Tag: Rivers State of Emergency

  • Imagine Rivers State without a State of Emergency

    Imagine Rivers State without a State of Emergency

    By Bayo Onanuga

    Imagine a Rivers State where President Bola Ahmed Tinubu hesitated to declare a state of emergency. The political standoff between the State Assembly and Governor Siminalayi Fubara could have continued and degenerated into violence. 

    Impeachment threats might have spurred attacks on lawmakers by the governor’s supporters, while militants in the creeks—primed to sabotage critical oil infrastructure—could have plunged Nigeria’s oil production back to pre-2023 lows. Sensational reporting of the crisis by journalists and opportunistic litigation would have inflamed tensions further, paralysing governance and risking lives. 

    Schools and hospitals would shutter; investors would flee. We can only imagine the human and economic toll. 

    Today, thanks to the president’s intervention, Rivers State can breathe again. Political tensions have eased, banal headlines have quietened, and stakeholders—encouraged by the newly-appointed administrator—are charting a path to lasting peace. Critics who argue the crisis “did not yet warrant” emergency rule ignore a stark truth: waiting for the breakdown of law and order to escalate into anarchy before acting is like withholding firefighters until a house burns to ashes. 

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    A responsible leader like President Tinubu, who swore an oath to protect the constitution and corporate existence of the country, can not fail to act when a constituent part of the Federation is careering towards the precipice. The political crisis in Rivers State between Governor Siminalayi Fubara and members of the State House of Assembly who owe allegiance to the Minister of Federal Capital Territory, Nyesom Wike, that blew open barely six months into the administration of the Governor has degenerated by 18 March. 

    A chain of events since the war of attrition started 14 months ago among the combatants had indeed paralysed the government of Rivers State to the point where Fubara, copying from the bad book of former Governor Obaseki in Edo, emasculated an arm of government entirely. This reality informed the Supreme Court’s damning verdict about the absence of government in the State as enshrined in the 1999 constitution of Nigeria, as amended. The court also excoriated Fubara for acting like a despot.

    Rivers was in a grave situation, as the combatants refused to allow reason to prevail, even after the Supreme Court judgment, before President Tinubu declared a state of emergency on 18 March. The President took action in the best interest of the people of the State, who had become victims of the warring politicians, the people they elected to serve them. President Tinubu needed to act. He chose prevention over cure.

    Section 305 of Nigeria’s Constitution empowers the President to act when the nation faces a breakdown of law, order, and economic security —precisely the case in Rivers, a bastion of Nigeria’s oil-dependent economy. Intelligence confirmed militants, told by Fubara to await signals, were already targeting pipelines, risking a collapse in output and a Niger-Delta domino effect. Historical precedents, such as the past emergencies in Plateau and Borno and the doctrine of necessity, support the President’s proactive measures to avert disaster. 

    The President’s oath demands he must not fail in his sacred duty to safeguard national stability, not watch idly as partisan strife strangles our democracy and the material well-being of Nigerians, whose prosperity depends on the social and economic interdependence of every part of the country. Rivers State is a significant hydrocarbon economic artery in Nigeria, and any dislocation and politically motivated disruption of the oil industry in the state will have ripple effects on the national economy.

    Answering the Critics: 

    Critics claim the emergency rule in Rivers undermines democracy. Their position misrepresents reality. The intervention is temporary, surgical, and aimed at restoring—not replacing—democratic institutions. The suspension of political actors for six months is no power grab; it is not a permanent removal but a reset to disarm warring factions. Notably, the same critics who assailed the President’s action for suspending the political actors remain silent on Governor Fubara’s refusal to collaborate with the legislature, exposing their partisan bias. Democracy can not thrive amid lawlessness—anarchy is its antithesis.

    The appointed administrator, Vice Admiral Ibok Ibas (Rtd.), has already convened a meeting with traditional leaders in the State as one of his first steps to forge lasting solutions. This intervention ensures Rivers’ people retain their democratic rights while shielding the Nigerian and Rivers State economies from collapse. It is worth repeating that President Tinubu acted within the law and his executive powers under the constitution until the  Supreme Court says otherwise. 

    President Tinubu and the National Assembly remain committed to lifting the emergency once stability returns and also ensuring elected officials resume their duties.

    The 18th-century English philosopher Edmund Burke once warned, “The only thing necessary for evil to triumph is for good men to do nothing.” President Tinubu chose courage over complacency. His action prioritised Nigeria’s interest over political expediency, averting a more profound crisis. To those who brand him a democrat turned “tyrant,” my response to them is simple:  Which democracy prospers in chaos? Rivers’ newfound calm vindicates President Tinubu’s resolve. He deserves commendation, not condemnation, not calumny for his statesmanship. Rivers and Nigeria are safer for it.

    – Onanuga is the Special Adviser to President Tinubu on Information and Strategy

  • The Rivers state of emergency

    The Rivers state of emergency

    In a national broadcast on 18 March, 2025, President Bola Ahmed Tinubu, exercising the powers conferred on him by Section 305 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, declared a state of emergency in Rivers State to resolve the political logjam in the state arising from the feud between Governor Siminalayi Fubara and the Rivers State House of Assembly. The crisis had led to the demolition of the House of Assembly complex, the running of the state with only four or three legislators loyal to the Governor and the seizure of the salaries and entitlements of the 27 lawmakers whom he believed were disloyal to him and could impeach him. The terms of the state of emergency included the suspension for six months of Governor Fubara, his Deputy Governor (Mrs. Ngozi Odu) and the elected members of the House of Assembly and the nomination of an Administrator (Vice-Admiral Ibok-Ete Ibas) to run the affairs of the state during the period.

    The President referred to the Supreme Court judgement of 28 February, 2025, which observed: “a government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution as amended. In this case the head of the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot. As it is there is no government in Rivers State.” He also noted: “The Supreme Court then made some orders to restore the state to immediate constitutional democracy.” Still, “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.” He also noted: “The latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalization of pipelines by some militants without the governor taking any action to curtail them.”

    Usually, on a controversial constitutional issue such as the declaration of a state of emergency in Rivers State, the Nigeria Bar Association (NBA) is expected to be the point of reference and the arbiter, and its opinions are expected to be definitive and authoritative. Unfortunately, in the present circumstance, the views of the NBA have not been of much help. For example, in its reaction to the state of emergency, an 18 March, 2025 release by the NBA President, Mazi Afam Osigwe, SAN, stated: “These [constitutional] provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect.”

    The NBA further declared: “A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.” Mazi Afam Osigwe, SAN, then declared: “The NBA, therefore, emphasizes that the National Assembly should not approve the declaration of a state of emergency in Rivers State as the same is unconstitutional.”

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    Probably taking their cue from the NBA, the Peoples Democratic Party, through its National Publicity Secretary, Debo Ologunagba, on 19 March, 2025, also said: “Section 305(2) of the Constitution clearly states that the President must transmit the proclamation to the National Assembly, which must approve it before it takes effect. Tinubu’s order for immediate implementation is a blatant violation of the Constitution.” Ologunagba further claimed: “The purported suspension of Governor Fubara is unconstitutional, impracticable, invalid, and completely out of the question. No provision of the Constitution empowers the President to dismantle a sub-national government or suspend a democratically elected governor under any circumstances.”

    However, some commentators have been more cautious. For example, Babatunde Ogala, SAN, in a TVC interview titled “I see Fubara return as governor after suspension is lifted – Ogala”, on 19 March, 2025 said: “In my opinion, I think NBA perhaps should have tarried a while before speaking out.” He then noted: “The first step the constitution prescribes is the proclamation; so that the President takes action first and goes for ratification. … It did not say that he must seek the consent first before proclamation. Proclamation comes first. He has to declare first before going to the National Assembly.”

    This view is consistent with Section 305(6)(b) of the 1999 Constitution which states: “(6) A Proclamation issued by the President under this section shall cease to have effect – … if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation.”

    Babatunde Ogala, SAN, further noted with respect to President Tinubu’s suspension of the Governor, Deputy Governor and the elected members of the Rivers State House of Assembly: “When you declare a state of emergency, it is unusual times … Let us wait for the National Assembly to say no, you cannot suspend. Those are his [the President’s] terms of the state of emergency, because the state of emergency is not just a blanket thing. He could declare a state of emergency and say we retain all structures. He could declare a state of emergency and say maybe it’s the legislative arm we are suspending.” 

    In addition, Babatunde Ogala, SAN, said: “The Supreme Court had consolidated about eight different appeals and the key thing the Supreme Court said – this is the highest court of the land – they had said the governor was … behaving like a despot, that governance had ceased in the state. … The Court made allusion to the demolition of the House of Assembly, how the House had been scuttled, how he was running the state without that other structure for governance. So, in clean conscience, can we really say there was a democratic structure in Rivers without a House of Assembly? … Nothing thus far has been done that is not in accordance with the Constitution. Nothing.”

    Honourable Justice (Prof.) Mojeed Owoade (rtd.) also observed, in a 19 March, 2025 Arise News interview: “The law is dicey. Nobody seems to know the limit of Section 305, except it is properly interpreted. … Yes, Section 188 talks about how a governor can be removed: impeachment, sickness, et cetera. No one is sure that that precludes removal in a state of emergency. Like I said, that is for interpretation.”

    Furthermore, popular Lagos-based lawyer, Mr. Jiti Ogunye, asserted in a TVC interview on “Beyond 100 Days with Nifemi Oguntoye” on 19 March, 2025: “I’m aware that a number of lawyers in Nigeria, including the Nigeria Bar Association, have contested the power of the President to suspend a governor and members of the House of Assembly while declaring a state of emergency. In all these public declarations or pontifications or enlightenments, as the case may be, nobody has been able to cite a precedent in Nigeria by which a court of law positively and categorically declared that kind of action by previous Presidents or Prime Minister to be illegal and unconstitutional. I’m a lawyer. Lawyers live by and they practise by precedents and decided cases … and so what has occurred largely will be regarded as enlightened opinion. I won’t say guesses. Enlightened opinions on what the issues are. … People are speaking too affirmatively when there is no guidance, case law guidance, on the subject.”

    Jiti Ogunye continued: “Historically in this country, declaration of a state of emergency on ‘a political crisis’ has always come with these kinds of suspension. … So, the point I’m making is that while there is nothing under Section 305 that clearly permits a President to take this step … there is no case law precedent prohibiting that conduct as we speak. So, all of us are then left with our own opinions.”

    The conflicting or contradictory or superficial or even emotional views of sundry legal practitioners have given room for a wide range of non-experts to pontificate magisterially on the constitutionality and legality of declaring the state of emergency by President Bola Tinubu and his suspension of Governor Fubara, his Deputy and the elected members of the House of Assembly. This situation has resulted in what is called the “Dunning-Kruger effect.”  According to Healthline.com, the Dunning-Kruger effect “is a type of cognitive bias [or delusional self-perception] that causes people to overestimate their knowledge or ability, particularly in areas with which they have little to no experience.” The debate on the state of emergency in Rivers State has therefore continued to be muddied with all sorts of sentimental outbursts and illogical arguments passing off as informed opinions.

    Meanwhile, as the Alhaji Atiku Abubakar-led coalition of opposition political parties was stoking dissent by the National Assembly members on 20 March, 2025, and directing or urging them not to approve President Tinubu’s declaration of the state of emergency in Rivers state, both arms of the National Assembly were critically examining the details of the declaration. At the end of the day, both the Senate and the House of Representatives approved both the declaration of the state of emergency and the suspension of the Governor, the Deputy Governor and elected members of the House of Assembly.

    It is heartening that in his speech at the Presidential Villa, Abuja, after his swearing in on 19 March, 2025 as the Administrator of Rivers State, Vice Admiral Ibok-Ete Ibas (rtd.), said that he recognised that the task before him was “to work together with other stakeholders to ensure that we bring peace, order and security and stability to the people and government of Rivers State and Nigeria at large”.

    In addition to these commitments, the Administrator should, as a matter of priority, pay the 27 legislators whose salaries and entitlements were stopped by Governor Fubara. He should also note that, arising from the Fubara-Legislature conflict, the elders in Rivers State have suffered collateral damage, with neither of the feuding sides respecting them. Vice Admiral Ibok-Ete Ibas (rtd.) therefore needs to do all he can to bridge the divide, restore confidence in the elders and get them to interact harmoniously for the benefit of the people of the state.

    Moreover, given the shambolic Local Government elections which held under Governor Fubara on 5 October, 2024 and have now been rightly declared null and void by the Supreme Court, it is important for the Administrator to organise new free and fair Local Government elections or at least prepare the ground for free and fair elections to hold into the offices of that very crucial level of government.

  • Rivers State of Emergency: Legal expert backs Tinubu, slams critics  

    Rivers State of Emergency: Legal expert backs Tinubu, slams critics  

    A legal expert and Professor of Constitutional Law and Human Rights, Prof. Kola Salman, has weighed in on the declaration of a state of emergency in Rivers State by President Bola Tinubu, which was ratified by both chambers of the National Assembly (NASS). 

    In his analysis on Friday, the University of Ilorin legal expert dismissed claims that President Bola Tinubu overstepped his constitutional boundaries, arguing that the declaration followed due process and was necessary given the circumstances in the State.  

    “The National Assembly’s approval of the President’s declaration is not just a formality but a fundamental constitutional requirement. 

    “Without their approval, the proclamation would have been null and void. The Constitution makes it clear that the National Assembly must debate and approve such a declaration for it to stand,” Salman explained.

    He further emphasized that both the executive and legislative arms of government have acted in alignment, ensuring that the state of emergency is legally binding. 

    However, while acknowledging that the declaration meets constitutional standards, he strongly agreed that the discretionary power granted by the President was neither misplaced nor misused.  

    According to Salman, the Constitution grants the President the power to declare a state of emergency under specific conditions. “Sections 305 (1)(2)(3)(4)&(5) of the Constitution clearly outline the circumstances under which this power can be exercised,” he noted.  

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    However, he noted an important procedural step that may have been overlooked, saying, “If the state of emergency applies to a particular state or states, the governor(s) of those states must invite the President to make the declaration. Only if the governor fails to do so within a reasonable time can the President step in unilaterally.”  

    Responding to criticisms that the President lacks the power to suspend the governor and the State House of Assembly, Salman firmly rejected such claims. 

    “This is totally untrue. When a state of emergency is declared, the President becomes the sole administrator of that state. The State House of Assembly loses its ability to legislate during that period,” he said.

    He further argued that suspending the governor is within the President’s discretionary powers, especially if the governor is implicated in the breakdown of law and order. 

    He said: “In Rivers State, the crisis can be traced back to the actions and inactions of the governor himself.  

    “Let’s not forget that the governor demolished the newly constructed multimillion-naira House of Assembly simply because he didn’t want members to deliberate there. He then set up a ‘mini’ Assembly within the Government House, allowing only a handful of his loyalists to participate, while ostracizing the majority of 27 lawmakers,” he noted

    Professor Salman also had strong words for social media commentators and self-proclaimed legal experts who have been criticizing the President’s decision.  

    “It is unfortunate that some individuals, who suddenly emerge as ‘constitutional lawyers’ on social media, are misleading the public. They read the Constitution and interpret it based on personal interests rather than the public good,” he noted.  

    He urged such commentators to “limit their opinions to what they truly understand,” warning against “politicizing legal matters unnecessarily.”  

    Backing the President’s decision, Professor Salman posited, “Every step taken by the President aligns with the Constitution. This is a crucial and necessary intervention. My advice to critics is simple, be careful not to fan the flames of political division through misinformation by heating the polity.”