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The situation in Rivers State was promoted by these sets of action into a national political crisis in which state power, projected through a minister, the judiciary, the president of Nigeria and finally the National Assembly, have been amassed to smash a tiny governor called Fubara, without due regard to the good people of Rivers State.
On Tuesday, President Tinubu declared a state of emergency in Rivers State, to address the on-going political crisis there. The crisis, as I understand it, is the fight to finish between Governor Fubara and former governor and current minister of the Federal Capital Territory, Nyesom Wike. President Tinubu took a clear position on the matter, blaming Governor Fubara for the crisis: “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 months after, not rebuilt same,” said the president. He then continued in his blame of the governor for the recent disturbing incidents of the vandalisation of pipelines by some militants, without taking any action to curtail them, as if it is the governor, and not him, who controls the security agencies. The president did not even name Wike as a party in the crisis and therefore openly displayed his positioning as an anti-Fubara interventionist. There lies the problem.
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The president then invoked the provision of section 305 of the Constitution to declare a state of emergency in Rivers State, with effect from the 18th of March. He suspended the governor, Mr Siminalayi Fubara; his deputy, Mrs Ngozi Odu, and all the elected members of the House of Assembly for an initial period of six months, while nominating Vice Admiral Ibokette Ibas (rtd.) as administrator to take charge of the affairs of the state.
Nigerians, however, have not forgotten that President Tinubu has been on public record criticising President Jonathan for taking a similar action in the past, saying: “It is now abundantly clear that President Jonathan has finally bared his fangs confirming what was widely speculated. By declaring a state of emergency in Borno, Yobe and Adamawa, he has intimidated and emasculated the governors of these states. We are witnessing a dangerous trend in the art of governance and a deliberate ploy to subvert constitutional democracy.” The issue for most Nigerians was why President Tinubu reacted this way to the declaration of a state emergency in Borno and Yobe in May 2013, during which elected officials were not even suspended, and then doing worse on becoming president. This set the tone for the national response to the declaration of the state of emergency in Rivers State.
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Within a few hours, the president of the Nigerian Bar Association (NBA) responded, querying the president. He contended that Section 305 of the Constitution indeed vests the president with the power to declare a state of emergency but the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measure does not infringe on democratic governance and fundamental human rights. The NBA’s concern was that 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 was not grounded in our Grand Norm.
The 1999 Constitution does not grant the president the power to remove elected officials under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor in Section 188. Similarly, the removal of members of the House of Assembly and dissolution of the parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstance.
My good friend, barrister Jiti Ogunye has argued that given the political nature of the conflict, suspension of the state executive and legislature could play the role of “deux ex machina” or miraculous solution to the protracted conflict. The fact that the votes in the National Assembly were not counted removes the miraculous from the purported solution. I am therefore obliged to agree with my other barrister friend, Femi Falana, that the decision…is illegal…
The NBA argued that for a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
- War or external aggression against Nigeria.
- Imminent danger of invasion or war.
- A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
- A clear danger to Nigeria’s existence.
- Occurrence of any disaster or natural calamity affecting a state or a part of it.
- Such other public danger that constitutes a threat to the Federation.
The NBA questioned whether the political crisis in Rivers State had reached the level of a complete breakdown of law and order, thereby warranting the removal of the governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.
The next issue is that subsection (2) of Section 305 provides that:
“A Proclamation issued by the President under this section shall cease to have effect —
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”
The requirement, therefore, is that there shall be a division in voting on the matter – the requirement for Senate being 72 votes and for the House, 240 votes. Yesterday, however, both houses used voice votes to claim that they have approved the proclamation, but a voice vote does not tell you how many members voted for or against the proclamation. This evacuated the validity of the vote and created additional political crisis because it became clear that that neither the Senate nor the House could produce the required majority.
My good friend, barrister Jiti Ogunye has argued that given the political nature of the conflict, suspension of the state executive and legislature could play the role of “deux ex machina” or miraculous solution to the protracted conflict. The fact that the votes in the National Assembly were not counted removes the miraculous from the purported solution. I am therefore obliged to agree with my other barrister friend, Femi Falana, that the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal, as it cannot be justified under any of the provisions of the 320 sections of the Constitution. In accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the governor becomes vacant for any reason whatsoever, the deputy governor shall be sworn in as the governor.
Dakuku Peterside pointed out that the meta-analysis of 134 expert legal commentaries in the media on the ruling reveals an overwhelming consensus — 130 commentators argue that the verdict did more harm than good, it fails to uphold legal standards and instead entrenches political instability. Those 130 commentators believe that the apex court did not dwell on the law but rather on extraneous issues.
I respect the argument made by my good friend, Dakuku Peterside that the political crisis in Rivers State has been exacerbated by the terrible decisions taken earlier by the Supreme Court. He argued that justice is the bedrock of any democratic society, which provides stability, fairness, and order. However, when a Supreme Court ruling not only deepens an existing crisis but also fuels political strife, it calls into question the judiciary’s integrity and role in governance. For him, therefore, the recent Supreme Court judgment concerning Rivers State has ignited a political firestorm, raising fundamental questions for governance, democracy, and the rule of law.
Dakuku Peterside pointed out that the meta-analysis of 134 expert legal commentaries in the media on the ruling reveals an overwhelming consensus — 130 commentators argue that the verdict did more harm than good, it fails to uphold legal standards and instead entrenches political instability. Those 130 commentators believe that the apex court did not dwell on the law but rather on extraneous issues. Only four legal experts expressed a differing opinion, highlighting the near-universal disapproval of the judgment within the legal community.
Peterside added that the Justice Mojeed Owoade (rtd)-led 11-man Independent Judicial Accountability Panel also delivered a scathing critique of the judgment. The panel noted that the Supreme Court failed to resolve the crucial issue of the alleged defection of 27 lawmakers, leaving a gap in legal interpretation. This is because “the court commented on the defection issue without actually addressing it.” This failure is significant, given that a similar case in 2012 saw the Supreme Court uphold the removal of lawmakers who defected without due process.
One of the most contentious aspects of the judgment was its handling of local government elections. The Supreme Court verdict in annulling the elections did not follow any precedence known to law. To make matters more complicated, the Court nullified the elections without providing a timeline for fresh polls, leaving the fate of governance in limbo. Local Government chairmen have been elected and sworn in, yet the Supreme Court, without hearing the chairmen or their political parties, annulled the election.
The situation in Rivers State was promoted by these sets of action into a national political crisis in which state power, projected through a minister, the judiciary, the president of Nigeria and finally the National Assembly, have been amassed to smash a tiny governor called Fubara, without due regard to the good people of Rivers State. My last word is that I do not have the intellectual capacity to discern who can bring back justice that would favour the Rivers people.
A professor of Political Science and development consultant/expert, Jibrin Ibrahim is a Senior Fellow of the Centre for Democracy and Development, and Chair of the Editorial Board of PREMIUM TIMES.
