President Bola Tinubu’s declaration of a state of emergency in Rivers State yesterday drew the ire of senior lawyers and political stakeholders, who described the development as unacceptable.
They include human rights activist Mr Ebun Adegboruwa, SAN; Kunle Edun, SAN; Evans Ufeli; Atiku Abubakar, 2023 presidential candidate of the Peoples Democratic Party, PDP; and former Deputy National Chairman of the PDP, Chief Olabode George.
Tinubu’s declaration of state of emergency
In a 1003-word nationwide broadcast, the president suspended the governor, Siminalayi Fubara, his deputy, Professor Ngozi Odu, and members of the State House of Assembly for six months.
He appointed Vice Admiral Ibokette Ibas, ret’d, former Chief of Naval Staff, as administrator, and the appointment is subject to the National Assembly’s confirmation.
With this development, Rivers has become the sixth state, after Plateau, Ekiti, Borno, Yobe, and Adamawa, to witness a state of emergency since the return of democratic rule in 1999.
It’s political, in bad faith — Atiku
Atiku Abubakar described the declaration as political manipulation done in outright bad faith.
Atiku, who stated this in a post on his Facebook page yesterday, said: “Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers. His blatant refusal — or calculated negligence — to prevent this escalation is disgraceful.
“Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk.
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent.
“It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’Adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.
“If federal infrastructure in Rivers has been compromised, the President bears full responsibility. Punishing the people of Rivers State just to serve the political gamesmanship between the governor and Tinubu’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest terms.”
It’s premeditated, part of a script— Adegboruwa
Reacting to yesterday’s development, Mr Ebun Adegboruwa, SAN, said the state of emergency was uncalled for and that the President’s decision had no basis.
His words: “It is uncalled for; there is no basis for the declaration of a state of emergency because some issues have already been resolved by the Supreme Court, while others are being looked into. Looking at the facts, the state of emergency is premeditated and part of a script.
“In Osun State, there is crisis over local government issues and no state of emergency has been declared. The same thing in Benue State where there is crisis between the executive and judiciary, no state of emergency has been declared. In Lagos State, where you had two speakers, no state of emergency has been declared.
“There is no basis for it, and I urge the President to rescind his decision and allow democracy to work in Rivers State. This is not to support the governor or the minister of the Federal Capital Territory, FCT, but the state of emergency is uncalled for.”
Tinubu lacks power to suspend Fubara, deputy, others —Edun
On his part, Kunle Edun, SAN, said: “The provisions of Section 305 relied upon by President Tinubu do not empower the President of the Federal Republic of Nigeria 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 has started sitting. As a matter of fact, 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 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 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 has the power to make laws until such a time 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 a state. Therefore, the Constitution did not envisage a situation where a state will be without a legislature at any time.”
It’s a bold step, but Wike should be removed —Enikuomehin
However, another legal practitioner, Dr Benson Enikuomehin, commended President Tinubu for the move, which he described as a bold step.
Enikuomehin, however, urged the president not to spare the FCT Minister, Mr Nyesom Wike for allegedly sponsoring the crisis in the state.
He said: “I commend Mr. President for taking the bold step in declaring a State of Emergency in Rivers State owing to the palpable tension looming in the state.
“While the governor, deputy governor and the House of Assembly have been suspended for six months, I am of the strong view that the man in the engine room, promoting and sponsoring the crisis in the state, Mr. Nyesom Wike, should not be spared in the ignoble roles he has played in the Rivers crisis. Let him be relieved of his post as a minister.
‘’This is what will bring all the parties to their knees and a reasonable man will feel that justice has been served.”
Suspending Rivers Assembly, an overreach—Ufeli
Another lawyer, Evans Ufeli, said: “The political tension and crisis in Rivers State has reached a state of ‘clear and present danger’ which represents the ground under which a state of emergency must be declared.
‘’By this term of reference, President Tinubu has rightly declared a state of emergency in Rivers State. The action is, however, not completed; the President has published the same in the National Gazette 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 tranquility in times of chaos, and to 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 the same can be challenged. I am not a fan of Rivers State House of Assembly but there’s an overreach there. Can the President suspend the State House of Assembly?”
It’s uncalled for —Bode George
Also reacting last night, Chief Bode George faulted the President’s declaration, urging him to rescind it.
George said, “I am shocked. This has never happened in this country, and there is a procedure where the Supreme Court has made a pronouncement on how a state of emergency can be declared. This is Armageddon, and I urge the President to rescind his decision because this is totally uncalled for.
“This is absolute armageddon. Total disrespect for constituted authority. The Constitution has been viciously violated. We can’t keep quiet. This is recklessness of the highest order. What did Fubara do? As the Commander-in-Chief, you gave Wike soldiers and security agents to try to destabilise Rivers State.
‘’The governor does not have powers over any security agency. Like a gentleman that he is, he kept his cool. Nobody has told me what the governor did to warrant this dictatorial emergency rule.
“What type of democracy is this in 2025? This is how it started in 1962 and 1983. This is a dress rehearsal of what Tinubu wants to do in 2027. APC wants to get all states through unconstitutional means.
“This state of emergency is absolute balderdash. Did he get the approval of the National Assembly before his broadcast? What happened in Rivers before today was the hand of Esau and the voice of Jacob.
“Why didn’t he declare a state of emergency in Lagos when the lawmakers were fighting? Why? Why did he invite Diete-Spiff and Niger Delta leaders last week when he knew where he was going? Is Tinubu now becoming a civilian dictator?”
