Rivers: AGF defends Rivers emergency rule as NBA condemns suspension of elected officials

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The federal government has defended President Bola Tinubu’s decision to declare a state of emergency in Rivers State, which included suspending Governor Siminalayi and otherelected officials of the state for six months.

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Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, said this on Wednesday, while briefing State House correspondents at the Aso Rock Presidential Villa, Abuja.

Mr Fagbemi argued that the intervention was necessary to prevent a total breakdown of law and order.

“We have about two years into the administration in the state. Now, when do you think he (President Tinubu) should have come in? Is it when everything has been destroyed? I don’t think so,” Mr Fagbemi said.

“I think the President has acted timeously. He has given the opportunity to all the parties involved to make amends. Before then, he had assembled them and tried to mediate,” he added.

PREMIUM TIMES reported that President Tinubu, on Tuesday, declared a state of emergency in Rivers State, suspending Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months.

In a national broadcast, the President cited prolonged political instability, constitutional breaches, and security threats as justification for the drastic measure.

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The crisis in Rivers, which has crippled governance in the oil-rich state, stemmed from a bitter power struggle between Mr Fubara and his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory.

As part of the emergency rule, President Tinubu appointed former Chief of Naval Staff, Vice Admiral Ibok-Étè Ibas (retd.), as the sole administrator of the state.

“In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State, the Governor and Deputy Governor of Rivers State 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,” President Tinubu said.

“It has become inevitably compelling for me to invoke the provision of Section 305 of the Constitution to declare a state of emergency in Rivers State with effect from today, March 18, 2025.”

He clarified that the declaration does not affect the judiciary, which will continue to function.

NBA rejects suspension of elected officials

The Nigerian Bar Association (NBA) had condemned the suspension of Governor Fubara, his deputy, and lawmakers, describing it as unconstitutional and a violation of Nigeria’s federal structure.

NBA President, Afam Osigwe (SAN), in a statement on Tuesday, argued that Section 305 of the 1999 Constitution allows the President to declare a state of emergency but does not grant him powers to remove an elected governor or lawmakers.

“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,” Osigwe stated.

“Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.”

He further argued that the political crisis in Rivers does not meet the constitutional threshold for emergency rule, warning that without National Assembly approval, Tinubu’s proclamation remains “constitutionally inchoate and ineffective.”

The NBA called on lawmakers to reject the President’s action, warning that it sets a dangerous precedent. It also urged the judiciary, civil society, and the international community to monitor the situation closely.

Criticism over Wike’s role in the crisis

Despite Mr Wike’s central role in the Rivers crisis, President Tinubu’s speech made no mention of him, a development that has sparked criticism.

The Pan Niger Delta Forum (PANDEF), a regional advocacy group, accused Wike of obstructing peace efforts. PANDEF Chairperson, Godknows Igali, said while Fubara had engaged with mediators, Wike had repeatedly rebuffed attempts at dialogue.

“While the Governor of Rivers State, Sir Siminalayi Fubara, has demonstrated a willingness to engage with this committee, the Honourable Minister has consistently rebuffed all attempts,” Mr Igali said.

Rivers government rejects removal of governor

Reacting to the development, the Rivers State Government described President Tinubu’s intervention as unjust and politically motivated.

Commissioner for Information, Warisenibo Johnson, on Tuesday, accused the federal government of selectively enforcing its emergency rule, removing Mr Fubara while leaving Mr Wike untouched.

READ ALSO: Nigerian senator rejects state of emergency in Rivers

“At every turn, members of the Rivers State House of Assembly, led by the Minister of FCT, frustrated our efforts. That is why it is shocking that Mr President sacked the governor and left his minister, who is the principal actor,” Mr Johnson said.

He insisted that Mr Fubara had complied with the Supreme Court ruling and continued governance despite the crisis.

The NBA has vowed to challenge the President’s decision, warning that it undermines Nigeria’s democracy and could set a troubling precedent for future political conflicts.