The swearing-in of Rivers state governor-elect, Nyesom Wike by Bayelsa's chief justice breaks Nigeria's constitution, according to Lagos-based constitutional lawyer, Jiti Ogunye.

In a Premium Times report, he says the Attorney General of the Federation, Mohammed Adoke, has no powers to direct the Bayelsa State Chief Judge, Kate Abiri, to administer oaths to Rivers State Governor-elect.

“Administering the oaths is the exclusive business of the Judiciary. The AGF is a lawyer, no doubt, but he functions in the Federal Executive branch of the government,” Mr. Ogunye said.

“In order to avoid the subversion of the principles of separation of powers and checks and balances, carefully and deliberately grafted into the Nigerian Constitution, the AGF must avoid giving patently illegal directives to the heads of the judiciary to perform their duties.

“Any such directive is constitutionally baseless and politically reckless.”

To avoid the looming constitutional crisis in the state due to the absence of a substantive chief judge, Mr. Ogunye said the AGF could send a petition to the National Judicial Council, NJC, to issue appropriate directive to cause the swearing in of the new governor.

Alternatively, he said, the AGF could file an originating summons in the Supreme Court against the Attorney-General of Rivers State and those of the other states in the Federation, formulating relevant questions and requesting for reliefs that would strengthen the rule of law and grow constitutional jurisprudence in the country.

He noted that any attempt by Mr. Adoke to command a chief judge of a contiguous state or of any state in the Federation to swear in Mr. Wike would tantamount to meddlesomeness in the affairs of Rivers State.

However, Lagos-based lawyer, Festus Keyamo, had on Monday argued that the AGF is right in directing Mrs. Abiri, to administer the oath of office to the governor-elect of Rivers State.