There is tension in Nigeria’s oil-rich Rivers State following the declaration of the State of Emergency in the state on Tuesday by Nigerian President Bola Tinubu.
In a nationwide broadcast on Tuesday evening, President Tinubu said that he was disturbed by the unfolding events in the state, which appeared to have defied political solutions, stalled development and progress and denied the people of the state the dividends of democracy.
“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 (retd.) 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,” he said.
President Tinubu explained that the emergency declaration did not affect the judicial arm of Rivers State, which will continue to function in accordance with its constitutional mandate.
According to him, the administrator will not make any new laws but is 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.
He added that the declaration had been published in the Federal Gazette, a copy of which had 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,’’ he added.
Meanwhile, the declaration of the state of emergency has attracted reactions from politicians and the Nigerian Bar Association.
In its reaction, the Coalition of United Political Parties (CUPP) described the declaration of a state of emergency in Rivers as a “dangerous precedent” for Nigeria’s democracy.
The CUPP National Secretary, Peter Ameh, in a statement on Tuesday in Abuja also described it as a “selective application of the state of emergency decree”.
Ameh said that by suspending Gov. Siminalayi Fubara and appointing a sole administrator, President Bola Tinubu had flagrantly disregarded the Constitution and undermined the principles of democracy.
“The selective application of the State of emergency decree in Rivers State, while ignoring other states plagued by similar or even worse security challenges, raises questions about the motivations behind such a decision.
“The Constitution is clear: a governor can only be removed from office through impeachment by the State House of Assembly, death, resignation, or completion of tenure.
“Nowhere does it grant the President the power to suspend a governor or declare a state of emergency as a tool for political suppression.
“The president’s actions are not only unconstitutional but also a blatant overreach of executive power.
Reacting to the declaration, the Nigerian Bar Association says the state of emergency in Rivers State: Suspension or otherwise summary removal of a democratically elected governor and in their elected officials is unconstitutional.
“The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
“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.
“The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials,” the NBA said in a statement.
GIK/APA