A civil society organisation, Save Democracy Vanguard, has petitioned the United Nations regarding the declaration of emergency rule in Rivers State.
In a letter addressed to the UN Secretary-General and signed by the group’s Executive Director, Dr. Ali Mohammed Ali, the organization described the situation in Rivers as a national emergency.
It accused the federal government of enabling what it termed the unlawful suspension of democratic governance in the oil-rich state.
The group warned that Nigeria’s democracy is “on the red line” and risks total collapse unless the international community intervenes promptly.
“This is no longer an internal matter. What we are witnessing in Nigeria, particularly in Rivers state, is a complete deviation from the democratic process. The international community must not look away while constitutional order is being dismantled with the silent backing of the federal authorities,” the letter reads.
“The installation of a sole administrator in place of elected officials and the removal of Governor Siminalayi Fubara without due process amount to a civilian coup and should be treated as such.
Save Democracy Vanguard described the actions in Rivers as setting a dangerous precedent that could destabilise the entire country if not addressed immediately.
“The declaration of a state of emergency in Rivers is an assault on the will of the people. A state that voted for its leaders now finds itself under the grip of a single individual with no mandate. The sole administrator, Ibok-Eket Ibas, has sacked local government officials and heads of government institutions in the state. This is a tragedy for democracy in Africa’s most populous nation.”
The group noted that the crisis in Rivers has triggered widespread protests, particularly among women who have taken to the streets to demand the reinstatement of Governor Fubara and the restoration of democratic rule.
“Our mothers, sisters, and daughters in Rivers are leading peaceful demonstrations daily. They are crying out for justice, for democracy, and for the return of their elected governor. They are not only defending Fubara but defending the principle that power belongs to the people,” the group added.
On the economic front, the group said the ongoing crisis has crippled the state and discouraged investment.
“Businesses are shutting down. Workers are afraid. Contractors have fled. The state’s economy is at a standstill. No investor wants to operate in a state where the rule of law is suspended, and the constitution is optional.
“We are calling on the UN and all lovers of democracy to step in immediately. Rivers is the latest victim. If nothing is done, this Rivers experiment will spread to other states and the country may collapse into anarchy. The people have done their part—now, the international community must not fail them,” the group said.
A major political crisis had emerged in Rivers State, with state legislators initiating impeachment proceedings against Governor Siminalayi Fubara and his deputy, Mrs Ngozi Odu over allegations of illegal budget practices and improper legislative appointments. Concurrently, incidents of pipeline vandalism, including a fire on the Trans Niger Pipeline, have disrupted oil production, raising national economic concerns. All these are part of the power tussle between the governor and his estranged godfather, Nyesom Wike who is currently the Federal Capital Territory (FCT) minister. To nip the crisis in the bud, President Bola Ahmed Tinubu declared a state of emergency in the oil-rich state, suspending all elected officials of the executive and legislative arms of government for six months, and appointing a sole administrator. With the next election cycle already around the corner, Deputy Political Editor RAYMOND MORDI and Assistant Editor EMMANUEL BADEJO examine the impact of this development on the political future of the principal actors.
After lingering for close to two years, the political crisis in Rivers State between Governor Siminalayi Fubara and his erstwhile godfather and predecessor in office, Nyesom Wike reached a boiling point last Monday when militants blew up the Trans-Niger Pipeline, one of the country’s highest-producing crude oil pipelines. According to Africa Report, an online publication, the oil flowing through the affected pipeline fetches around $14m daily at current prices. This development prompted President Bola Ahmed Tinubu to declare emergency rule in the oil-rich state, suspending Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all state House of Assembly members for six months.
President Tinubu declared the state of emergency to prevent the situation from escalating. Governor Fubara has been blamed for allegedly tele-guiding militants to blow up the facilities. Fubara and 27 lawmakers loyal to former governor and Federal Capital Territory (FCT), Nyesom Wike have been involved in a face-off that has heightened tension. Though the president brokered a peace deal between the two warring parties, the crisis escalated as the governor failed to adhere to the agreement. The Rivers governor did not help matters when he demolished the assembly complex, ostensibly to prevent the opposition lawmakers from sitting, after it was bombed on October 29, 2023.
Fubara also presented the 2024 budget before four legislators loyal to him, stating that the pro-Wike lawmakers had defected from the ruling People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, a Rivers State High Court ruled that the 27 lawmakers remained valid members of the PDP. On February 28, 2025, the Supreme Court affirmed the judgments of the Court of Appeal and the Federal High Court, both in Abuja, which had earlier declared the acts against the 27 members as unlawful and illegal.
Affirming the judgment, the Supreme Court ordered the CBN and the AGF to stop further release of financial allocations to the Rivers State Government with immediate effect. The apex court directed that the order shall be in force until Fubara stopped all his illegal, unlawful, and unconstitutional activities. Specifically, the court said that no money shall be released to the state government until a lawful Appropriation Law is enacted under Amaewhule as the speaker.
The appointment of an administrator, Vice Admiral Ibok-Ete Ibas (rtd), marks a temporary end to Fubara’s governorship. There may be significant political and legal fireworks in the coming days, to challenge the legitimacy of the declaration. Governor Fubara has already reacted to his suspension, the day after, hinting that he would adhere to the rule of law in the matter. He assured that the situation would be handled with wisdom, patience, and faith in the democratic process. After initially disappearing from the Government House and remaining incommunicado, the governor issued a statement blaming the current situation in the oil-rich state on the 27 lawmakers loyal to his estranged godfather and predecessor, Nyesom Wike, who is the current Minister of the Federal Capital Territory (FCT).
The state of emergency portends changes for the key South-south state. The initial six months of emergency rule will elapse in September, with the possibility of it being extended, if the crisis persists. But, observers are looking beyond the six months of emergency rule. This development would affect the fortunes of the key actors in the crisis ahead of preparations for the 2027 general election, which will commence next year. Tinubu ushered in the emergency rule to restore order and address acute security and governance challenges, such as pipeline vandalism and the prolonged political crisis. However, several political analysts and critics have noted that by suspending the elected governor and legislature, the move may also be seen as a way to preserve a controlled political environment—a status quo—that could favour specific interests as the 2027 general election approaches. In other words, while the stated purpose is to stabilize the state in a crisis, many observers argue that maintaining the status quo may be a secondary objective to manage the political landscape ahead of upcoming electoral preparations. Whether one accepts that interpretation depends on which aspects of the crisis and subsequent federal intervention one emphasizes.
The principal actors include Fubara and his core loyalists in the PDP, Wike, state lawmakers led by Amaewhule, federal lawmakers from the state, and prominent politicians. The crisis has divided the people in Rivers and the country in general, as they sympathize with one group or the other.
Rivers PDP, the biggest loser
Given the crisis rocking the main opposition party and its inability or unwillingness to take disciplinary action against those accused of destabilizing it like Wike, it may be the biggest loser in Rivers State, which has been under its control since the return to civil rule in 1999. The PDP narrative is that the emergency rule was politically motivated to weaken the party’s control ahead of future elections. If one agrees with this view, the PDP may eventually bear the brunt of the crisis by losing its foothold in Rivers.
Already, Wike appears to be succeeding in destabilizing the party through his loyalists in strategic positions. The party needs to build a strong case for its return to power in the oil-rich state in future elections, after the exit of Wike and his associates, probably after the 2027 elections. The party will have to consider how it can regain the trust of Rivers State voters if the new governing party is seen as favourable. If the Wike camp decides to use the PDP platform for the 2027 general election in Rivers, the only option open to loyalists of the Atiku Abubakar-led PDP may opt for another party. In that scenario, they must choose a strong candidate, and leverage the core PDP’s existing support base to fight the APC/Wike camp masquerading as the umbrella party.
In essence, the Rivers PDP chapter is entering a period of significant turbulence. Its next steps will depend on how it navigates the legal, political, and public challenges posed by the state of emergency.
In the next general elections, Rivers State is likely to be retained by Wike’s PDP or Wike’s APC as the case may be because the FCT minister has one leg in the main opposition (PDP) and another in the ruling party at the centre. He may eventually join the APC because he has virtually killed the PDP as a national party and is not likely to return fully to the fold. Observers believe once Wike succeeds in bringing in a more amenable successor to take over as Rivers governor, he and the new helmsman would move into the APC seamlessly, with state and federal lawmakers and other major stakeholders.
Former governor and Minister of Transportation, Chibuike Rotimi Amaechi, and his faction of the APC are likely to inherit whatever is left in Rivers PDP after the exit of Wike, his associates, and supporters.
Mixed fortunes for Fubara
For Fubara, the six months of emergency rule was a blessing in disguise because he had been boxed into a corner and could have been impeached alongside his deputy. At least, with the six months of respite provided by the current state of emergency, he may succeed in completing his tenure. Thereby, he would go down in history as a former governor of the state and enjoy all the fringe benefits attached to his position as a former governor.
In an interview with our reporter, Abiodun Olaleru, a Senior Advocate of Nigeria (SAN), agrees that Fubara may have escaped the impeachment. Olaleru, Principal Partner of Headwaters Chambers said the impeachment proceedings against the governor and his deputy may not continue after emergency rule. He told our reporter over the telephone: “I doubt if the impeachment process will still be valid after the emergency rule. I heard over the news that President Bola Ahmed Tinubu has constituted an elders’ council to intervene and resolve their differences. If that happens and warring parties can agree, will there be a need for any improvement again? From the look of things, this one may not succeed, though impeachment is a legislative business. I do not see this coming to fulfillment.”
Lawyer and editor of the Nigerian Weekly Law Report, Oluwole Kehinde concurs with Olaleru. Kehinde, the principal partner of OKC Attorneys, said the impeachment would expire by the time Fubara returns to power after the emergency rule is over. He said: “The notice is also gone. All the period specified by the constitution for the notice to have remained in force would have expired by the end of the emergency rule.”
On the Supreme Court judgment, which is yet to be implemented before the governor was shoved aside, Olaleru (SAN) said an emergency rule could never annul the court’s judgment. He said while the emergency regime was a specified period, the Supreme Court’s verdict would last forever. He said the Supreme Court verdict would still subsist after the emergency rule. His words: “The Supreme Court’s verdict remains and nothing can change it. An emergency rule will last for a while but the law remains and it will be forever. The judgment is valid for all times.”
So, this period of emergency rule is a sort of transition out of power for him because he is not likely to get a second term. This is more so if the emergency rule is extended beyond the initial six months. A close associate of Fubara said Wike had given the governor three conditions for peace to reign. One, he must sign an agreement conceding he would not seek a second term; two, must hand off the party’s local government structure; and finally must deliver N400 billion monthly to the FCT minister. He said the governor’s reluctance to accept the conditions is the cause of their disagreement.
Another source in Port Harcourt told this reporter that the emergency rule may be extended to maintain the status quo if there is no truce between the warring parties within the first six months. His words: “The lingering crisis is not likely to end; I foresee a situation where the current state of emergency would be extended after the initial six months. If that happens, the termination of the emergency rule would coincide with the commencement of electioneering activities next year.
“The likelihood is that Rivers would have a fresh beginning politically, as Fubara is not likely to return for a second term. I don’t see him contesting on the platform of any of the political parties; gradually he will lose the support of those around him because they will desert him to look out for their future. There is no way he can sustain their patronage and they are likely to start charting a new political future without Fubara because there would be no money to retain them. The politics of money is what we play here.
“Wike, the godfather of Rivers politics, has the upper hand because the intelligence we are getting is that even this new administrator that is coming is his friend. The first moves he takes would help us understand where his interest lies. This is the end for Fubara. Nevertheless, the state of emergency declared by the president has also saved him from impeachment because he could have been impeached in the coming days. With this state of emergency, he will just remain a suspended governor whose tenure would gradually elapse. He would thereby remain in history as a former governor of Rivers State.”
The Port Harcourt source said Fubara did not manage the crisis between him and Wike well, otherwise he would have been in a better position today in Rivers politics. He said: “While Fubara was trying to capitalize on the situation to become popular, things kept happening to distract him and he could not manage such distractions. Rivers stakeholders are playing politics of monetary interest and in the process of their intervention, they do not often give him the best advice. Most of them, as we speak now, may have started reaching out to Wike and his people because they know that Fubara is not coming back; six months is a long time to be out of power.”
Many independent observers say Governor Fubara displayed a lot of naivety in handling the crisis. He played into the hands of those who did not want him at the helm of affairs. As a result, his tenure as Rivers State governor appears to be coming to an end. With the benefit of hindsight, he has shown that he is not a politician, because he lacks the nuances to survive in a volatile political environment like Rivers, where money dictates the pace.
The source said the governor lacks negotiation skills and does not seem to have a mind of his own because he is being tossed here and there by his so-called advisers. “He would make a policy statement today based on advice by one of his loyal groups only to reverse it the next day because another group opposed his earlier position,” he added.
Besides, Fubara is a governor without a party. He is only a PDP stalwart by name and does not enjoy the support of the party’s Rivers State leadership. He only relies on the support of some loyalists who do not have any say, like him, in the party’s leadership.
This is why some of his loyalists defected to the All People’s Party (APP) to contest the recent botched local government election. Thus, even if Fubara decides to defect to the APP and use it as a platform for his second term, he is not likely to succeed because the party does not have a strong base in Rivers, like elsewhere in the country. With the court ruling that there was no local government election, the APP is as good as dead in Rivers.
Fubara failed to take advantage of the opportunity provided when President Tinubu intervened to broker peace between him and Wike. He must have regretted not following up on the peace deal. One of the terms of the agreement that he did not implement that has come to haunt him was the representation of the budget before the Martins Amaewhule-led 27 lawmakers loyal to Wike. In honour of the agreement, the governor tried to bring back the commissioners who resigned and the lawmakers withdrew the impeachment notice that had been served on him. However, the only key aspect of the peace deal remaining was to represent the budget; everybody was waiting for him to make the move but he eventually reneged on the agreement.
Observers believe Fubara was misled to stop the implementation of the Tinubu-brokered agreement. The hangers-on around the governor felt it would be demeaning for him to go crawling before the Wike-backed lawmakers to sign the budget because in their opinion the agreement was only a political solution and not constitutionally backed. The Fubara camp even went to court against President Tinubu concerning the botched peace deal.
Had the governor mended fences with the Amaewhule-led lawmakers, it might have been a different story today.
Wike holds the aces
Though Wike and his loyalists have been denied the pleasure of seeing Fubara impeached, they still hold all the aces because they control the party’s structure in the state. The emergency rule is meant to maintain the status quo in a volatile environment till preparations for the next general election begin.
Fubara’s emergence and the crisis it engendered may have reduced Wike’s popularity in Rivers politics and the country in general because most people inside and outside the state saw him as the villain and the governor as the victim. At the outset, most people, particularly the masses, were behind the governor because they felt Wike was oppressing him.
Be that as it may, if an election is held in Rivers today, Wike and his associates may still have their way because the minister is still in control of the PDP structure and part of that of the APC. Despite the question mark on his credibility, arising from the political tussle between him and Governor Fubara, the FCT minister still calls the shots because he has the men on the ground at the grassroots and the money to oil his political machinery. He would fly from Abuja for weekend events in Rivers, with all his loyalists in attendance. He is a man who has perfected how to sustain his hold on power outside the Government House in Port Harcourt, the Rivers State capital. His core loyalists, it is said, have been assisting him to oil his political machinery by reaching out to their subordinates in turn regularly.
Observers say the bombing of oil pipelines would not likely continue. This is not just because of the heavy deployment of soldiers to the state to preempt such attacks but also because the militants would be starved of funds to continue their operations. The attacks on pipelines are usually funded and the so-called retired militants are doing it because of money. Once the money is no longer flowing to sponsor such operations, it will gradually fizzle out. So, the attack on pipelines is not likely to continue, otherwise it would have continued even after President Tinubu’s broadcast.
The rift between the two leaders has divided Rivers elders, with different groups backing Wike or Fubara. Many of them, it is said, are still behind Wike, while others support Fubara. Interestingly, many elders supporting Fubara were never on good terms with the FCT minister even before Fubara emerged as governor. They were in the political wilderness when Wike was serving as governor and saw the opportunity to get back at the former governor when he fell out with Fubara.
For instance, the relationship between former Governor Peter Odili and Wike was cordial before the Wike/Fubara crisis. Odili was Wike’s loyalist and a man the FCT minister respected. Odili played a crucial role in the emergence of the Fubara/Ngozi Odu ticket during the last general election. Wike produced the governor, while Odili produced the deputy. After the disagreement between the governor and his predecessor broke out, Odili took sides with the former by making some negative remarks against the latter. At that point, it became obvious they had fallen apart. That was why Deputy Governor Ngozi Odu was joined in the recent impeachment notice served on Governor Fubara, to wipe out traces of Odili in the corridors of power.
Being out of the state house, albeit for six months or more, would no longer be a familiar experience for Fubara. It was through access to state funds he secured the patronage and loyalty of many elders backing him now. Suddenly deprived of the opulence and splendour of the state house, he may face political isolation, as he would no longer be able to influence political events outside the state house. With Fubara’s suspension, the Federal Government will have direct control over governance and the state’s resources, through the appointed military administrator.
No prospects of reconciliation
The crisis has been allowed to fester for too long, beyond the point where both parties can still reconcile. The agreement brokered by Tinubu presented the governor the best opportunity to reconcile with Wike but he did not capitalize on it. After that window closed, both parties went into multiple litigations that further compounded the crisis.
Meanwhile, while the litigations were ongoing, there were also efforts by other stakeholders such as the Pan Niger Delta Development Forum (PANDEF) to intervene and reconcile the two parties but it was to no avail. The Wike camp perhaps saw the handwriting on the wall and placed all their hopes in the judiciary by following it up to the Supreme Court. Another opportunity for reconciliation opened when the Supreme Court annulled the local government election and asked Governor Fubara to represent the 2025 appropriation bill to the Wike-backed lawmakers. As a follow-up, the lawmakers gave the governor 48 hours to comply with the Supreme Court judgment.
But the governor decided to buy time by insisting that he was yet to see the certified true copy of the judgment. Meanwhile, even though he was yet to receive the CTC, he went ahead after the judgment to dissolve local government area governing councils, including their chairmen. After the expiration of the 48-hour ultimatum, members of the House of Assembly issued him another directive to sack the 19 persons he was parading as his commissioners because they were not screened and confirmed by the House. In addition, the lawmakers extended the time frame for him to represent the budget. But, somehow, they could not find a common ground for settlement.
Close watchers of the disagreement believe that the governor ought to have capitalized on the opportunity presented by the Supreme Court judgment to make peace. Our source added: “Knowing that the Supreme Court has hit him below the belt, Fubara should have visited – whether nocturnal or by the daytime – one of those respected elders close to the Wike camp; and those were the elders that convinced Wike to make him governor. The elders are O.C.J Okocha, Chief Ferdinand Alabraba, and Sergeant Chidi Awuse. These were ‘the three wise men’ who convinced Wike to pick Fubara as governor. After the judgment, people expected him to go and beg these elders who would in turn beg Wike and his associates to give peace a chance by offering him a soft landing to come and present the budget. But, rather, Fubara towed a different path, by being intransigent.
“If President Tinubu had not acted by declaring a state of emergency, two things with disastrous consequences would have happened: one, by the end of this month (March), all civil servants in the state would not be paid, contractors would not get their money because the allocation from the Federation Account would have been stopped. This would have resulted in tension in the state and possibly violent protests. Secondly, Fubara would have been impeached and the impeachment could have also led to open and violent confrontation between the two camps. They could adopt assassination, burning of their opponents’ houses or using missiles to advance their cause.”
But Tinubu’s intervention by declaring emergency rule in the state has nipped the whole thing in the bud. The Federal Government has said the state’s withheld federal allocation would be released to the new administrator if he asks for it. Wenenba Wali, national leader of Unity House Foundation, Port Harcourt, Rivers State, said the first ask before the new sole administrator is to calm frayed nerves by restoring law and order in the state. He said Rivers State was in a situation that required some extraordinary measures to get it back on track. He said if it is true that the state’s allocations are going to be released, it will help to calm down frayed nerves in the sense that civil servants can be paid their salaries at the end of the month.
On the political front, Wali said the administrator’s appointment is a stop-gap measure to bring down the political temperature in River State. He added: “I’ve not seen any security challenges on the streets of Port Harcourt, but what I know is that the tension is as thick as anything you can imagine and nobody can reasonably say in what direction it would explode; it could be an implosion or an explosion. So, taking a preemptive step as the president has done is not bad but there has to be some legitimacy to it; that is what most people are quarreling with.”
As the leadership crisis rocking Rivers State escalated into the destruction of vital oil and gas infrastructure amid looming impeachment threats against Governor Siminalayi Fubara and his deputy Ngozi Odu, President Bola Tinubu wielded the big stick last Tuesday imposing a state of emergency on the oil rich state. He suspended the governor, his deputy and the inflexible state House of Assembly for a period of six months, and appointed former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas (rtd), as the administrator of the state. Following his inauguration on Wednesday, Ibas has begun the critical assignment. The ex-Naval chief has his job cut out for him. He has been called out of retirement to take charge of the affairs of the state and return Rivers to normalcy within six months. This is not a mean task. The retired Vice Admiral will have to summon all his courage as a soldier and be at his wits’ end to restore order and normalcy.
Expectedly, the declaration of emergency rule on Rivers sparked debate. It elicited criticisms from opposition elements, including the Peoples Democratic Party, and a motley crowd of disgruntled politicians being put together as a coalition group by former Vice President Atiku Abubakar. Being opposition politicians that they are, they failed to see the wisdom in President Tinubu acting promptly to save the state and the national economic infrastructure in Rivers. Though many know they are out to promote self-interests, they claim, however, that their grouse is the suspension of the governor, his deputy and the state assembly, contending that the President lacks such powers.
Section 305 of the 1999 Constitution, as amended, which is the operative provision for the declaration of a state of emergency, to be fair, is silent on the fate of the governor in the face of emergency declaration.
Notably, the precedent set in our clime with respect to the fate of the governor during emergency rule is varied. When former President Olusegun Obasanjo imposed emergency rule on Plateau State in May 2004 following a surge in ethno-religious violence that led to widespread killings and destruction, he suspended then Governor Joshua Dariye and the state assembly for six months, and appointed Major-General Chris Alli (rtd) as administrator to restore order in the state. The same thing happened in Ekiti two years later when the state was engulfed in a protracted political crisis. President Obasanjo suspended then Governor Ayo Fayose, his deputy Mrs. Biodun Olujinmi, the state House of Assembly as well as Hon. Friday Aderemi, the then Speaker of the legislature who was claiming to be acting governor. He appointed retired Brigadier General Tunji Olurin to administer the affairs of the state and maintain security for the next six months.
In the case of former President Goodluck Jonathan, he declared emergency rule in selected local governments most impacted by Boko Haram terrorist attacks in Borno, Adamawa and Yobe States in 2013 without upending the political and democratic structures in the affected three states. President Jonathan also retained the chairmen in the impacted local government areas. Jonathan might have spared the three governors then and their houses of assembly because the emergency rule declared in the three states was limited to the most-impacted councils.
Regarding Plateau State emergency proclamation, the Supreme Court that would have set a clear precedent in the matter failed to determine the constitutionality or otherwise of the dissolution of democratic structures on the grounds that the suit was procedurally incompetent because it was instituted at the time by the suspended legislators in the name of Plateau without the authorisation of the state.
Some legal minds have referred to the Emergency Powers Act of 1961, which though no longer in use in the country but which provided justification for the dissolution of democratic structures and suspension of the fundamental human rights when emergency rule was declared on the Western Region in 1962 by the late Tafawa Balewa Government. It was in respect of two cases, namely Adegbenro vs. Attorney-General of the Federation (1962) NLR 338 and F.R.A.Williams vs Dr. M.A. Majekodunmi (1962) NLR 328, where the apex court in its judgment validated the Emergency Powers Act 1961 to justify the dissolution.
The logic in the Supreme Court verdict in the matter of Plateau State emergency proclamation is unquestionable going by the argument of legal icon Professor Koyinsola Ajayi (SAN), who spoke on Arise Television last Wednesday. According to him, “the justices of the Supreme Court in that judgement were of the view that they were never eager to review the decision of the President when confronted with a present and imminent danger to lives and property and acted to restore public order and public safety.”
Beyond the legal rigmarole, it would appear that what is germane in determining what happens to the democratic structures in a state during emergency rule period is the circumstance or situation in the state, the magnitude of the threat to public order and security of citizens and property in such a state. After all, no one remembers the provision of the law in an atmosphere of violence and disorder.
Attorney-General of the Federation and Minister of Justice Lateef Fagbemi (SAN) put the matter succinctly when he fielded questions from State House Correspondents on Wednesday. He said: “The government stands on the tripod: the Executive, the Legislature, and the Judiciary, and you (the governor) have made the functioning of government impossible. It is not enough for the Executive, to say, we are spending money, even the money you want to spend, the State Assembly must have appropriated it. These are some of the findings that the Supreme Court made. And at the end of the day, the Supreme Court said, or came to a decision, that the governor’s behaviour was like a despot, and that as the situation was, there was no government in Rivers. If there was no government in Rivers, what would we be looking for?”
Fubara overreached and outplayed himself. He got carried away by the sentimental support he enjoys, and not strategy. He felt that violence would give him what he threw away by not stooping low to win. When some militants issued threats to destroy oil pipelines and other critical infrastructure, the governor failed to dissuade them. In fact, he had said openly that he would tell the people when to act. And a week after, some oil installations went up in flames. No one needs a soothsayer to understand what enabled the destruction. The governor also prevented 27 lawmakers from performing their work and even demolished the state assembly complex. He moved the four lawmakers loyal to him to the Government House, where they usurped the legislative functions of the 32-member assembly.
Declaring emergency rule on Rivers, President Tinubu had said, among other things, in his address: “Some militants had threatened fire and brimstone against their perceived enemy of the governor who has up till now not disowned them. Apart from that, both the House and the governor have not been able to work together. Both of them do not realise that they are in office to work together for the peace and good governance of the state.”
Those criticising the declaration of emergency rule in Rivers on the grounds that President Tinubu, while in opposition, strongly condemned the emergency declaration by former President Jonathan in Adamawa, Borno and Yobe states conveniently forgot to mention Tinubu’s opposition to former Edo State Governor Godwin Obaseki who muscled the state assembly and particularly refused to inaugurate the 14 lawmakers who were duly elected by their constituents till the end of his tenure. Tinubu called out Obaseki, labeling him a despot who emasculated the legislature, which is pivotal to the functioning of democracy, the same way he has condemned Governor Fubara.
Again, the National Assembly, particularly the House of Representatives, has added democratic components to the emergency proclamation by announcing regular oversight on the work of the administrator and the National Assembly performing the law-making functions of the Rivers State Assembly as provided for in the constitution. The emergency declaration also helped to save Fubara, despite his imprudence, from the seemingly-imminent impeachment, which would have taken him out completely for the duration of his tenure and rendered him ineligible for any election going forward.
In the final analysis, the President has demonstrated courage and exemplary leadership by acting to save the nation from what would have adversely affected her economic fortunes and reverse the gains already made. Oil production, which some years ago went as low 900, 000 bpd, is today hovering around 1.6 million bpd. Important governmental initiatives such as NELFUND for indigent students and CREDICORP, vital infrastructure projects being embarked upon by the government like road networks as well as monthly hefty receipts by state governors from the federal allocation accounts would have all been imperilled if the President had delayed taking that decisive action.
What is required now, in my view, is for political stakeholders in the country, particularly Niger Delta leaders, to rally round, rein in the feuding parties – suspended Governor Fubara, the Minister of the Federal Capital Territory Nyesom Wike and the state House of Assembly members – and ensure a quick return to normalcy in Rivers State and a final resolution of the political crisis. The National Assembly has moved to take an important step in this direction by indicating it would set up a body of eminent leaders to help resolve the crisis among the contending parties and return the state to the path of peace and tranquillity. The federal lawmakers deserve commendation for acting expeditiously to approve the emergency declaration and for their resolve to ensure a quick resolution of the crisis.
*Rahman is Senior Special Assistant to President Tinubu on Media, Publicity & Special Duties.
Two Senior Advocates of Nigeria (SANs) and a professor of law disagreed yesterday on the declaration of a state of emergency in Rivers State.
Eminent lawyer Dr. Wahab Shittu argued that the president acted in the overall interest of the country.
He said: “Law and order is central to democratic governance, and the situation in Rivers State was getting out of hand. A threat to security anywhere is a threat to security everywhere.
“The president as the chief security of the country has a responsibility to deliver peace and security in any part of the country.”
But, another SAN, Kunle Edun, argued that the President lacked the powers.
He said: “The provisions of Section 305 relied upon by President Tinubu do not empower the President to remove or suspend elected state officials.
“Section 305(3) of the Constitution prescribed the grounds upon which a State of Emergency can be declared and none of the reasons alluded to by the President justifies the declaration of a state of emergency in Rivers State.
“As a matter of fact, under Section 305(4), the governor of a state, supported by a resolution of 2/3 majority of the members of the House of Assembly, may request the President to declare a state of emergency on any part of the state.
“The Supreme Court has already settled the issues causing the crisis in the state and the House of Assembly had started sitting.
“Governor Fubara was at the House of Assembly complex to present the 2025 budget in response to the demand of the Rivers’ State House of Assembly.
“So, Mr. President was very wrong to say that there was no longer a functional government in Rivers State simply because the House of Assembly complex was demolished.
“Furthermore, the Constitution has already provided remedial provisions to take care of situations where a House of Assembly is unable to perform its Legislative functions.
“Section 11(4) of the Constitution provides that at any time when a House of Assembly is unable to perform its functions by reason of situations prevailing in that State, the National Assembly may make law for the peace, order and good government of that state with respect to matters which the House of Assembly have power to make laws until such a time when the House is able to resume its functions.
“The proviso to Section 11(4) is very apposite to understand the limitations of the power of the President.
“The proviso provides that the intervention of the National Assembly by virtue of its powers under section 11(4) shall not confer on the National Assembly the power to remove the governor or deputy governor of the state.
“Therefore, the Constitution is clear that there is no power conferred on any authority to remove or suspend a governor, the deputy or the House of Assembly of a state during a period of State of Emergency.
“As a matter of fact and clear law, the President violated his oath of allegiance to protect, defend and abide by the provisions of the Constitution.
“A state House of Assembly cannot be suspended by the President.
“Rather, it is the National Assembly that has the constitutional power to take over the legislative functions of the State.
“Therefore, the Constitution did not envisage a situation where a State will be without a legislature at any time.”
For professor of law Sam Erugo, the declaration is in order given the circumstances.
Erugo said: “It is obvious there is a breakdown of law and order in the state.
“However, the situation could have been contained before it got to this point by the presidency.”
Lawyer and Executive Director Cadrell Advocacy Centre, Evans Ufeli, agreed, noting that the political tension and crisis in Rivers State has reached a state of “clear and present danger” which represents the ground for drastic action.
He said: “The action is, however, not completed; the President has published same in the Official Gazette containing a proclamation and transmitted it to the National Assembly in compliance with section 305 of the 1999 constitution as amended.
“The National Assembly must within two days act on same by giving its concurrence to it before the process can become valid in the eyes of the law.
“A state of emergency is more like an equitable remedy targeted at restoring peace to a country or any part thereof in the face of a clear and present danger.
“The purpose of this is both preventive and curative, largely for the continuous peaceful habitation of a nation, to restore peace and tranquillity in times of chaos and promote regular and peaceful co-existence of all states and nations of Nigeria.
“The President suspended the State House of Assembly together with the governor and that is controversial because same can be challenged.
“I am not a fan of the Rivers State House of Assembly but there’s an overreach there. Can the President suspend the State House of Assembly? The days to come will tell.”
