Rivers State, one of Nigeria’s 36 States which is a vital oil-producing region in Nigeria’s Niger Delta, has been embroiled in a complex political crisis marked by internal party conflicts, governance challenges, and security issues.
The political turmoil primarily stems from a power struggle between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, who now serves as the Federal Capital Territory (FCT) Minister. This feud has led to attempts to impeach Governor Fubara, resulting in a polarised state House of Assembly and conflicting court orders. The discord has significantly impacted governance and heightened tensions within the state.
In the recent times, there was a reported explosion of crude oil pipelines in the region. This, among others, swung President Bola Tinubu into action with barely 24 hours of the explosion to declare a state of emergency in the state on Tuesday, March 18.
As a result of the declaration of the emergency, the President has suspended Governor Fubara, his deputy and all the members of the State House of Assembly while retaining the State Judiciary.
President Tinubu also ordered the appointment of a ex-military admiral as the administrator of the State, the appointment which took effect almost immediately as if was prepared beforehand.
Nigerians have continually offered their various justifications to why the suspension and the declaration by the President is both illegal and legal.
According to a report by the Punch Newspapers, a human rights lawyer practising in the United Kingdom, Morakinyo Olasupo, said a President does not have the power to suspend a democratically elected governor of a state, and that the suspension or impeachment of governors can only come from the state House of Assembly and the court.
Justifying his position, the legal luminary said “The President cannot suspend a governor who is democratically elected. Governors are elected officials with a constitutional mandate, and their removal or suspension must always follow due legal processes.”
He has been countered by the Principal Partner, Iris Attorneys LP, Ridwan Oke, who completely disagreed with the position of Olasupo about the processes, adding that the President has done the right thing by declaring a state of emergency because of the heightened political crisis in the state.
But Oke noted that the suspension of Fubara, his deputy, and the state lawmakers lacks merit and is unconstitutional.
Drawing the President’s nationwide broadcast speech, this article provides six grounds President Tinubu used to justify his action over the suspension of Governor Fubara, his executive, the legislative arms and the declaration of a state of emergency.
1. Prolonged Political Crisis in Rivers State
The political crisis in Rivers State, majorly between Wike and Fubara, has dragged on for an unacceptable duration without resolution, resulting in severe instability. President Tinubu noted in the broadcast that despite numerous interventions from himself and other credible leaders, the situation has stagnated. He said, as a result, the persistent crisis has paralysed governance, severely undermining the delivery of democratic benefits to the citizens.
2. Demolition of the State House of Assembly Without Reconstruction
President Tinubu accused Governor Fubara of recklessly demolishing the Rivers State House of Assembly building on December 13, 2023, and failing to initiate reconstruction 14 months later.
3. Supreme Court Ruling Declaring the Government Non-Existent
In a critical ruling dated February 28, 2025, the Supreme Court stated unequivocally that a government cannot exist without the three essential branches—Executive, Legislature, and Judiciary. The court unequivocally ruled that Governor Fubara intentionally dismantled the legislature to govern without opposition.
4. Disregard for Supreme Court Orders
The Supreme Court ruled that the 27 defected members of the Rivers State House of Assembly are still valid and must be allowed to participate in legislative activities. Yet, the governor chose to disregard this ruling and failed to facilitate the passing of an Appropriation Bill, which is essential for the state’s budgeting and governance.
5. Allegations of Support for Militants and Security Threats
The speech accused Governor Fubara of failing to disavow militants threatening violence against those perceived as political adversaries. Additionally, there are alarming reports of pipeline vandalisation by militants, which have gone unanswered by the governor.
6. Constitutional Justification for Declaring a State of Emergency
As articulated in Section 305 of the 1999 Constitution, a state of emergency can be declared under the following conditions:
– There is a breakdown of public order and safety that renders the government incapable of functioning.
– The governor and deputy governor fail to request federal intervention, a prerequisite for the declaration of an emergency.
In the subjective viewpoint of this writer, I believe Rivers State has not fulfilled all the needed criteria by the constitution to get a state of emergency declared.
Read Also: How Tinubu Declares State of Emergency in Rivers, Suspends Governor, Deputy, Others (Video)
