The Attorney General of the Federation (AGF), Lateef Fagbemi, on Wednesday, cleared the Federal Capital Territory Minister, Nyesom Wike, of all wrong doings in the Rivers State crises, fingering the suspended Governor of the state, Siminalayi Fubara, for being solely responsible for the imbroglio that has led to a declaration of State of Emergency.

At a media chat with State House correspondent in Abuja, the AGF said President Bola Tinubu acted timely with his proclamation of emergency rule in Rivers State, the suspension of the governor, and the appointment of a sole administration, Vice Admiral Ibok-Ete Ibas (retd).

Fagbemi said Fubara demolished the State House of Assembly Complex to avoid being impeached and refused to rebuild it more than one year later, and blamed the governor for failing to implement the February 28, 2025 ruling of the Supreme Court as well not cautioning militants, who had threatened to blow pipelines in the state. “There was not a word dissuading the militant who issued the threats,” he said.

He said the situation could not have been allowed to continue as the critical economic lifeline of the nation was criminally touched.

Fagbemi said Wike did not feature in the matter that was decided by the Supreme Court and should not be sentimentally brought into it, noting that the emergency rule declaration was some sort of saving grace for Fubara who had been served impeachment notice by pro-Wike lawmakers.

“If that impeachment had been allowed to take its full course, the governor would have entirely lost and completely.

“So, in a way, instead of allowing the impeachment to continue, and which in the end would have seen both the governor and the deputy governor out of office for the entirety of their four-year term with the remainder of what they have — a balance of two years and two months,” the AGF said.

Fagbemi said Wike should not be brought into the matter as he was not responsible for the actions of Fubara who failed to act in line with the constitutional requirements of getting the approval of the state legislators in the affairs of the state.

He said, “There are occasions when it comes to national issues, we have to come out plainly and sincerely. Where do you put the Minister of the FCT in this case? Was he the one who asked for the demolition of the House of Assembly?

“Was he the one who said the governor should not present the budget to the House of Assembly? Was he the one who advised the governor not to go through the House of Assembly for purposes of ratifying the commissioner-nominees?

“I don’t know because if you want to look at a case, you look at the facts that have been presented. The Supreme Court made these critical findings. The FCT minister did not feature.

“Assuming he featured, he would have featured on the side of the legislators but what you have here is let everybody go home for the first six months. So, I don’t see his hands here in what we have.”

Fagbemi advised all those who do not agree with the president’s move to channel their energy to the National Assembly to veto the president’s decision.

Wike, who is the immediate-past governor of Rivers State, has been locked in a protracted power tussle with Fubara, his estranged political godson, for about two years. The apex court recently backed the pro-Wike Assembly led by Martins Amaewhule.

The suspension of Fubara and other democratically elected representatives has been expressly rejected and condemned by many eminent Nigerians, legal luminaries, and groups including Atiku Abubakar, Peter Obi, Rotimi Amaechi, Femi Falana, the Labour Party (LP), the Peoples Democratic Party (PDP), the Nigerian Bar Association, the Pan Niger Delta Forum (PANDEF), among others.

However, the emergency rule has been praised by the pro-Nyesom Wike suspended lawmakers, who accused Fubara of contravening the Supreme Court ruling on the political situation in the state.

By Eric Elezuo

The Nigerian Bar Association (NBA) has condemned in totality the declaration of Emergency in Rivers State, leading the suspension of the state governor, Siminalayi Fubara and his deputy, Ngozi Odu as well as other elected legislative officials.

Speaking via a statement signed by the president of the association, Mazi Afam Osigwe, the body noted that Tinubu’s action amount to unconstitutional usurpation of power, stressing that the constitution does not permit the president to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency.

While outlining the situation that can warrant a state of emergency, the NBA noted that the political situation in Rivers though tense, does not in any way meet the constitutional threshold for the removal of elected officials.

He declared however, Tinubu’s action as ‘purported’ and therefore, ‘unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.’

He further called on “all relevant authorities to act in accordance with the law and the best interest of the country”, saying that “Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.”

The statement reads in full:

“STATE OF EMERGENCY IN RIVERS: “SUSPENSION” OR OTHERWISE SUMMARY REMOVAL OF A DEMOCRATICALLY ELECTED GOVERNOR AND OTHER ELECTED OFFICIALS IS UNCONSTITUTIONAL”

The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.

Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, the Section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe on democratic governance and fundamental human rights.

The NBA is gravely concerned about the purported suspension by the President of the Governor of Rivers State, the Deputy Governor, and the Members of the Rivers State House of Assembly for six months.
The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.

A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the President to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.

The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.

For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
1. War or external aggression against Nigeria.
2. Imminent danger of invasion or war
3. A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
4. A clear danger to Nigeria’s existence.
5. Occurrence of any disaster or natural calamity affecting a state or a part of it.
6. Such other public danger that constitutes a threat to the Federation.
The NBA questions whether the political crisis in Rivers State has reached the level of a complete breakdown of law and order warranting the removal of the Governor and his administration. Political disagreements, legislative conflicts, or executive-legislative tensions do not constitute a justification for emergency rule. Such conflicts should be resolved through legal and constitutional mechanisms, including the judiciary, rather than executive fiat.

The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.
Furthermore, subsection (2) of Section 305 provides that:
“A Proclamation issued by the President under this section shall cease to have effect—
(a) if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session; or
(b) if the National Assembly is not in session, within ten days after it reconvenes.”

These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect. The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.

In light of the foregoing, the Nigerian Bar Association:
• Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
• Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
• Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
• Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
• Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.

The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.

We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.

A few hours after the declaration of Emergency Rule in Rivers State by President Bola Tinubu, sacking all elected officials including Governor Siminalayi Fubara and his deputy, Ngozi Odu, soldiers have taken over the Rivers Government House in Port Harcourt.

The Punch reports that the governor was still in his official residence in the Government House when the troops swarmed over the premises around 9pm.

The paper quoted a source as saying, “Well, as I speak to you now, there are soldiers inside Government House but the governor is in his residence.”

Also, an Armoured Personnel Carrier was stationed at the entrance of the seat of power in the state overlooking the road.

Responding to his suspension by the President, Fubara, in a statement he personally signed, called for calm, saying, “We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.”

In the statement titled, “Press Release by the Executive Governor of Rivers State,” the suspended governor blamed the members of the state Assembly loyal to Wike, saying they frustrated all his attempts to comply with the verdict of the Supreme Court.

Fubara said, “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 prioritised 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 judgment 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.”