Nigerian President Bola Ahmed Tinubu End his State of Emergency Rule in Rivers State

 According to a state house statement by the presidency, Nigeria's President Bola Ahmed Tinubu has end the State of Emergency in Rivers State.

The full statement:

*BREAKING STATEHOUSE STATEMENT*

*STATEMENT BY HIS EXCELLENCY, BOLA AHMED TINUBU, PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, ON THE CESSATION OF THE STATE OF EMERGENCY IN RIVERS STATE*

 

My Fellow countrymen and, in particular, the good people of Rivers State.

 

I am happy to address you today on the state of emergency declaration in Rivers State. You will recall that on 18th March, 2025, I proclaimed a state of emergency in the state. In my proclamation address, I highlighted the reasons for the declaration. The summary of it for context is that there was a total paralysis of governance in Rivers State, which had led to the Governor of Rivers State and the House of Assembly being unable to work together. Critical economic assets of the State, including oil pipelines, were being vandalised. The State House of Assembly was crisis-ridden, such that members of the House were divided into two groups. Four members worked with the Governor, while 27 members opposed the Governor. The latter group supported the Speaker. As a result, the Governor could not present any Appropriation Bill to the House, to enable him to access funds to run Rivers State's affairs. That serious constitutional impasse brought governance in the State to a standstill. Even the Supreme Court, in one of its judgments in a series of cases filed by the Executive and the Legislative arms of Rivers State against each other, held that there was no government in Rivers State. My intervention and that of other well-meaning Nigerians to resolve the conflict proved abortive as both sides stuck rigidly to their positions to the detriment of peace and development of the State.

 

It therefore became painfully inevitable that to arrest the drift towards anarchy in Rivers State, I was obligated to invoke the powers conferred on me by Section 305 of the 1999 Constitution, as amended, to proclaim the state of emergency. The Offices of the Governor, Deputy Governor, and elected members of the State House of Assembly were suspended for six months in the first instance. The six months expire today, September 17th, 2025. 

I thank the National Assembly, which, after critically evaluating the justification for the proclamation, took steps immediately, as required by the Constitution, to approve the declaration in the interest of peace and order in Rivers State. I  also thank our traditional rulers and the good people of Rivers State for their support from the date of the declaration of the state of emergency until now. 

 

I am not unaware that there were a few voices of dissent against the proclamation, which led to their instituting over 40 cases in the courts in Abuja, Port Harcourt, and Yenagoa, to invalidate the declaration. That is the way it should be in a democratic setting. Some cases are still pending in the courts as of today. But what needs to be said is that the power to declare a state of emergency is an inbuilt constitutional tool to address situations of actual or threatened breakdown of public order and public safety, which require extraordinary measures to return the State to peace, order and security. Considered objectively, we had reached that situation of total breakdown of public order and public safety in Rivers State, as shown in the judgment of the Supreme Court on the disputes between the Executive and the Legislative arm of Rivers State. It would have been a colossal failure on my part as President not to have made that proclamation.

 

As a stakeholder in democratic governance, I believe that the need for a harmonious existence and relationship between the executive and the legislature is key to a successful government, whether at the state or national level. The people who voted us into power expect to reap the fruits of democracy. However, that expectation will remain unrealizable in an atmosphere of violence, anarchy, and insecurity borne by misguided political activism and Machiavellian manipulations among the stakeholders.

 

I am happy today that, from the intelligence available to me, there is a groundswell of a new spirit of understanding, a robust readiness, and potent enthusiasm on the part of all the stakeholders in Rivers State for an immediate return to democratic governance. This is undoubtedly a welcome development for me and a remarkable achievement for us. I therefore do not see why the state of emergency should exist a day longer than the six months I had pronounced at the beginning of it.

 

It therefore gives me great pleasure to declare that the emergency in Rivers State of Nigeria shall end with effect from midnight today. The Governor, His Excellency Siminalayi Fubara, the deputy governor, Her Excellency Ngozi Nma Odu, and members of the Rivers State House of Assembly and the speaker, Martins Amaewhule, will resume work in their offices from 18 September 2025. 

 

I take this opportunity to remind the Governors and the Houses of Assembly of all the States of our country to continue to appreciate that it is only in an atmosphere of peace, order, and good government that we can deliver the dividends of democracy to our people. I implore all of you to let this realisation drive your actions at all times. 

I thank you all. 

Long live the Federal Republic of Nigeria.

Bola Ahmed Tinubu GCFR

President, Commander-in-Chief of the Armed Forces

Federal Republic of Nigeria

State House, Abuja 

Septembear 17, 2025

WE WANT SIM: How Rivers Women Walk Out Of Remi Tinubu’s Empowerment Event, Demand Lady Valerie Fubara (VIDEO)

Thursday last week , tension soared n Rivers State as hundreds of women staged a dramatic walkout from the “Renewed Hope Initiative” empowerment programme organized by the Nigeria's First Lady Senator Remi Bola Ahmed Tinubu.

According to the report, the event, which was billed to feature the presentation of empowerment items to 500 women in the state, turned chaotic when the wife of the Sole Administrator, Mrs. Theresa Ibas, was invited to speak on behalf of the First Lady. The moment her name was announced, the atmosphere shifted.

Women chorus according to the video above:  “We want Valerie Sim-Fubara to address us, not the wife of an imposter! We want SIM!”

Accounts by Eyewitnesses said the women were visibly angered that Senator Remi Tinubu failed to show up after they were reportedly informed she would attend in person. Even more upsetting for them was the exclusion of the Rivers State First Lady, Lady Valerie Fubara, from the official lineup.

“We were told the First Lady of Nigeria would be here. If not her, then the wife of our Governor, Lady Valerie Sim-Fubara, should speak to us. Not someone representing someone who doesn't represent us,” one of the women fumed as she joined the protest walkout.

Despite efforts by the organisers to calm the situation, the crowd of women insisted on their demands and eventually exited the venue en masse, effectively grounding the event.

The protest is seen as a direct rejection of the political appointee structure in Rivers State and a strong show of support for Governor Siminalayi Fubara and his wife, Lady Valerie. Political observers say the incident reflects growing tensions over the legitimacy of certain figures aligned with recent federal interventions in the state.

 Neither Senator Remi Tinubu nor her media office issued a statement in response to the dramatic protest.

NIGERIA'S POLITICS: Tinubu's Silent and Strategic Manoeuvering For 2027

 TINUBU vs FUBARA LONDON SECRETS, PDP POLITICAL DEFECTIONS & BETRAYAL: HOW TINUBU’S SILENT EARTHQUAKE IN RIVERS STATE IS REDRAWING NIGERIA’S 2027 MAP 

 

  BEHIND THE SMOKE OF RIVERS, A POLITICAL FIRE IS BURNING

 

While Nigerians were distracted by surface noise, the real political tremor was taking place behind closed doors—in hotel suites in London, in secret calls to Supreme Court chambers, and in the quietly defecting hearts of PDP governors.

 Rivers State is now the pilot scheme of Tinubu’s 2027 game plan, and the betrayal of Wike and El-Rufai is no coincidence—it’s a blueprint.

 

 “This is Clement’s prophetic Intelligence Seal Broken. As it was written, so it is decoded — Nigeria’s destiny is being rewritten in shadows.”

BREAKING INTEL SNAPSHOT:

 _✓ President Bola Tinubu reportedly held a closed-door meeting with suspended Rivers State Governor, Sir Siminalayi Fubara, in London during his working visit.

 The meeting appears to have placed pressure on Fubara, who may now soften his stance and consider key concessions—sparking speculation of an impending political compromise aimed at de-escalating the ongoing crisis in Rivers State.

 _✓ Delta State Governor Oborevwori and his predecessor Ifeanyi Okowa have officially defected from the PDP to the APC, signaling a major political shift in the South-South region._ 

 _✓ Dele Momodu cautions political leaders against the ongoing wave of defections, warning that Nigeria risks sliding into a dictatorship if democratic opposition is silenced or dismantled._ 

 

 LONDON DEAL: FUBARA'S TRANSFORMATION FROM PAWN TO PRESIDENTIAL PROJECT

Governor Fubara’s London rendezvous with President Tinubu wasn’t a handshake—it was a baptism of fire and reprogramming of purpose. He entered that room a political orphan, bruised from legislative ambushes and executive sabotage. But he walked out reborn—not as Wike’s rebel—but as Tinubu’s prototype.

London wasn’t a peace talk. It was a software installation. Tinubu didn’t fly Fubara out for tea and sympathy. He flew him out for firmware updates—to rewrite the South-South operating system and install a federalist version of Lagos-style command governance in the oil heartland.

 “When the monkey refuses to dance for the owner, the drummer must find a new performer.”

Wike was the old performer. Tinubu is auditioning a new dance.

 Let’s be clear: Tinubu deliberately excluded Wike from the London table—not because he forgot, but because he had outgrown his usefulness. 

 The “Lion of Port Harcourt” was no longer roaring—he was growling at the wrong end of the food chain.

 Tinubu simply cut out the noise and adopted the underdog.

Fubara is now the test-run for Nigeria’s newest political software update:

 “Subnational Loyalty 3.0.” No more godfathers. No more regional emperors. Just governors with direct presidential plug-ins, coded to run Abuja’s agenda from local desktops.

 

 Strategic Fallout:

Soft Capture:

 Tinubu is building an APC-compliant Rivers without flying party flags or raising electoral dust. It's not a campaign—it’s a quiet colonization.

Silent Purge:

 Over time, Tinubu will replace PDP-encoded loyalists with federal-aligned technocrats—clean, sharp, loyal to Abuja’s firmware. They may still wave PDP banners, but their hearts will beat APC frequencies.

 “A snake that sheds its skin is not dead—it’s upgrading.”

 And that’s what Fubara has become: an upgraded vessel for a federal command.

 

 Clement Final Inside decode:

 “What do you call a man who defeats his master, but never lifts a sword?”

 Answer : _A governor with a presidential SIM card.

 

 Fubara has become the political equivalent of an electric car—looks quiet, moves silently, but packed with shockwave voltage. He now runs not on Wike’s diesel, but on Tinubu’s invisible battery.

 In a few months, Rivers will wear PDP clothes, but speak APC grammar. Contracts, budgets, appointments—coded in the dialect of the Villa.

 What happened in London was not alignment—it was conversion.

 “The hunter who sees two elephants fighting does not shoot until he knows which one the king sent.”

 Fubara now wears the king’s signal.

  

  BETRAYAL AS A POLITICAL TOOL: TINUBU DUMPS WIKE LIKE EL-RUFAI 

This is not politics. This is chess with human souls.

Wike is only the latest victim of a very ancient presidential doctrine—one that begins with— "use," passes through "praise," and ends in "purge."

The moment you stop being useful, the music stops. Ask El-Rufai, the original warning sign.

 "When the lion builds his palace, he lets the hyenas clear the bush—but he never invites them to the throne room."

Wike, like El-Rufai, was instrumental in cracking 2023’s complex electoral code. But once the door was open, they were both too loud, too proud, and too strategic for comfort. Tinubu’s model is not built for co-kings—it runs on “solitary supremacy.”

The louder you are near Tinubu, the closer you are to the exit. That’s not advice—it’s prophecy.

 

 Strategic Analysis:

Tinubu's Silent Doctrine:

Loyalty must be silent, strategic, and sacrificial. Once it becomes vocal, visionary, or viral, it gets downgraded.

Wike and El-Rufai forgot the rule:

 “Power doesn’t like witnesses. It prefers blind loyalty or permanent silence.”

Pre-2027 Purge Protocol:

Tinubu is activating his pre-election firewall. Independent thinkers are threats, not allies. If you're dreaming beyond your assigned lane, you will be neutralized with or without noise.

Wike’s “ control freak tendencies” made him an open tab in Tinubu’s security system.

 El-Rufai’s intellectual swagger was a bug in the matrix. Both had to go.

 

 Clement decode:

Wike thought Abuja politics was like Port Harcourt wrestling—just shout louder and win.

 But Tinubu’s Abuja is a soundproof chamber—you shout, but no one hears you. You protest, but your SIM card is already blocked.

 “He who builds his relevance on volume will lose it in silence.”

 

 Clement insider decode of the Day:

 “What do you call a man who opens the gate for a king, then is locked outside the palace?”

 Answer: An ex-kingmaker who didn't read the fine print.

 

 Implication:

 Wike has now joined the El-Rufai Club of Decommissioned Allies—former firebrands turned political orphans.

 And there are more names in Tinubu’s political execution queue. Loyalty is not a shield. It’s a leash.

 If you tug too hard, you disappear.

“In the kingdom of Tinubu, survival is not about merit—it’s about muteness.”

 DEFECTING GOVERNORS: THE DOMINOES FALL WHILE PDP WATCHES.

Okowa and Sheriff are no longer whispering—they’ve crossed the Rubicon.

This isn’t rumor. This is realignment warfare. And like all power shifts in Nigeria, it wears agbada in the daytime but holds a dagger at night. What we are witnessing is not politics— *it is controlled bleeding of the opposition. One by one. Calmly. Efficiently. Like a butcher slicing meat for soup.

 “When the elephant begins to dance, the grass must prepare to die quietly.” 

 

 Strategic Analysis:

 

*Presidency’s Long Game:* 

Tinubu doesn’t need to win elections in opposition strongholds. He only needs to neutralize resistance by absorption, not aggression. Why fight PDP in oil states when you can slowly buy out their captains?

Offer them: 

 ✓ Safety from EFCC.

 ✓ Federal cash flow for states._ 

 ✓ Political future inside the “next national equation.”

“You don’t destroy the house by fire—you remove the nails one by one.”

The Niger Delta Squeeze:

 Okowa was Atiku’s running mate, now flipping to APC silently.

Oborevwori is following. This is a tactical power shift of the oil belt—designed to choke PDP’s funding arteries before 2027.

Tinubu is cutting off the oil but smiling while doing it.

 

 Clement Sarcasm Mode:

PDP is watching its governors leave like a husband watching his wife pack bags for another man—and still asking if she’s just going to the market.

They’re not defecting.

They’re defecting with their eyes wide open and a resignation letter in their hearts.

 “A man who sees thunderclouds and still spreads his clothes outside is not praying—he’s pretending.”

 

 Implication:

By Q3 2025, expect the following:

Bayelsa,  and even Akwa Ibom to lean closer to federal structure.

PDP will remain a name without territory, a lion without teeth—just old symbols and empty stadiums.

Tinubu will own the oil map, not through ballots—but through defection diplomacy.

“When your generals dine in the enemy’s camp, your fortress is already conquered.”

 

 Clement insider decode:

 “What do you call a party that still calls itself an opposition but has no territory, no treasury, and no team?”

 Answer: A memory with a logo._ 

 

 CONCLUSION: THE GAME IS NO LONGER STATE VS STATE – IT'S SYSTEM VS SYSTEM.

 This is no longer about Rivers alone. Tinubu is reprogramming Nigeria’s power logic. Through a mix of betrayal, legal trickery, economic control, and strategic silence, he’s building a nationwide pro-presidency network outside formal APC channels._* 

 If successful, this model will crack PDP’s structure, weaken Atiku’s 2027 chances, and replace political alliances with personal pacts.

 

Written by: 

PASTOR CLEMENT CAJETAN OKEREKE

Political Scientist, Strategic Analyst & Research Fellow

 Institute of Political Science and Strategic Studies (IPSS)

 _Founder of Clement Institute of Political Intelligence Network (CIPIN) – Think Tank Academy

Source: SM

Governor Sim Fubara Secures Court Victory Over Wike, Tinubu 's State of Emergency as Federal High Court Orders Sole Administrator to Vacate River Government House

A Federal High Court sitting in Port Harcourt Tuesday ruled in favor of Rivers State Governor

Siminalayi Fubara of the Peoples Democratic Party (PDP) and against the sole administrator imposed by the President Bola Ahmed Tinubu led APC federal government.

The court ordered the immediate removal of the Sole Administrator appointed by the President from the River State Government House.

In it's decision, the court gives the Tinubu-backed appointee 48 hours to vacate the premises, reaffirming Governor Fubara’s constitutional mandate as the duly elected leader of Rivers State.

The ruling, follows months of escalating political tensions between Governor Fubara and his estranged political godfather, former governor and current Minister of the Federal Capital Territory (FCT), Nyesom Wike. 

The political crisis intensified after the controversial appointment of a Sole Administrator by President Tinubu, which many legal experts and political observers deemed unconstitutional and a breach of democratic norms.

Justice Boma Diepriye, who presided over the case, ruled that the appointment of a Sole Administrator to oversee the affairs of a state with a sitting, democratically elected governor is “illegal, null, and void.”  Emphasizing that the Nigerian Constitution provides no room for such an appointment in a federating unit where a governor has neither been impeached nor incapacitated.

In his reaction to the judgment, Governor Fubara hailed the ruling as a “victory for democracy and the rule of law.” 

Speaking to a jubilant crowd of supporters outside the courthouse, he said, “The will of the people has once again triumphed over political manipulation and executive overreach. I remain committed to serving the good people of Rivers State without fear or favor.”

Meanwhile, legal representatives of the federal government are expected to file an appeal in the coming days, signaling that the political standoff may not be over yet.

Political analysts are calling the judgment a significant blow to the influence of Nyesom Wike, who has been accused by critics of using federal might to undermine his successor.

This decision not only reaffirms Sim Fubara's legitimacy but also sets a precedent in curbing excessive interference by the federal government in state matters.

As Rivers State awaits the departure of the embattled Sole Administrator, attention now turns to how this ruling will reshape the power dynamics in both the state and national political arenas.

Tinubu as yesterday’s rebel and today’s tyrant, By Farooq A. Kperogi

President Bola Ahmed Tinubu’s demonstrably unconstitutional suspension of the elected leaders of Rivers State and his illegal imposition of a retired military lickspittle as sole administrator in the exercise of his otherwise constitutional privilege to declare a state of emergency in any part of the country is the latest addition in a long list of instances of his embrace of the very things he once resented and fought against when he was outside the reins of federal power.

For example, he was brutally censorious of Goodluck Jonathan’s withdrawal of fuel subsidies in 2012. He expressed sentiments in writing and in speeches that resonated with the angst of the masses. He even helped finance a nationwide mass protest that so convulsed the country that Jonathan was compelled to back off his plans.

Yet, one of the first acts Tinubu did as a president in May 2023 was to announce an economically and socially disruptive withdrawal of fuel subsidies that has deepened poverty, annihilated the middle class, and ruptured the very fabric of Nigerian society.

Again, when Olusegun Obasanjo unconstitutionally suspended Plateau State’s Governor Joshua Dariye—along with state legislators— in May 2004 and appointed General Chris Ali as the state’s sole administrator, then Governor Bola Ahmed Tinubu of Lagos rightly called the act “illegal.”

“It is unfortunate and illegal,” he said. “This has to be discouraged. It is a bad precedent. What the president of the country has done, I pray it doesn’t stand.”

In fact, when Goodluck Jonathan declared states of emergency in the three northeastern states of Borno, Yobe, and Adamawa without suspending the elected leaders of the states, which I commended in a May 25, 2013, column titled “The Malcolm Xian Logic in Jonathan’s Praiseworthy Boko Haram Offensive,” Tinubu condemned it as unacceptable federal overreach.

“No governor of a state in Nigeria is the chief security officer,” he said. “Putting the blame on the governors, who have been effectively emasculated, for the abysmal performance of the government at the centre which controls all these security agencies, smacks of ignorance and mischief.”

He contended that Jonathan’s action “seeks to abridge or has the potential of totally scuttling the constitutional functions of governors and other elected representatives of the people” and that it would be “counterproductive in the long run.”

Given an opportunity to give materiality to the principles he espoused when he had no access to federal power, he has become indistinguishable from, and in many cases worse than, the objects of his erstwhile censure.

Tinubu now implements the same policies he once condemned and has become the same personality he once reviled. He exemplifies the aphoristic wisdom (often attributed to historian Ariel Durant or her husband Will Durant) that says, “Today’s rebel is tomorrow’s tyrant.” In Tinubu’s case, he was yesterday’s rebel and today’s tyrant.

Why do most people who initially invested symbolic and political capital in fighting against authority or oppression eventually become the very oppressors they once resisted? Why do firebrands and idealists often morph into the very thing they once denounced after assuming power?

The evidence of history shows us that resistance to tyranny can, and often does, end in new tyrannies. Critics of war or corruption frequently adopt those same practices when they find themselves in the circles of power.

So, this is beyond Tinubu as a person, who probably never really had any principles to begin with, whose resistance to past oppressive policies was probably mere calculative opportunism.

But why do previously genuinely adversarial people become the very things they once opposed with such regularity? Observers from psychology, philosophy, and political theory have long studied this phenomenon.

A previous column I wrote (and republished twice) on the psychology of power pointed out that “people under the influence of power are neurologically similar to people who suffer traumatic brain injury” and posited that situational, power-induced brain damage may be responsible for this.

Philosophers have also grappled with the paradox of noble ideals curdling into oppression. Friedrich Nietzsche, for example, famously warned of the moral danger that comes with fighting evil too intensely. “He who fights with monsters should look to it that he himself does not become a monster,” Nietzsche wrote, adding, “if you gaze for long into an abyss, the abyss gazes also into you.”

Nietzsche’s metaphor speaks to how the struggle for power or justice can warp people’s souls. Revolutionaries and reformers, in attempting to vanquish a “monster” (e.g. a tyrant or an unjust system), may take on the very methods and mindset of that monster.

His concept of the “will to power” also suggests that the drive to attain power can override other moral constraints, so that once the will to power is unleashed, individuals rationalize actions that serve dominance.

French theorist Michel Foucault provides another lens through which we can make sense of the phenomenon of people taking on the very methods and mindset of the beasts of power they once fought.

He said, “Power is everywhere; not because it embraces everything, but because it comes from everywhere.” By that, he means no one is ever truly outside power relations; even the most vicious critics of the most monstrous regimes operate within a field of power. Once the critics take control, he said, they often reproduce the very power dynamics they once criticized, even if their rhetoric changes.

The line between oppressor and liberator can blur: the roles may switch, but the play remains the same. Foucault’s insight is that systems of power tend to self-perpetuate, regardless of who is at the helm, unless conscious effort is made to dismantle those underlying structures.

In other words, a change in leadership without a change in what Foucault calls the “microphysics of power” is likely to yield similar repressive outcomes. The new boss becomes “same as the old boss,” because the circuitry of power channels them into that role.

That’s why the sadly familiar pattern of “condemning in opposition, then doing in government” is so widespread that it almost seems like a political law of gravity. It’s good to bear this in mind as we read and listen to the pronouncements of current “opposition” politicians who seem like they identify with popular causes and sentiments.

Like Tinubu, today’s opponents of executive overreach may extend their own executive powers once they have the opportunity.

Like Tinubu, they will have a story to tell themselves and the public to justify their U-turn: the situation is different, their actions are for the greater good, their previous stance was based on incomplete information, etc. And indeed, sometimes circumstances do legitimately change.

But when the dust settles, the outcome looks awfully familiar. Pro-democracy activists become a congress of tyrants and justifiers of tyranny; the fierce social critic and human rights activist who once decried abuses now defends them; the liberator who once raged against oppressors now only liberates his stomach. As the Roman philosopher-politician Cicero once wrote, “It is easier to criticize than to do better.”

Fortunately, this cycle is not inevitable. Many thinkers advocate checks and balances, institutional limits, and personal integrity as antidotes, although even those seem to be insufficient.

Nigeria’s National Assembly, as we have seen in the last few years, particularly in the last few days, can neither check nor balance the excesses of the executive. It’s a slavish extension of Aso Rock. The voices of the few honest, conscientious ones among them are drowned out by the cacophony that the rapacious, unprincipled, mercenary self-seekers among them, who constitute the majority, emit. The judiciary is even worse.

It is easy to be disillusioned and to surrender amid this reality. To be frank, I have found myself in that state many times. But power must be continually guarded and checked. Philosopher Hannah Arendt observed that only constant vigilance and a commitment to plurality and law prevent rebels from calcifying into tyrants.

We must all do our part to hold people in power to account, even if we’re not sure we would do better ourselves. At this point, the only check and balance against creeping tyranny is the democratic rebellion of the people.

PRESIDENT TINUBU CANNOT LEGALLY REMOVE AN ELECTED GOVERNOR OF A STATE

BY

PROF MIKE A. A. OZEKHOME, SAN, CON, OFR, LL.D

 

INTRODUCTION

In an era where democracy is supposed to reign supreme giving democracy dividends to beleaguered Nigerians, the nation has once again found itself at crossroads, a sober moment of reckoning where constitutional order is being tested in the most brazen of ways. President Bola Ahmed Tinubu, the president of the Federal Republic of Nigeria, sworn to uphold the Constitution, has taken a most unprecedented and unlawful step: the suspension of a democratically elected Governor, Deputy Governor and an entire State House of Assembly under the thin guise of emergency rule. What emergency? Nigerians and Rivers people did not see or feel any such emergency. 

Let me be very firm most  categorically and unequivocally that no constitutional provision,statute or any known convention grants the President the imperial and dictatorial authority to single-handedly dissolve the structures of an elected state government.That may probably have been in the locust days of military juntas; but Nigeria is today not under the firm grip of a military dictatorship. The last time I checked, she is supposed to governed under a constitutional democracy that operates a presidential and republican form of government. The emergency provisions under Section 305 of the 1999 Constitution exist to restore order only in times of grave national crisis; certainly not to topple duly elected state officials. Lois X1V of France as an absolute dictator could not have done better and would therefore green with envy from his cold grave,having on 13th April, 1655, stood in front of parliament and imperiously exuded," L'Etat C'est Moi" ("I am the State" ).A state of emergency does not and cannot translate to a civilian coup d’état, executed by executive fiat through a national broadcast which torpedoed elected structures and whimsically imposed a sole Administrator who would now illegally receive Rivers State allocations from the Federation account under section 162 of the Constitution contrary to the very judgement of the Supreme Court which President Bola Ahmed Tinubu pretended to be executing.We have seen this script play out before during the infamous 2004 Plateau State emergency, where former President Obasanjo suspended Governor Dariye in what was widely condemned as a travesty of constitutional governance. Then, as now, the excuse was “exceptional circumstances"; but the reality was nothing short of executive lawlessness and overreach masked as national interest.I had criticized it in the same way I also criticized those of former Presidents Olusegun Obasanjo and Goodluck Ebele Jonathan 

And now, as Rivers State stands at the centre of this unfolding simulated constitutional debacle, one must ask: Is this the signal of a dangerous precedent for and kite-flying to Nigeria, of a looming maximum dictatorship in the offing in a one-party State? Will other “erring” Governors who refuse to align with the central government be next in line? Are we witnessing the return of a

dangerous era of impunity where emergency rule becomes the bludgeon of political control rather than a tool for stability?

PROF MIKE A. A. OZEKHOME

Let me be very clear about this for historical purposes: President Tinubu clearly lacks the power,authority and vires to suspend democratic structures, especially the removal of Governor Sim Fubara and the Rivers State House of Assembly members. His act constitutes nothing but a gross constitutional aberration and a most illegal, unlawful, wrongful and unconscionable step that has the potential of imploding Nigeria at large and Rivers State in particular.The Constitution must stand hallowed, unassaulted,or democracy will fall and perish. Although time shall tell,but time is certainly not on our side. 

 

THE CONSTITUTIONAL FRAMEWORK FOR A STATE OF EMERGENCY

The Oxford Advanced Learner’s Dictionary, at page 379, defines “Declaration” as an official or formal statement, especially about the plans of a Government or an organization; the act of making such a statement.

Declaration or proclamation of a state of emergency therefore means proclaiming or making known a situation of emergency. What does “emergency” itself mean?

Emergency Doctrine is variously referred to as “emergency”, “imminent peril” or “sudden peril” Doctrine [Black’s Law Dictionary, 6th Edition, Page 523)

A “state of emergency” is defined in Longman Dictionary of Contemporary English (P.1620) as

“when a government gives itself special powers in order to try to control an unusually difficult or dangerous situation, especially when this involves limiting people’s freedom”

“Emergency powers” are such powers as are conferred on a Government during such an unusual situation to hold the state together.

The Constitution  in Section 305, of the Federal Republic of Nigeria as altered (the organic law and grund norm of the land) embraces three adjuncts of a declaration of a state of emergency:  (1)  Reasons for proclaiming it;  (2)  How it is proclaimed;  (3)  How it can be halted both before and after its proclamation. It also envisages two types of State of Emergency: (i) By Mr. President under Section 305 (3) (a) and (b), when the Federation is at War; or the Federation is in imminent danger of invasion or involvement in a state of war. (ii) The scenario where it is the Governor of a State who personally calls for the state of emergency under situations envisaged in Section 305 (3) (c), (d) and (e). This occurs where the threat does not extend beyond the boundaries of the State.

Section 305 of the 199 Constitution, as altered, provides:

1) “Subject to the provisions of this Constitution, the President may by instrument published in the Official Gazette of the Government of the Federation issue a Proclamation of a state of emergency in the Federation or any part thereof.

2) The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the Proclamation.”

None of the factors envisaged in Section 305 of the Constitution has occurred at all to warrant the steps taken by the president. In present scenario the bi-camera National Assembly had not even first met,discussed and approved the president's emergency proposals before he acted. He did it in advance ( in futuro) in expectation of rubber-stamping by a pliable and malleable NASS.I hereby call on the NASS to show class for once by roundlly rejecting the President’s unconstitutional  act of first declaring a state of emergency before its approval and also for acting altra vires by accompanying it with the suspension of elected democratic structures. This will place them on the right path of history.Otherwise,they should be prepared to be damnified by history. 

I must emphasize that the declaration of a state of emergency does not translate into a dissolution of governance structures within the affected state. Under a state of emergency, the Governor, as the chief executive of the state, remains in office,whilst the institutions of government at the state level continue to function,unless expressly provided otherwise by law.There is no such law in Rivers State or at the national level. 

The framers of the 1999 Constitution were deliberate in ensuring that the power to declare a state of emergency is not an avenue for executive overreach or imperious excursion into the realm of narcissm or ego trip. While the President may take extraordinary measures to maintain peace and order, those measures must align with the provisions of the Constitution. There is no provision howsoever, express or implied, that allowed President Tinubu to remove a sitting Governor and state House of Assembly legislators under the thin  guise of emergency powers. There is no war in Nigeria. There is no threat of external aggression or invasion either across the country or in Rivers State. All that we have seen have been tussle for power between the Governor and the House of Assembly and the courts had already waded in with the Governor declaring he would comply with the Supreme Court's judgement.A mere blow  up of oil pipes in two communities by unidentified persons certainly does not constitute a war or external invasion situation.

 

THE PRINCIPLE OF SEPARATION of POWERS AND FEDERALISM 

Nigeria operates a federal system of government, which means that power is divided and shared between the federal, state and Local Government Areas.governments. This structure is designed to prevent excessive concentration of power in any one level of government,for as Lord Acton once explained, "power tends to corrups and absolute power corrupts absolutely". The President’s authority over the states is limited, just as a Governor cannot interfere with presidential functions at the federal level.

Furthermore, the principle of separation of powers, a cornerstone of constitutional democracy as ablly propounded in 1748 by a great French philosopher, Baron de Montesquieu,ensures that no single branch of government has unchecked authority. The removal of a Governor is a matter strictly within the purview of the State House of Assembly, as stipulated under Section 188 of the Constitution. The process is quite detailed, lengthy and rigorous; and requires a legislative super majority to accomplish. It is not a power and prerogative the President can usurp and exercise as did President Tinubu, regardless of the circumstances.

 

CAN THE PRESIDENT SUSPEND OR REMOVE A SITTING GOVERNOR, DEPUTY GOVERNOR, OR HOUSE OF ASSEMBLY EVEN UNDER A STATE OF EMERGENCY?

Nigeria stands at a critical juncture in its democratic evolution. Recent developments in Rivers State, where President Bola Ahmed Tinubu purportedly suspended Governor Siminalayi Fubara, his Deputy, and the entire House of Assembly, call for a meticulous constitutional examination and analysis. At the heart of this matter lies an age-old question: Can the President, under the guise of emergency rule, lawfully suspend or remove a democratically elected Governor, Deputy Governor, or Legislature?

The answer, based on constitutional provisions, legal precedents and the very principles of federalism which we operate, is an unequivocal NO. The 1999  Nigerian Constitution (as amended) does not, under any circumstance, empower the President to remove, suspend, or torpedo duly elected state officials even under Section 305, which governs the declaration of a state of emergency.

 

THE CONSTITUTIONAL LIMITS OF EMERGENCY POWERS 

In no place does Section 305 of the 1999 Constitution grant the President the power to suspend a Governor, Deputy Governor, or the State House of Assembly. This reality is backed by constitutional jurisprudence and was reaffirmed in Attorney-General of Abia State v. Attorney-General of the Federation (2002) 6 NWLR (Pt. 763) 265, where the Supreme Court clarified that the Constitution is supreme and that no authority including the President can act outside its provisions.

Yet, this is not the first time that Nigeria has witnessed an outright abuse of emergency powers. Former President Olusegun Obasanjo’s 2004 suspension of Plateau State’s Governor Joshua Dariye and the House of Assembly remains a painful reminder of how emergency provisions have been misused to subvert democratic structures.

That unconstitutional precedent, which many Nigerians condemned then as  executive overreach reminiscent of military juntas, appears to have resurfaced in Rivers State where President Tinubu’s action has eerily followed that same better-forgotten pattern, with the Judiciary left untouched as a token concession to constitutionalism. But can democracy survive when two out of the three arms of government are arbitrarily dissolved? I believe not.

 

FEDERALISM, SEPARATION OF POWERS, AND THE ROLE OF STATE GOVERNMENTS 

Nigeria operates a federal system, meaning that power is distributed between the central and state governments, as explicitly outlined in Sections 4, 5, and 11 of the 1999 Constitution. Under this system, a Governor is not an apron string of or mere extension of the Presidency. He is  an independently elected authority answerable to no one but only the people of his state who elected him.

The Constitution does not permit a President to unilaterally whimsically and arbitrarily remove a Governor—not by fiat; not by emergency decree; and certainly not by mere executive pronouncement. The doctrine of separation of powers, a fundamental pillar of democracy, dictates that such removals must be carried out strictly in accordance with constitutional provisions.

This principle was reinforced in Attorney-General of Ogun State & Ors v. Attorney-General of the Federation & Ors (1982) 3 NCLR 583, where the Supreme Court ruled that the Federal Government cannot unilaterally impose duties or restrictions on state officials. This means that even if a state of emergency is lawfully declared, the Governor remains in office unless impeached through due process.

The Constitution provides only one legal pathway for the removal of a state Governor, and that is through impeachment, as stipulated in Section 188 of the Constitution. The process is legislative, not executive, requiring a State House of Assembly to initiate and conduct impeachment proceedings as dictated by the Constitution. In any event, the Rivers State House of Assembly ( whether rightly or wrongly) had already commenced one against the Governor. Why truncate the constitutional process through an unconstitutional executive fiat? Why? Why?? Why???

 

THE PUBLIC ORDER ACT AND THE LIMITS OF FEDERAL CONTROL 

Some have sought,in most illogical and unscholarly manner, to justify the President’s emergency intervention in Rivers State under the masquerade and facade of maintaining public safety. They cite the Public Order Act, which grants state Governors powers over public assemblies, meetings, and processions. However, even this statute does not authorize the suspension of an entire government structure.

The irony, of course, is that while Governors are designated as the Chief Security Officers of their states, they lack actual control over security forces. Section 215 of the Constitution subordinates a State Commissioner of Police to the Inspector General of Police and the President, meaning that even if Rivers State were  experiencing insecurity, it was ultimately to the same traducing Federal Governmen it would have turned to.

The absurdity of this power imbalance,even though Rivers State had not gotten there, was noted in Attorney-General of Abia State v. Attorney-General of the Federation (2002) 6 NWLR (Pt. 763) 264, where the Court observed that the Federal Government cannot pass the blame for state security failures to a Governor who lacks the constitutional means to deploy security personnel.

 

THE ROLE OF THE NATIONAL ASSEMBLY: A CONSTITUTIONAL FIREWALL?

Even if the National Assembly, sought to legislate on emergency rule, section 11(4) of the 1999 Constitution explicitly prohibits it from removing a Governor or Deputy Governor. This means that not only does the President lack the power, but even the National Assembly itself is equally barred from such unconstitutional act.

Prof. Ben Nwabueze, one of Nigeria’s foremost constitutional scholars, had long warned that allowing a President to wield unchecked emergency powers would erode democracy and lead to an authoritarian system where Governors served as vassals at the pleasure of the President rather than the electorate.

In line with this reasoning, Chief F.R.A. Williams had condemned the Plateau State emergency declaration as “a contradiction of all known principles of true federation operating in a democratic society.” Are we not now witnessing history repeat itself in Rivers State?

 

THE PRINCIPLE OF EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

One of the most fundamental principles of statutory interpretation is expressio unius est exclusio alterius, meaning that the explicit mention of one thing implies the exclusion of all others. Sections 4 and 5 of the 1999 Constitution donate specific executive and legislative powers; but nowhere do they mention any inherent powers allowing the President to remove Governors undemocratically.

This principle was applied in Attorney-General of Bendel State v. Aideyan (1989) 4 NWLR (Pt. 118) 187, where the Supreme Court held that powers not expressly granted by the Constitution cannot be assumed. Thus, any claim that the President possesses inherent emergency powers to remove a supposedly erring Governor is legally baseless.The President can not dorn the garb of a Primary School headmaster who has absolute control over and supervises his pupils

 HOW A GOVERNOR MAY BE REMOVED FROM OFFICE 

If Not the President, then who can remove a Governor under emergency rule? The answer remains the State House of Assembly as the only body constitutionally empowered to initiate impeachment proceedings against an erring Governor.

Under Section 188, impeachment is a rigorous and multi-step process, requiring:

a.. A written notice signed by at least one-third of Assembly members;

b. A two-thirds majority vote to proceed further;

c. The formation of an investigative panel by the state Chief Judge;

d. A full blown hearing granting the Governor a right to defence either by himself or through a counsel of his choice;

e. A final two-thirds majority vote for removal after thorough hearing, recommendations, etc.

If a Governor remains in office, it is because the State House of Assembly has not found legal grounds for removal. The President’s personal opinions, political considerations, or security concerns do not change this constitutional scenario. 

 

ANY HISTORICAL PRECEDENT FOR RIVERS STATE?

The declaration of a state of emergency in Rivers State and the subsequent suspension of Governor Siminalayi Fubara, his Deputy, and the State House of Assembly by President Bola Ahmed Tinubu brings Nigeria into another moment of constitutional crisis and democratic reckoning. While this may appear to be a novel occurrence, history reminds us that this is not the first time a Nigerian President had wielded emergency powers in a manner that undermined the very very essence of democracy.

Emergency rule in Nigeria has precedents, but each instance had always been marred by legal controversy, constitutional breaches and political opportunism. The most striking parallel to Tinubu’s action in Rivers State can be drawn from the 2004 Plateau State emergency declared by former President Olusegun Obasanjo. In that case, Obasanjo had suspended the Governor and the State House of Assembly, replacing them with a Sole Administrator, Major-General Chris Alli (Rtd.). That action was roundly criticized as an overreach of executive power, much like what is unfolding today in Rivers State. I was one of the critics. 

However, even further back in Nigeria’s history, the Western Region crisis of 1962 under the First Republic presents another instructive example. Under the 1960 Independence Constitution, the then Governor-General, Dr. Nnamdi Azikiwe, acting on the advice of Prime Minister Tafawa Balewa, had declared a state of emergency in the Western Region due to political turmoil. Balewa had removed the Premier, the Governor, all Ministers, and members of the Regional Assembly, installing Dr. Moses Majekodunmi as Sole Administrator.

The striking difference, however, is that this took place under a Westminster parliamentary system, where Parliament held sovereignty. In contrast, Nigeria’s current presidential system operates under constitutional supremacy, not parliamentary supremacy. The framers of the 1999 Constitution deliberately excluded any provision that would allow such sweeping executive powers, particularly those that could enable a President to remove a sitting Governor or dissolve a State House of Assembly under emergency rule.

 

WHY TINUBU ’S EMERGENCY RULE IN RIVERS STATE IS UNPRECEDENTED 

Even within the history of emergency rule declarations, Tinubu’s action in Rivers State is particularly alarming. While previous Presidents who declared emergency rule (Balewa in 1962 and Obasanjo in 2004) did so under questionable legal interpretations, they at least had some statutory backing, however flimsy.

Tinubu, on the other hand, has no legal foundation whatsoever to suspend an elected Governor, Deputy Governor, or the State House of Assembly. There is no enabling law, no precedent under the 1999 Constitution, and no Supreme Court ruling that grants the President such sweeping powers.

The 1999 Constitution, as amended, is as clear as a whistle that section 305 which grants the President powers to declare a state of emergency does not provide for the removal or suspension of an elected Governor.

Section 11(4) explicitly denies even the National Assembly the power to remove a Governor under emergency rule; meaning it certainly cannot authorize the President to do so.

The principle of federalism, which underpins Nigeria’s governance structure, dictates that Governors derive their mandate directly from the people and not from the President.

 

WHAT COULD HAPPEN IF THIS PRECEDENT IS ALLOWED TO STAND?

One of the most dangerous aspects of President Tinubu’s action is the precedent it sets for the future of democracy in Nigeria. If a President can wake up one morning and, under the guise of an emergency, remove a Governor and dissolve the State Legislature, what prevents the same President or future Presidents from doing the same in other states?

In fact, if the logic of this unconstitutional action is stretched further, it raises an even more disturbing possibility:

What if a President wakes up tomorrow and declares an emergency in the Federal Capital Territory (FCT)? The Constitution recognizes the FCT as a state.

Could the President then suspend the Senate and the House of Representatives that supervise the FCT and appoint himself as Sole Administrator of the FCT and Federal Republic of Nigeria?

These hypothetical scenarios, once dismissed as absurd,l in my earlier  research have now become real threats when constitutional violations are left unchallenged and unchecked.

 

 

PRESIDENT TINUBU ’S ATTEMPT TO RELY ON NONEXISTENT EMERGENCY LAWS 

To compound the legal crisis, Tinubu’s government seeks to justify its actions by invoking emergency regulations that do not exist in Nigeria’s current legal framework. The 1961 Emergency Powers Act, which was made pursuant to Section 65(1) of the 1960 Constitution, is no longer in force. That law had allowed the Governor-General to make sweeping regulations, including appointing an Administrator, restricting fundamental rights, and even suspending state governments.

However, this law ceased to have effect long ago. When Nigeria transitioned from the Westminster system to the presidential system in 1979, the framers of the Constitution deliberately omitted any provision that could allow such broad emergency powers.

The Laws of the Federation of Nigeria, 1990,provide a clear confirmation: the 1961 Emergency Powers Act is described as “omitted; spent”. This means that it has since been consigned to the vehicle of historical oblivion  and cannot be resurrected to justify Tinubu’s current unconstitutional acts.

 

A CLOSING CAVEAT: THE PERILOUS PRECEDENT OF TINUBU’S EMERGENCY RULE IN RIVERS STATE

Not a few Nigerians have argued quite plausibly, too, that President Bola Ahmed Tinubu’s recent declaration of emergency rule in Rivers State and the suspension of Governor Siminalayi Fubara, his Deputy, and the State House of Assembly was not purely a matter of law and order, but an act driven by political expediency and personal indignation.

The President finds himself presiding over a nation teetering on the brink economic hardship, rising insecurity, public angst,and deep-seated political fractures. Yet, rather than confront these crises headlong with statesmanship, his administration appears to be flexing emergency powers in a manner that raises more questions than it answers. If Rivers State warranted emergency rule, why then have states like Zamfara and Niger where armed bandits and insurgents have reduced governance to an afterthought not received the same treatment?

Even the most ardent defenders of Tinubu’s emergency Decree ( for a Decree it is in reality) must pause and ask: Is Rivers State the greatest threat to national stability, or is it merely the most convenient political battleground? If emergency rule in Rivers was truly about law and order, why was a hand-picked Administrator imposed while duly elected officials were unceremoniously suspended from office? Is this about democratic governance, or is it about power and control?

If Nigeria remains a constitutional democracy, then the same Constitution must apply to all, irrespective of political affiliation or convenience. If Tinubu’s draconian action in Rivers State is allowed to stand, it sets a dangerous precedent where emergency powers become a tool for political suppression and repression rather than a last resort for genuine intractable crises.

So, the question remains: Is this the Nigeria we want or deserve? Or shall we, in our studied silence, watch democracy dismantled piecemeal with onevemergency declaration at a time? History will surely judge us all.

The Tinubu-led Federal Government should restore elected officials in Rivers State - Mallam Nasir El-Rufai

Former Governor of Kaduna State Mallam Nasir El-Rufai has called on the Bola Hamed Tinubu led APC federal government to restore elected officials in Rivers State.

According to the SDP Chieftain, there are things that are so clearly wrong that the justifications summoned in their defence fall flat. The decision of Mr. President to suspend the elected officials of the Rivers State Government is one of those.

El-Rufai said, our country’s Constitution does not support it precisely because it is dangerous to our system of democratic federalism for an elected president to assume and exercise powers to suspend elected officials at the State level. The responsibilities of a president are heavy and extensive, but they are constrained by the Constitution and the law and certainly do not include firing persons who were elected.

The security issues cited in the President’s speech surely deserve the most serious attention and sustained efforts to contain the threats and preserve vital national infrastructure. That is a duty that we ought to vigorously support the security agencies to successfully discharge. A state of emergency could surely have been proclaimed to grant the relevant security agencies the extraordinary powers and necessary resources to enable them to address the problem. Extending the provisions of such an emergency regime to include the dismantling of democratic structures is a wanton aggression against democratic tenets and the rule of law. The Supreme Court has conclusively declared the suspension of elected officials unlawful in the Dariye vs.Attorney General of the Federation. 

It is my view that Mr. President should review this decision and return to the path of constitutionalism and the rule of law. As an opposition figure, Senator Bola Tinubu had made his voice heard against the decision of then President Goodluck Jonathan to declare a state of emergency in the North-East, even when that decision did not extend to the suspension of elected officials and institutions. A similar reconsideration is warranted in this case to contain the damage done to the people of Rivers State, and restore the Federal Government to compliance with the Constitution.

Let us not keep silent while the slippery slope of replicating the events of emergency rule in the old Western Region in 1962 unfold before our very eyes. I appeal to all patriots and voices of reason to join in calling an end to this gross violation of the Constitution and disrespect for the rule of law. He said.

PRESS RELEASE: SPEECH FROM FUBARA AFTER THE DECLARATION

 

My dear Rivers People,

I address you today with a deep sense of responsibility and calm, as we navigate this unfortunate moment in our state’s political history. 

Since assuming office as your Governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.

We prioritized the protection of lives and property and ensured the continuous progress of our dear State. 

Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.

This was why, immediately after Mr. President’s intervention to broker peace, we did not hesitate to implement the agreed terms in good faith, including welcoming back commissioners who had previously resigned on their own volition. 

Furthermore, we moved swiftly to comply with the Supreme Court's judgement immediately we received the certified true copy of the judgement to return the state to normalcy. 

These steps were taken not for personal gains but to foster peace, unity and stability in our dear State.

Unfortunately, at every turn, members of the Rivers State House of Assembly frustrated our efforts, thus making genuine peace and progress difficult.

Our priorities remained the security of lives and property and advancing the well-being and prosperity of Rivers people. 

Yes, we have political disagreements, but good governance had continued, salaries have been paid, and great projects were being executed to move the State forward. Above all, Rivers State is safe, secure and peaceful under our watch.

At this critical time, I urge all Rivers people to remain peaceful and law-abiding. We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.

We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.

God bless Rivers State. 

God bless the Federal Republic of Nigeria.

Sir Siminalayi Fubara, GSSRS

Suspension Of Elected Officials In Rivers State, An Aberration, Slap On The Constitution

 

By Dr. Farah Dagogo 

The Declaration of a State of Emergency in Rivers State by President Bola Ahmed Tinubu raises serious constitutional questions under the 1999 Constitution of the Federal Republic of Nigeria (as amended) 

1. Power to Declare a State of Emergency: Section 305 of the 1999 Constitution

Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) outlines the conditions under which the President may declare a state of emergency. Specifically: Section 305(1) The President may, by instrument published in the Official Gazette issue a proclamation of a state of emergency in the Federation or any part thereof

Section 305(3) states that the President may only declare a state of emergency in a state if:  

(a) The Governor of the state, with a resolution supported by two-thirds majority of the House of Assembly, requests the President to do so; or  

 (b)There is actual breakdown of public order and public safety requiring extraordinary measures; or  

 (c)There is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof; or  

 (d) There is an occurrence or imminent danger of invasion, war, or insurrection; or

  

 (e)There is a natural disaster or public health emergency; or  

 (f)There is any other danger threatening the existence of the Federation.  

Since President Tinubu admits that the Governor and Deputy Governor did not request the proclamation (as required under Section 305(5), the legal basis for this declaration rests on whether public order and public safety have truly broken down, justifying the invocation of emergency powers.

2. Legality of the Suspension of the Governor, Deputy Governor, and State House of Assembly. 

One of the most controversial aspects of the declaration is the suspension of the Governor, Deputy Governor, and State House of Assembly Under the 1999 Constitution:  

The only legal way to remove a Governor or Deputy Governor is through impeachment by the State House of Assembly under Section 188.

- The Constitution does not grant the President the power to suspend or remove a Governor or Deputy Governor outside the impeachment process or a valid resignation.  

Section 11(4) and (5) states that only the National Assembly can take over legislative functions of a State House of Assembly in cases where it cannot function. It does not allow for the suspension of elected lawmakers.  

Given these constitutional provisions, President Tinubu’s suspension of elected officials is unconstitutional, as there is no provision in the 1999 Constitution granting such powers. Even during a state of emergency, the Governor and Deputy Governor remain in office, unless removed in accordance with constitutional procedures.

3. Appointment of an Administrator: Constitutional Implications

The appointment of Vice Admiral Ibokette Ibas (Rtd) as the Administrator to govern Rivers State raises another constitutional issue. The 1999 Constitution does not recognize the office of an "Administrator" in place of an elected Governor, The Constitution only provides for:  

A Governor elected by the people (Section 176(1)). A Deputy Governor elected alongside the Governor (Section 186)

The only situation where an unelected official can assume control of a state is under military rule, which is not applicable under a democratic system governed by the 1999 Constitution.

4. Role of the National Assembly in Approving the State of Emergency

Under Section 305(2) and (6), the President must transmit the emergency proclamation to the National Assembly for approval within two days. If the National Assembly does not approve it within 10 days, the proclamation ceases to have effect. 

Thus, for this declaration to be valid, it must receive the backing of the National Assembly. If the National Assembly does not approve it, the state of emergency becomes null and void. 

5. Judicial Interpretation and Possible Legal Challenges. 

Given the constitutional breaches in the proclamation, there are strong grounds for legal challenges in court. The Supreme Court’s pronouncement in A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC) reaffirms the principle that the President must act within constitutional limits, even in extraordinary situations.

The affected officials—Governor Fubara, his Deputy, and the State Assembly members—can challenge the suspension in court, arguing that:  

- The Constitution does not empower the President to suspend elected officials 

- The appointment of an unelected Administrator violates democratic principles.  

- The National Assembly must approve the state of emergency before it takes effect. 

Conclusion: Is the State of Emergency Constitutional?

While the President has the power to declare a state of emergency under Section 305, the suspension of elected officials and appointment of an Administrator exceed constitutional limits. Any action outside the scope of the 1999 Constitution is illegal and could be overturned by the courts.

Tinubu declares A State Of Emergency in Rivers State , Appoints Nyesom Wike's Alley Vice Admiral Ibok-Ete Ekwe Ibas As Sole administrator

Following the presidency sponsored protracted crises in Rivers State in which a cabinet member and Minister of FCT Nyesom Wikhas been the mastermind of the entire political unrest, President Bola Ahmed Tinubu has declared a state of emergency in Rivers State, suspending the Governor and his deputy as well as state house of assembly members for the period of six months, appoints Vice Admiral Ibok-Ete Ekwe Ibas as a sole administrator for the state.

During his tenure as Naval Chief (2015–2021), Ibas worked closely with Nyesom Wike’s administration to combat piracy, oil bunkering, and militancy in Rivers’ volatile creeks. 

Key collaborations includes, Operation Delta Safe, Joint military-police ops to secure oil installations, Intelligence Sharing, Naval support for Wike’s crackdowns on IPOB and cult gangs, Port Security,  Enhanced patrols at Onne Port, a critical oil export hub.

Text of the Broadcast by Bola Tinubu 

Meet The New Administrator Of Rivers State

Vice Admiral Ibok-Ete Ekwe Ibas, born on September 27, 1960, in Nko, Cross River State, Nigeria, is a distinguished Nigerian naval officer and diplomat. He served as the 22nd Chief of Naval Staff of the Nigerian Navy from July 2015 until his retirement in January 2021. In recognition of his exemplary service, he was appointed as Nigeria's Ambassador to Ghana in 2021.

Educational Background and Naval Training:

Ibas commenced his primary education at Nko Primary School and completed it at Big Qua Primary School, Calabar, in 1971. He attended Hope Waddell Training Institute from 1972 to 1976 and the School of Basic Studies, Ogoja, between 1977 and 1979. His naval career began at the Nigerian Defence Academy on June 20, 1979, as part of the 26th Regular Course, leading to his commission as a sub-lieutenant on January 1, 1983.

Throughout his career, Ibas pursued advanced military education, including:

- Sub-Lieutenant Technical Course at INS Venduruthy, India (1983-1984)

- Primary Pilot Training at the 301 Primary Flying Training School, Nigerian Air Force Base, Kaduna (1986-1987)

- Junior Staff Course at the Armed Forces Command and Staff College, Jaji (1990)

- Diploma in Amphibious Warfare from the U.S. Marine Corps University, Quantico, Virginia (1992-1993)

- Underwater Warfare specialization at the Underwater Warfare School, NNS Quorra (1994-1995)

- Senior Staff Course at the Armed Forces Command and Staff College, Jaji (1996-1997)

- National Defence Course at the National Defence College, Islamabad, Pakistan, earning a master's degree in defense and strategic studies from Quaid-i-Azam University (2005-2006)

Naval Career Highlights:

Ibas held numerous key positions within the Nigerian Navy, including:

- Executive Officer on NNS Siri, NNS Ekun, and NNS Ambe

- Commanding Officer of the Nigerian Navy Underwater Warfare School (1997-1998)

- Commander of the Forward Operating Base Ibaka (1998-2000)

- Directing Staff at the Armed Forces Command and Staff College, Jaji (2000-2002)

- Naval Provost Marshal (2003-2004)

- Principal Staff Officer to the Chief of Naval Staff (2004-2005)

EFCC Gets Supreme Court’s Nod to Probe Peter Odili’s Tenure

Odili

In a landmark ruling on Monday, March 10, 2025, the Supreme Court of Nigeria dismissed appeals filed by the Attorney General of Rivers State and the Speaker of the State’s House of Assembly against the leave granted the Economic and Financial Crimes Commission, EFCC, by the Court of Appeal to contest an order of perpetual injunction of Federal High Court, Port Harcourt that barred the Commission from investigating Dr. Peter Odili's tenure as governor of the state.

The dismissal by a five-member panel of the apex court, led by Justice John Okoro effectively cleared the pathway for the Commission to investigate Dr. Odili’s eight year rule of the oil-rich state and brought to an end EFCC’s long-standing legal battle to probe the administration.

The legal dispute took off in 2007 when Odili, who served as Rivers State governor from 1999 to 2007, obtained an order of perpetual injunction from the Federal High Court, sitting in Port Harcourt barring the EFCC from investigating, arresting, or prosecuting Odili, as well as prohibiting the anti-graft agency from examining the finances of the Rivers State Government during his tenure. Though the EFCC has contested the injunction since 2008, the order has effectively shielded Odili from any scrutiny by the Commission for nearly two decades.

In 2018, the Court of Appeal granted the EFCC’s request for leave to appeal the Federal High Court’s decision, which prompted the Attorney General of Rivers State and the Speaker of the State’s House of Assembly to file separate appeals at the Supreme Court, seeking to overturn the appellate court’s decision.

On March 10, 2025, the Supreme Court convened to hear the appeal filed by the litigants, marked SC/CV/318/2018. During the proceedings, Justice Okoro questioned the substance of the case, noting that the appeal was interlocutory in nature. The litigants’s lawyer, S. A. Somiari, SAN, argued that the appeal challenged the leave granted by the Court of Appeal for the EFCC to appeal the 2007 injunction. Justice Okoro, however, interjected, stating, “This is not the type of appeal we hear here,” and advised the parties to return to the Court of Appeal to have the substantive appeal heard before approaching the Supreme Court.

Recognizing the court’s position, Somiari applied to withdraw the appeal while the EFCC’s legal team, led by Abubakar Mahmud, SAN, alongside Sylvanus Tahir, SAN, and B. O. Obialo did not oppose the withdrawal.

Justice Okoro dismissed the appeal, stating, “The appeal is dismissed, having been withdrawn without any objection.”

A similar appeal, marked SC/CV/447/2018, filed by the Speaker of the House of Assembly was dismissed on the same ground.

Source: EFCC 

Still Loyal to Wike, Fubara sacks Rivers traditional council chairman over omission of Governor, deputy's pictures on State traditional council's 2024 calendar

Rivers State Governor Siminalayi Fubara has removed the Chairman of the State Supreme Council of Traditional Rulers Eze Sergeant Awuse.

The removal of Awuse was announced during a special meeting between the Governor and traditional rulers at the Banquet Hall of the Government House in Port Harcourt, the state capital.

The removal was attributed to Awuse's publication of a 2024 calendar that omitted photographs of the Governor and his deputy. 

Announcing Awuse's removal, Fubara said: "I will like to draw your attention to a special insult that was melted to this government. The council produced a calendar for the year 2024, and the governor's picture, the deputy governor's picture was not in the calender. I want to ask you, does it show any sign that that leadership is working with this government?. 

"So I've decided today that we have to move forward. By the special grace of God, the administrative lifespan of the chairman is one year. 

"So at this particular hour, I have to say that 'with the power vested on me, the tenure of Sergeant Awuse is terminated."

Source: X | Symnfoni

The God who rules in the affairs of Wike and Fubara

By Bolaji O. Akinyemi.

Pride they say goes before destruction. Pride is a difficult trait to recognise particularly by those who are proud! Many who are proud are living at the mercy of time for an inevitable destruction that must happen; this of course includes me! May mercy preserve me and you till the day our eyes would be opened to see the seeds of destruction in us, no matter how small and where they are harboured!

 To rid oneself of pride is to accept the humble pie of humility. It is never an easy route but grace can make it easier for a Carmel to pass through the eye of the needle while rich ones proudly stroll in comfort and opulence to hell!

"Whom the gods would destroy they first make mad", goes the saying. I am yet to see the manifestation of madness that is worse than pride! Like a mad man, the proud lives in the realm of puffy spiritual clout and status far above the understanding of those around them. Of course, they are deaf to words and immuned to counsel until what should happen happens! Who is more proud than the other between the duo, only time can reveal!

Politics has been generous to Wike since 1999 when he came on the stage as the Chairman of Obio/Akpor Local Government Area of Rivers State. He was re-elected into the same office in 2003 and completed his 2nd term in 2007!

A very well deserved appointment came his way, having stood with His Exellency Rotimi Amaechi during his political travails. Wike became the Chief of Staff to the Governor Chibuike Rotimi Amaechi, a position he held from 2007 to 2011. From here he was nominated by his Principal for the position of a Minister. Perhaps this was Amaechi's greatest political mistake!

 Wike was appointed the minister of State for Education in 2011, a position he held till 2014, though he later served as the substantive Minister in the same ministry. He returned to Rivers State to contest election into the office of the Executive Governor of the state on the platform of PDP, an election he won in 2015!

His working relationship with the Jonathans deepened while he served as the minister of education but when Amaechi decamped to APC and would bring the PDP house in Rivers State down, Wike knew when to re-define political loyalty and re-align political allegiance. The fallout between Amaechi and Jonathan was the opportunity which Wike grabbed with both hands!

The 2023 game rewarded him with the position of the Minister of Federal Capital Territory!

His Exellency Nyesome Wike is not just a political juggernaut; he is an icon in politics by all standards! His rise in the terrain of politics in Rivers State attests to this, from where he took the national landscape by storm!

The idol in him saw to the humiliation of PDP and the rise of APC in the last general election. If Obi's exit from PDP saw to the death of PDP, the game of Wike buried the party for APC!

Prior to the election, the refusal of PDP to zone presidency to the South was the issue. On this, Wike had the support of some governors from the region and other regions; so when he failed to clinch the ticket, he upped his game, stayed in the party, held his alliance to governors and members of the party who were sympathetic to his course till the damage was done to Atiku Abubakar's ambition!

Mr Project, had enough for foes, friends and fans to come to Rivers State to Commission! From President Obasanjo, Buhari, Oshiomhole, etc all made it to Rivers State to commission one project or the other.  His approach to the 2023 game was loud but subtle. Hardly could anyone tell where Wike was ending. We thought his joker was Peter Obi, among the endless of dignitaries that honoured his invitation to commission a project in Rivers State while Wike held sway. Wike was so sublime that Peter Obi was grateful to him for inviting him to commission Nkpolu-Oroworukwo bridge in a community that was traditionally an Igbo, it was a good way to measure the influence of Peter Obi in the state. The crowd was an attestation to Obi's growing political clout as Wike had issues controlling the crowd who were chanting Obi, Obi, Obi. A platform for strategic communication and Wike didn't miss it, he referred to Obi as colleague of traders who came out in several thousands to welcome him. He reassured the crowd in the presence of Obi that he had no plan to dislodge the Igbo and that the bridge project was the reason he was misunderstood. He didn't forget to tell Obi he was invited to witness his good work so that he can tell his party to forget about Rivers State Governorship election 2023, without making any commitment to Peter Obi who attended the occasion in company of his Vice Presidential Candidate, Dr Yusuf Datti. His bait to the Labour party crowd was effective when he sympathized with Obi on why he has to leave PDP, but he promised to stay back in PDP to see what he saw to! Afterwards, speculations of his support for Obi rent the air among the Obidients across the country. Wike's leg on the ball right or left was not known until the election day!

 When he dropped the ACE, Bola Ahmed Tinubu was his candidate! He worked for him within and outside the book to ensure victory in Rivers State!

Soon after the election, it was the turn of incoming President to come over to Rivers  State to commission a project. Tinubu and Wike both threw the public into frenzy with Wike's request and Tinubu's refusal. Wike's appointment put paid to public impression of a disagreement between the duo!

Wike was the best at the game, playing on the side of Amaechi to outsmart Peter Odili. His hard tackle ended not just the game for Celestine Omehia but his entire political career! Erazing his record and achievements Wike further targeted.  Wike was not just a Governor, he could easily pass for  Monarch with power and influence, marching what was witnessed under ancestral homeland empires! But Wike was a Governor whose terms and tenure were fixated by the constitution. After 8 years in office he must leave power. Our Wike left Office though without leaving Power and the complication of that has engulfed the state in crisis!

The silence and side taking of Abuja on the Rivers crisis is understandable. Those whose portraits are up in less than a year of coming to power for a four year term are already on the road for the 2027 race! Wike of course is not just a necessary evil in the Rivers game. He is a needed one for 2027 in Rivers State!

Goals setting is the way of mortals who should be in gratitude of grace for the day; mortals who are like petals that may not see tomorrow are often found of planning appointments for the day after tomorrow. Inevitably playing God. Wike did, with Sim Fubara, his anointed son in PDP for an election many believed was won by the Labour Party!

 All institutions involved in the election were not just at the call and beckon of Wike, They were at his altar. All indeed of financial oxygen were breathing. Wike is generous to a fault and this worked well for him! 

Wike was very powerful! There was no end to his influence in sight so soon. Or so we thought like mere mortals!

According to Daniel 4:17, But there is a God! I will choose the  EasyEnglish version of the verse; "The angels who watch human people have said this. And this is what they have chosen. So now everyone will know that God rules in the kingdoms of men. He can give kingdoms to anyone that he wants to. And he can cause men who are not important to become kings.”

On whose side the God who rules in the Kingdom of men is; will determine in whose favour the swinging pendulum will hang at the end of the day. 

Has Fubara been silent without any move? no! Though Wike has been loud but Fubara has been deft. The grasses in Rivers State have been the ones suffering in the fight of the Elephant and the its calf!

Structure control is at the heart of this battle while Wike's legs are in and out. Out in APC and in, in PDP, leaving Fubara to grasp for political oxygen in hope of 2027! Fubara shows his master's skills when he reached out to His Exellency Alex Chioma Otti to come over to commission a project in Rivers State. Two things stuck out for me in this move. First, is the performance of LP "without structures" in the last election and the results it produced! Second, is the super performance of the Action Governor that its not just Abians but Nigerians have seen in Otti's handling of Abia State!

Fubara didn't just stop at that, he went further. Obviously attempts at loosening Wike's grip on the state are daily progressing.

A recent dramatic turn of events has shown Governor Fubara's assertion of his authority over the state, dismantling Wike's political stronghold in the process in Rivers State. In the Executive arm this has consumed commissioners and appointees who in the bid to prove their loyalty to Wike had resigned granting Fubara the opportunity to have them replaced by Fubara's loyalists! This, for me is a flawed political move. Politics is local. If Wike had to remain in PDP to damage it from within. Remaining with Fubara would have meant danger from within. The exit for Fubara to fill is minus for the Wike side. Though Wike is in a position to fix them up, that would be in the FCT and the battle is local!

The Legislature is not spared. 25 House of Assembly members who defected are now "homeless politicians," as someone put it. They are at the mercy of the Judiciary seeking its intervention!

The Judiciary to which homeless house of assembly members are looking have seen Wike's ally in the system demoted, forcing resignation, paving the way for Fubara's appointment of his loyalist. If Rivers State was a Yoruba state, I would have requested Fubara to invite King Wasiu Ayinde Marshall, KWAM1, to come and commission the foundation laying of the demolished House of Assembly, singing the song from one of his best sellers titled; CONSOLIDATION!

A stormy tide of power is blowing in Rivers State. Which will it uproot? The established Araba tree or the tender Igi Nla? only God who rules over the affairs of men can tell!

The antics and counter are permitted, propaganda is part of the game. Media war is welcome. After all said and done, the God who supervises the destruction of the proud is the same God who gives grace to the humble. "Eni Olorun ba gba fun in the game of power at the end of the day is the champion!

Dr. Bolaji O. Akinyemi is an Apostle and Nation Builder. He’s also President Voice of His Word Ministries and Convener Apostolic Round Table. BoT Chairman, Project Victory Call Initiative, AKA PVC Naija. He is a strategic Communicator and the C.E.O, Masterbuilder Communications.




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