•How Fubara, lawmakers can challenge president’s action •Things Fubara, Wike, others can do to settle conflict •Challenges before administrator
By Lukman Olabiyi
Lawyers from across the country have expressed divergent views over the declaration of State of Emergency in Rivers State by President Bola Tinubu last Wednesday, making the legality or otherwise of the president’s declaration a matter of concern.
A cross section of lawyers who spoke to Saturday Sun argued that the president took the right step while others are of the view that the decision, which they have described as illegal, could be challenged in court.
There is however, a consensus that peace is achievable under certain conditions within the six months period of the state of emergency. They advised that the suspended governor of the state, Siminalayi Fubara and members of the Rivers State House of Assembly could sit down with the Minister of the Federal Capital Territory, Nyesom Wike, who is behind the state legislators, to iron out their differences in the interest of the state.
The lawyers also highlighted expectations from Ibok-Ete Ekwe Ibas, the retired naval chief appointed by the president to take charge of governance in Rivers State within the period.
State of Emergency can be lifted in less than six months -Dave Ajetombi
Dave Ajetombi, a former chairman of the Nigerian Bar Association, Ikeja branch has called for dialogue, describing it as the main solution to the ongoing crisis in Rivers State following the declaration of a State of Emergency.
Ajetombi emphasised that normalcy would return once the involved parties, including the suspended Governor Siminalayi Fubara and the FCT Minister, Nyesom Wike, sit down and discuss the way forward. Ajetombi remarked that there appears to be a “satanic agreement” between the key figures in the state, but noted that Fubara, who was involved, was aware of the situation before entering into it.
On the role of the newly appointed administrator, Ajetombi stated that the administrator’s main responsibility would be ensuring civil servants perform their duties and receive their salaries. However, he clarified that while the administrator cannot award new contracts, they are authorized to oversee the execution of existing ones. The administrator is also permitted to make regulations, but only with approval from the federal government.
He suggested that if the governor and FCT minister settle their differences, there is a possibility that the president may lift the state of emergency before the six-month period expires.
Regarding legal options, Ajetombi acknowledged that there has been widespread debate about the constitutionality of the emergency declaration, with some lawyers suggesting it may be unconstitutional. He encouraged the matter to be tested in court, but also advised that dialogue remains the more effective path to resolve the crisis.
State of Emergency, a vital step by Tinubu – Gideon Okebu
A rights activist and lawyer, Gideon Okebu commended President Bola Tinubu for his decision to declare a state of emergency in Rivers State, stating that the move is in line with what any proactive and strategic leader would do.
According to Okebu, the declaration is a vital first step toward addressing the ongoing issues in the state, with hopes that it will be followed by continuous dialogue between key stakeholders and elder statesmen to find a peaceful and lasting solution.
Okebu emphasized that the primary responsibility of the appointed administrator in the state over the next six months is to maintain peace, order, and good governance. “The administrator is expected to foster bipartisan support from all factions involved, although if this support is lacking, the administrator has the authority to use force when necessary to ensure peace is upheld.
In the context of the state of emergency, Okebu noted that the parties involved, Minister of the Federal Capital Territory, Nyesom Wike, Governor Siminalayi Fubara, and the state lawmakers should ideally use the suspension period to reconcile their differences for the good of the state and its democracy. Okebu forecasted that the Wike faction would emerge stronger from the current crisis and push for their agenda in the aftermath of the emergency declaration.
On the options for Governor Fubara and the lawmakers to reverse their suspension, Okebu expressed skepticism, stating that the state of emergency was the most necessary and practical solution given the Supreme Court’s judgment on February 28, 2025, and the ongoing political turmoil in the state, adding that alternative solutions were unlikely to yield any meaningful results.
Responding to concerns over potential ripple effects of the state of emergency on other states, Okebu reassured that law-abiding governors who respect democratic institutions and the rule of law should not be concerned by the events unfolding in Rivers State.
He criticized Governor Fubara’s actions and accused him of disregarding the constitution and established government institutions. He said the governor’s decision to demolish the legislative complex and govern without a legislative arm was a rash move that only worsened the situation.
He argued that there were more effective, covert strategies Fubara could have employed to secure his position without resorting to such drastic measures.
Fubara can challenge decision in court to protect democracy -Maduka Onwukeme
In his own intervention, Maduka Onwukeme, another lawyer and rights activist, condemned the state of emergency declared by the president in Rivers State, arguing that it undermines the authority of the elected governor and violates constitutional principles.
Onwukeme contended that peace and order in the state could only be restored if Governor Fubara who was elected by the people is allowed to govern without interference from his predecessor and political godfather, Wike.
He added that the reason for the ongoing political crisis in Rivers State is the fact that the FCT minister interfered in the governance of the state, which was further exacerbated by the use of federal power against the sitting governor.
He pointed to the Supreme Court ruling, which invalidated the defection of legislators from the People’s Democratic Party (PDP) while also ordering the seizure of the state’s statutory allocations. This decision, Onwukeme argued, is unconstitutional, as it places the governor at the mercy of the House of Assembly, rather than ensuring the independence and equality of all arms of government.
The lawyer also called the state of emergency declared by President Bola Tinubu “illegal.” He regretted that the National Assembly validated the proclamation, which he believes unlawfully removes duly elected members of both the executive and legislative branches in Rivers State.
Onwukeme concluded by urging the governor of Rivers State to challenge the federal government’s actions in court to protect the principles of democracy and constitutional governance.
President’s decision final unless legally challenged -Chijioke Ifenkwe
Another rights activist and lawyer, Chijioke Ifenkwe declared that President Bola Tinubu has already taken the necessary action, which has also been ratified by the National Assembly as required by law.
Ifenkwe emphasized that the president has a team of advisers who would have thoroughly considered the situation. He explained that the actions taken by the president reflect the decision made by him and his team, asserting that once a decision is made, it is final unless legally challenged.
Regarding the expectations from the new administrator appointed to run the state, Ifenkwe stated that the primary expectation is for the administrator to maintain law and order in the state and effectively manage government affairs during the period. He further noted that the legality of the administrator’s appointment and immediate assumption of duties, before the National Assembly’s ratification, is a separate legal matter.
On the rift between Governor Fubara, and Nyesom Wike, Ifenkwe stated that Wike is no longer the governor or a member of the State House of Assembly, and has no legal role in the ongoing situation and may therefore, be supportive of the president’s actions.
In terms of legal recourse, Ifenkwe added that the only option available to the suspended governor would be to challenge the legality of the president’s decision in court.