By Joke Kujenya
IN A decisive move to address the escalating political turmoil in Rivers State, President Bola Tinubu has declared a State of Emergency, promptly effective from Tuesday, March 18, 2025.
This action follows a prolonged period of instability marked by a power struggle between Governor Siminalayi Fubara and the state House of Assembly, leading to significant governance challenges.
The crisis intensified when, on December 13, 2023, Governor Fubara ordered the demolition of the Rivers State House of Assembly building.
Fourteen months later, the legislature remains inoperative, hindering the state’s legislative functions.
Efforts by various stakeholders, including former President Olusegun Obasanjo, to mediate have been unsuccessful.
The Supreme Court, on February 28, 2025, delivered a judgment highlighting unconstitutional actions by Governor Fubara, stating that the absence of a functional legislature equates to the non-existence of a government in Rivers State.
The court reinstated 27 legislators previously barred from the Assembly and mandated the immediate passage of an appropriation bill to restore constitutional governance.
Compounding the crisis, militants have threatened violence against perceived opponents of the governor, with no disavowal from Fubara.
Recent reports indicate vandalism of oil pipelines by militants, to which the governor has not responded, prompting federal intervention to safeguard lives and critical infrastructure.
In light of these developments, President Tinubu has suspended Governor Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.
Vice Admiral Ibokette Ibas (Rtd) has been appointed as the Administrator to oversee the state’s affairs during this period.
The judiciary remains unaffected and will continue its constitutional duties.
The Administrator is restricted from enacting new laws but may propose necessary regulations, subject to approval by the Federal Executive Council and promulgation by the President.
This intervention aims to restore peace, order, and effective governance in Rivers State, emphasizing adherence to constitutional principles by all political actors, President Tinubu states.
State of Emergency
IN THE context of the suspension of a State Governor refers to a constitutional or legal situation in which the federal government (or the central authority) temporarily takes over the administration of a state due to exceptional circumstances.
These circumstances could include political instability, a breakdown of law and order, natural disasters, or other situations that prevent the normal functioning of the state government.
Key Aspects of a State of Emergency and Governor Suspension:
Legal Basis:
The Constitution or laws provide the President or central authority the power to declare a state of emergency when governance is significantly disrupted.
The process usually involves legislative approval or judicial review.
Reasons for Suspension of a Governor:
Political Crisis: If a governor is involved in unconstitutional acts or governance collapses.
Security Threats: If there is widespread violence, insurgency, or terrorism that the state government fails to control.
Corruption or Misgovernance: If the governor is accused of serious corruption, abuse of power, or inability to govern effectively.
Implementation of the State of Emergency:
The federal or central government may dissolve the state legislature and appoint an administrator.
The military or emergency agencies might be deployed to restore order.
The judiciary may be involved in determining the legality of the governor’s suspension.
Duration and Resolution:
A state of emergency is usually temporary and requires periodic review by the legislature or courts.
Normal governance is restored once the crisis is resolved, or fresh elections may be held.
The President can declare a state of emergency in a state and suspend its governor if there is a serious security crisis, such as terrorism or insurgency, in this case, it is in line with:
Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
As Nigeria’s President specifically referenced:
- Section 305(5): Regarding the requirement for the Governor and Deputy Governor to make a request to the President for a state of emergency declaration.
- General invocation of Section 305: As the legal basis for declaring a state of emergency in Rivers State.
Full Text of the Broadcast by President Bola Ahmed Tinubu, Commander-in-Chief of the Armed Forces, declaring State of Emergency in Rivers state on Tuesday 18 March 2025
Fellow Nigerians, I feel greatly disturbed at the turn we have come to regarding the political crisis in Rivers State. Like many of you, I have watched with concern the development with the hope that the parties involved would allow good sense to prevail at the soonest, but all that hope burned out without any solution to the crisis.
With the crisis persisting, there is no way democratic governance, which we have all fought and worked for over the years, can thrive in a way that will redound to the benefit of the good people of the state. The state has been at a standstill since the crisis started, with the good people of the state not being able to have access to the dividends of democracy.
Also, it is public knowledge that the Governor of Rivers State for unjustifiable reasons, demolished the House of Assembly of the state as far back as 13th December 2023 and has, up until now, fourteen (14) months after, not rebuilt same. I have made personal interventions between the contending parties for a peaceful resolution of the crisis, but my efforts have been largely ignored by the parties to the crisis.
I am also aware that many well-meaning Nigerians, Leaders of thought and Patriotic groups have also intervened at various times with the best of intentions to resolve the matter, but all their efforts were also to no avail. Still, I thank them.
On February 28, 2025, the supreme court, in a judgment in respect of about eight consolidated appeals concerning the political crisis in Rivers State, based on several grave unconstitutional acts and disregard of rule of law that have been committed by the Governor of Rivers State as shown by the evidence before it pronounced in very clear terms:
“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.”
The above pronouncement came after a catalogue of judicial findings of constitutional breaches against the Governor Siminalayi Fubara.
Going Forward in their judgment, and having found and held that 27 members of the House who had allegedly defected
“are still valid members of Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th Respondent (that is, the Governor) in cohorts with four members”
The Supreme Court then made some orders to restore the state to immediate constitutional democracy. These orders include the immediate passing of an Appropriation Bill by the Rivers State House of Assembly which up till now has not been facilitated.
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.
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 militant without the governor taking any action to curtail them. I have, of course given stern order to the security agencies to ensure safety of lives of the good people of Rivers State and the oil pipelines.
With all these and many more, no good and responsible President will standby and allow the grave situation to continue without taking remedial steps prescribed by the Constitution to address the situation in the state, which no doubt requires extraordinary measures to restore good governance, peace, order and security.
In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State and the Governor and Deputy Governor of Rivers State having failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18th March, 2025 and I so do.
By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months.
In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (Rtd) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.
The Administrator will not make any new laws. He will, however, be free to formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state.
This declaration has been published in the Federal Gazette, a copy of which has been forwarded to the National Assembly in accordance with the Constitution. It is my fervent hope that this inevitable intervention will help to restore peace and order in Rivers State by awakening all the contenders to the constitutional imperatives binding on all political players in Rivers State in particular and Nigeria as a whole.
Long live a united, peaceful, secure and democratic Rivers State in particular and the Federal Republic of Nigeria as a whole.
