INEC refutes Rivers State Governor Siminalayi Fubara’s claims of selective election implementation, stating that pending court cases prevent filling vacant seats in the state’s House of Assembly.
The Independent National Electoral Commission (INEC) has strongly refuted claims made by the Governor of Rivers State, Siminalayi Fubara, regarding alleged selective implementation of elections to fill vacancies in the National and State Assembly. The electoral body clarified that it is legally constrained from conducting elections in the state due to ongoing court cases.
Governor Fubara had accused INEC of deliberately refusing to conduct elections to replace lawmakers who defected from their original political parties. His statement particularly referenced the ongoing crisis in the Rivers State House of Assembly, where two rival factions are battling for control. Amidst the conflict, three lawmakers reportedly declared the seats of 27 members vacant, while the affected lawmakers responded with similar actions against their opponents.
Fubara’s claims implied that INEC had shown bias in handling similar cases in other states while failing to act in Rivers State. However, the Commission, through a statement issued by Rotimi Oyekanmi, Chief Press Secretary to its Chairman, dismissed the allegations, explaining the legal complexities preventing immediate action.
INEC’s Legal Standpoint
In a statement signed by the Chief Press Secretary to the Chairman, Rotimi Oyekanmi, INEC emphasized that the situation in the Rivers State House of Assembly is currently before multiple courts, including the Supreme Court. Due to this, any attempt by the Commission to conduct fresh elections before judicial rulings are made could be rendered invalid.

“For the avoidance of doubt, the Commission has been joined in several suits filed by litigants at various courts, including the Supreme Court. Under the circumstances, the Commission must await the final judicial pronouncement on the matter before it embarks on a puerile exercise that may eventually amount to a nullity and a waste of public funds,” Oyekanmi stated.
This clarification highlights that INEC’s decision is not one of political bias but rather adherence to the rule of law. Conducting elections while court cases are pending could lead to legal complications and unnecessary financial costs.
In its response, INEC also urged political leaders, particularly those in high public offices, to be cautious with their public remarks to avoid misleading the public or undermining national institutions. “We urge people occupying high public offices to be circumspect in their public statements before they mislead the public and cast aspersion on public institutions, particularly where they are aware of the pendency of cases in court,” Oyekanmi added. This statement serves as a warning against politicizing electoral matters, especially when legal proceedings are still ongoing.
The conflict within the Rivers State House of Assembly has been ongoing for months, with factions loyal to Governor Fubara and former Governor Nyesom Wike locked in a power struggle. The division intensified when 27 lawmakers defected from the ruling party to the opposition, prompting legal battles over the legitimacy of their seats.
The crisis reached a boiling point when lawmakers on both sides claimed to have declared each other’s seats vacant, leading to uncertainty over legislative authority in the state. Governor Fubara has since maintained that INEC should conduct fresh elections to replace the affected lawmakers, while his rivals argue that the matter remains legally unresolved.

INEC’s decision to wait for court verdicts aligns with its constitutional mandate to conduct elections within legal boundaries. The Commission’s stance could set a precedent for handling similar cases in other states, reinforcing the need for judicial clarity before electoral actions are taken.
For Governor Fubara, the controversy adds to the growing political tension in Rivers State, where his administration continues to face opposition from a strong political faction aligned with his predecessor. The outcome of the ongoing court cases will ultimately determine the next steps for the Rivers State Assembly and INEC’s role in conducting fresh elections.
While Governor Fubara’s concerns about legislative vacancies in the Rivers State House of Assembly are valid, INEC has made it clear that its hands are tied due to pending legal proceedings. Until the courts deliver their final rulings, the Commission cannot conduct elections without risking legal invalidation.
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