Title: Open Letter to Chinda: Senate Flouting Constitution with Emergency Appointments Date Published: 16 June 2025 Description:  Legal scholar and constitutional law expert, Dr. Tonye Clinton Jaja, has called out the Nigerian Senate for what he describes as a “clear constitutional violation” over its recent confirmation of appointments made under the ongoing state of emergency in Rivers State.In an open letter addressed to Hon. Kingsley Chinda and the Rivers State Caucus in the National Assembly, Dr. Jaja defended Senator Seriake Dickson’s objection to the confirmation of appointments made by the Sole Administrator of Rivers State, arguing that the actions contravene Section 305 of the Nigerian Constitution and the Senate Standing Orders.The controversy erupted following the Senate President\'s move on June 12, 2025, to read out and move forward the President’s request to confirm appointments for statutory commissions in Rivers State, including the Rivers State Independent Electoral Commission (RSIEC).Dr. Jaja, who is a legislative drafting consultant and former Director of Legal Services at the National Assembly, listed seven major legal and procedural infractions allegedly committed by the Senate:1. Violation of Senate Order 138: He noted that the Senate’s joint sitting procedures do not include the reading or confirmation of appointments related to state emergencies. 2. Improper Exercise of Budgetary Powers: He said the Sole Administrator does not have the legal authority to present a state budget, as the Proclamation of Emergency Powers Act of 2015 does not confer such powers. 3. Illegal Long-Term Appointments: Jaja stressed that appointees with tenures exceeding six months, such as RSIEC members (with four-year terms), cannot be lawfully appointed by an administrator holding a six-month interim role. 4. Breach of Statutory Appointment Processes: He explained that since RSIEC is a creation of state law, its appointments must be approved by the Rivers State House of Assembly—not the National Assembly—unless the law is amended. 5. Contradiction of the Spirit of Section 305: He argued that the constitutional provision for a state of emergency is intended for short-term intervention, and the Senate’s prolonged use of emergency powers is unlawful. 6. Sub Judice Rule Ignored: Dr. Jaja reminded lawmakers that several appointees sacked by the Sole Administrator have pending litigation before the courts, and that under Senate Order 40, such matters should not be discussed until resolved. 7. Invalidation Under Legal Precedent: Citing Attorney-General of Bendel State vs. Attorney-General of the Federation (1981), Jaja concluded that the confirmation process is null and void due to procedural illegality. He urged Hon. Chinda and his caucus colleagues to review their stance and align with legal and constitutional standards, emphasizing the importance of defending democracy and due process.“The law must be our compass, not politics,” Jaja wrote.The open letter has stirred discussions within legal and political circles, with some calling for a halt to further actions on Rivers State under the current emergency framework, pending judicial clarity.The Rivers State political impasse, which led to the declaration of a state of emergency and the appointment of a Sole Administrator, continues to raise national debate on the limits of federal power in state governance.   Attached Images: f13e1c941bcd06b2cd002438f358c045c9b21ed98e27725b9ef5b3204917b26f.jpg Attached Video: None