The declaration of state of emergency in Rivers State by President Bola Tinubu came to most Nigerians as a surprise as many had thought that the crisis in the state could have easily been resolved politically. In a nationwide broadcast he made on Tuesday, March 18, 2025, Tinubu blamed the suspended Rivers State Governor, Siminalayi Fubara, for the crisis in the state.

Noting his earlier futile intervention to bring peace to the state, the President stated that some militants had threatened fire and brimstone against the perceived enemy of the governor, but the governor did not disown them. Besides, both the governor and the Rivers State House of Assembly, he said, had not been able to work together.

President Tinubu suspended Governor Fubara, the deputy governor, Mrs. Ngozi Odu, and all the elected members of the state House of Assembly for an initial period of six months. He appointed Vice-Admiral Ibok Ete Ibas (retd) as an Administrator to take charge of affairs of the state. This declaration does not affect the judicial arm of Rivers State government. 

The President based his action on Section 305 of the 1999 Constitution (as amended). The National Assembly has since approved the declaration.  

However, the Nigerian Bar Association (NBA) faulted the President’s action, saying it was unconstitutional and a dangerous precedent for Nigeria’s democracy. In a statement, the NBA President, Mazi Afam Osigwe (SAN), noted that the President did not have the constitutional power to remove an elected governor, his deputy or state lawmakers under emergency rule. Rather, according to the NBA, Section 188 of the Constitution provides clear procedures for the removal of a governor and deputy governor.

The NBA statement further reads: “A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials —such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

Similarly, the opposition Peoples Democratic Party (PDP) and some prominent Nigerians faulted the declaration of emergency rule in Rivers State. Former Nigeria’s Vice-President and presidential candidate of the PDP in the 2023 election, Atiku Abubakar, and his Labour Party counterpart, Peter Obi, also criticised the emergency rule, saying it’s unconstitutional and reckless.   

We believe the crisis in the state could have been better handled through mediation. Worse politicsl crises have happened in some other parts of the country, yet emergency rule was not declared. In the North-West and North-East, for instance, terrorists have killed and maimed thousands of citizens and rendered millions of others homeless. In some other parts of the country, kidnappers and sundry criminals have made life worthless for many Nigerians. Despite all these, no emergency rule was declared in any of the affected states.

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Nevertheless, it is pertinent to note that things worsened in October 2023 when there was an attempt to impeach Fubara by the 27 factional members of the Rivers State Assembly. This followed political differences between the governor and those legislators. As things were unfolding, an explosion and fire rocked the Assembly complex. Fubara later in December 2023 demolished the complex.   

The four lawmakers loyal to the suspended governor and led then by Mr. Edison Ehie, stoked the raging fire in December 2023 when they declared the seat of 27 factional lawmakers vacant. This was because the lawmakers purportedly defected to the All Progressives Congress (APC) from the PDP, the platform upon which they were elected.  The Martin Amaewhule-led 27 lawmakers went to court. In its judgement in February, the Supreme Court declared that the lawmakers remained members of the state Assembly. It ordered that the monthly allocation to the state be withheld and cancelled the local government election held in the state last year.    

Fubara had tried to comply with the Supreme Court ruling despite fresh impeachment threats dangled against him by a faction of the APC in the state. He went to re-present the state 2025 budget to the lawmakers but was reportedly locked out. He was also said to have called a meeting with the legislators, which the lawmakers reportedly ignored.

Incidentally, President Tinubu had urged the stakeholders of the Niger Delta to respect the judgement of the Supreme Court and ensure peace in the state. That should have been the most honourable thing to do.  

Now that the emergency rule has been declared, we call for restraint on the part of the parties concerned in the matter. They should sheathe their swords and give peace a chance. Let all the politicians in the state use the six months window to settle the political crisis in the state once and for all.

We advise that the Administrator should use the six months period of the emergency to engender peace in the state. Rivers State is an important state in the country. Escalation of the crisis there could seriously affect oil revenue.  

The Federal Government must ensure that all government facilities are protected. The situation in the state should not be allowed to degenerate or precipitate another crisis whose consequences may be dire. Everything must be done to return the state to the path of democratic governance as soon as possible.