At least 102 Civil Society Organisations (CSOs) have asked President Bola Tinubu to reverse the state of emergency and suspension of Rivers State Governor Siminalayi Fubara and the state house assembly.
In a statement on Tuesday, the CSOs also asked Mr Tinubu to consider withdrawing the military from the Rivers State Government House to “de-escalate the tension” in the state.
|
|
The emergency rule declaration
PREMIUM TIMES earlier reported that Mr Tinubu declared a state of emergency in the South-southern state on Tuesday.
The president also suspended Governor Fubara, Deputy Governor Ngozi Odu, and all the House of Assembly members for an initial six months.
|
|
|
|---|
The president consequently appointed Ibok-Ete Ibas as the sole administrator of the state.
He cited the recent “disturbing” incidents in the state, including explosions and vandalisation of petroleum pipelines linked to the political crises in the state, as the basis for his action.
The disturbing incidents also included the political crises in the South-southern state triggered by a rift between Mr Fubara and his predecessor, Nyesom Wike, the minister of the FCT.
On Thursday, Nigeria’s House of Representatives approved the declaration of a state of emergency in the south-southern state.
The Senate would later follow suit, approving the emergency rule with minor changes.
Knock on Supreme Court
Before now, the rift between Messrs Fubara and Wike had split members of the state assembly into two factions – 27 lawmakers loyal to the FCT minister and three to the now-suspended governor.
Mr Fubara began to rebuff the 27 lawmakers led by Martin Amaewhule after they “defected” from the PDP to the APC, which the governor argued amounted to losing their seats as lawmakers.
A state high court initially declared the lawmakers’ seats vacant, prompting Mr Fubara to forward all executive communications, including bills and nominees for appointments, to the three-member faction for consideration and approval.
But on 28 February , the Supreme Court restored Mr Amaewhule’s position as the speaker, reinstated the others as legitimate members of the assembly, and nullified the local election organised by Mr Fubara’s administration.
In the Tuesday statement, the CSOs criticised the Supreme Court for restoring Mr Amaewhule-led assembly despite initially declaring otherwise in 2015 in Hon. Ifedayo Sunday Abegunde v. The Ondo State House of Assembly & 11 Others.
“This (28 February) ruling by a five-person panel (of the Supreme Court) contradicts the seven-person panel’s earlier stance (in 2015), raising questions about judicial consistency and the court’s susceptibility to political influence,” the CSOs said
They noted that the 1999 Nigerian Constitution provided in Section 68 that any legislator who defects from the party under which he was elected forfeits his seat unless there is a division in the party.
On the emergency rule, the organisations admitted that Mr Tinubu is empowered by Section (305) of the constitution to declare a state of emergency in cases of war, natural disaster, or a breakdown of public order and safety beyond the state government’s control.
The groups, however, argued that the crises in the South-south state were inadequate for declaration of emergency rule.
“While Rivers State is undeniably turbulent, the declaration’s legality hinges on whether the situation meets this threshold,” they said.
Solutions for Rivers crises
The CSOs said, as part of the solutions to the crises, the Supreme Court must reverse the 28 February ruling, which restored the Amaewhule-led Rivers assembly to align itself with its previous rulings in similar cases of the defection of lawmakers.
“The defected lawmakers should vacate their seats, triggering by-elections conducted by the Independent National Electoral Commission to restore legitimate representation.
“This upholds the electorate’s mandate and the constitution’s sanctity,” the groups said.
They said apart from reversing the emergency rule and suspension of Mr Fubara, a neutral mediation panel and civil society leaders led by the National Peace Committee should facilitate dialogue between the governor, Mr Wike, and their factions.
“This panel must focus on de-escalation and prioritise governance over personal ambitions and a commitment to democratic processes, potentially brokering Wike’s withdrawal from active interference in Rivers State politics,” the groups said.
The CSOs also suggested that the Chief Justice of Nigeria, Kudirat Kekere-Ekun, should set up a judicial panel to investigate allegations of bias against the judiciary in the Rivers crises.
This, they said, will ensure that future rulings in Rivers State adhere to legal principles, not expediency.
“Media outlets and civil society should amplify this crisis’s implications for democracy, urging all actors to prioritise the public good over power struggles,” the CSOs said.
“The crisis in Rivers State is a litmus test for Nigeria’s democracy. Left unchecked, it risks setting a precedent for constitutional subversion and federal overreach, with ripple effects nationwide.”
