With the announcement made by Vice Admiral (rtd) Ibok-Ete Ibas, the illegally installed Sole Administrator of Rivers State, concerning the preparation of the state’s 2025 budget, law teacher and one-time Chair of the National Human rights Commission (NHRC) Chidi Odinkalu has questioned legality of the attempt, pointing out that President Bola Tinubu gave an assurance that Ibas would not have legislative powers. .
Odinkalu, who made his comment on Twitter, formerly X wrote: “Remember that @officialABAT said that #IbokEte will not do Ibas – like he will not have power to make laws. So, now the man #IbokEte wants to Ibas, I guess they will find Nwinsch to do this budget that he wants to do?! This kweshan is for the folks in http://ndiara.com.”
President Tinubu said during his broadcast that Vice Admiral Ibas (rtd) would manage the state but would not have the power to make new laws. However, he will be allowed to formulate necessary regulations, subject to approval by the Federal Executive Council and the president.
“The Administrator will not make any new laws. He will, however, be free to formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state,” Tinubu clarified.
Unlike a democratic setting where a state governor can make new law through the state legislative arm, the sole administrator can only formulate regulations subject to the approval of the Federal Executive Council and the president.
Odinkalu’s remark challenges the authority of Ibas, who was appointed following a state of emergency declared by President Tinubu. The budget process, traditionally the domain of a legislative body, is now in question.
Ibas’s announcement followed a meeting with the Rivers State National Assembly caucus, where he discussed plans for an appropriation bill focusing on healthcare, education, agriculture, infrastructure, and job creation. He emphasized that the new budget would be transparent and inclusive, aiming for quick execution to benefit Rivers residents.
According to the retired Vice Admiral, “Since the Supreme Court verdict on the state’s budget, we have acted swiftly and decided to put together a new budget that reflects our commitment to healthcare, education, social services, and continued infrastructural development.” He also drummed up support from federal legislators to ensure its success.
Despite Ibas’s optimism, Odinkalu’s concerns cast a cloud over his authority, raising the question of whether Ibas’s role as sole administrator grants him the legal right to draft the budget. This could ignite further debate on the scope of his powers under the emergency declaration.
Senator Barinada Mpigi, leading the National Assembly delegation, voiced support for Ibas’s efforts, stressing that they were committed to helping bring peace and development to Rivers State. However, the legal and political implications of Ibas’s actions are likely to prompt scrutiny from experts and the public, especially concerning the budget process.
As the budget proposal progresses, Odinkalu’s pointed question could spark broader debate on Ibas’s authority and the constitutional limits of his role.
Additional report from Barristerng.com
