimacy is not just defective; it is a complete contradiction in terms.
2. The Rule of Law Is The Only True Foundation of Good Governance: Globally and constitutionally, the rule of law is universally acknowledged as the foundation of good governance. It is the condition that enables justice, fairness, transparency, and accountability in public administration. Without it, what we have is not governance, but a charade; a power grab masquerading as public service. As A.V. Dicey famously stated, the rule of law entails: (i) Supremacy of the law over arbitrary power; (ii). Equality of all persons before the law; (iii). Government authority derived from established legal frameworks. These principles are entrenched in Section 1(1) of the 1999 Constitution of Nigeria: “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”
3. Good Governance Does Not Emerge from Unconstitutionality and Illegality: Dear Mr. Ibas, good governance is not rhetoric. It is not found in press releases or hastily convened briefings and interviews. It is earned through legitimacy, constitutional compliance, and popular consent. Any claim to leadership that originates outside these boundaries is inherently void of moral and legal authority. The Supreme Court in Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, reminded us thus: “The Nigerian Constitution is founded on the rule of law… the rule of law presupposes that the State is subject to the law.” Similarly, in Fawehinmi v. Inspector-General of Police (2002) 7 NWLR (Pt. 767) 606, the court emphasized that “In a democracy, power is derived from the people and must be exercised in accordance with the law.” This is reaffirmed by Section 14(2)(a) of the Constitution which provides: “Sovereignty belongs to the people of Nigeria from whom government derives all its powers and authority.” Where then is your legitimacy, sir?
4. The Danger of Building on the Rubble of Lawlessness: You cannot break the law in the morning and claim to rebuild society in the afternoon. Power obtained outside the framework of the Constitution is not power; it is plunder in borrowed robes. True leadership begins with the lawful process. Anything else is a betrayal of democratic values and a dangerous precedent. This is why the call by several legal scholars, including in “Prelude To ‘Road To a State of Emergency in Rivers State…'” by Sylvester Udemezue (TheNigeriaLawyer, 2 April 2025), must be taken seriously. We are witnessing an erosion of constitutional order, and history will not look kindly on those who facilitated it under the guise of reform.
5. Good Governance Requires Legal and Institutional Order: Good governance is rooted in: (i) Accountability; (ii). Transparency; (iii). Participation; (iv). Equity and inclusiveness; (v). The Rule of law, among others. I discussed the elements of good governance in a scholarly paper: see: Sylvester C. Udemezue, “Role of Company Employees in Promoting Corporate Governance: A Comparative Analysis of the Approaches in Nigeria and the United Kingdom” (2020) 3(1), Redeemer’s University Law Journal (RUNLJ) 191-210. ISSN: 2636-6462. (Online links: https://ssrn.com/abstract=3907553 or http://dx.doi.org/10.2139/ssrn.3907553). These essentials of good governance cannot be faked or manufactured. Truth is, when the rule of law is absent, (i) public officials become unaccountable;(ii) citizens’ rights are trampled; (iii). corruption thrives; (iv). institutions crumble. On the other hand, where the rule of law is upheld, (i). power is exercised responsibly; (ii). elections are meaningful; (iii). reforms are credible; (iv). development is sustainable. As Kofi Annan rightly said, “The rule of law is not a slogan but a basic condition for democratic governance.” And as Justice Chukwudifu Oputa famously warned: “Be you ever so high, the law is above you.”

In conclusion, it’s respectfully submitted that in the absence of legitimacy, governance doesn’t exist. Thus, until we restore fidelity to constitutional principles and uphold the sovereignty of the people expressed through elections, all talk of laying foundations for good governance in Rivers State remains hollow, self-serving, and a direct affront to the Nigerian Constitution. The starting point of any legitimate governance is legality. Anything short of this is a usurpation, not administration.
Respectfully,
Sylvester Udemezue (Udems),
Proctor, The Reality Ministry of Truth, Law and Justice (TRM).
[email protected].
(20 May 2025)