By Eric Elezuo
When in the 19th century, celebrated writer Lord Acton, made the oft-quoted statement that “Power corrupts, and absolute power corrupts absolutely,” he had no reference to the Nigerian government of today, which has suddenly become a law unto itself, maneuvering and arrogating judicial precedents and justice system to suit its whimps and caprices.
Many has called it power intoxication while others declare it as judicial malady, but the fact remains that Nigerian President, Bola Tinubu, had wielded a big stick, albeit unconstitutionally according to many high profile respondents, to deal a fatal blow on the elected representatives of the Rivers State government, and its legislative body.
Mr. President had on March 18, 2025, during a nationwide broadcast, and contrary to expectations, declared a state of emergency on the oil-rich state, going ahead to suspend the governor, Siminalayi Fubara, his deputy, Ngozi Odu, and the 31 elected members of the legislature. In the broadcast, the president stated that the emergency rule will last for an initial six months followed by a review which will determine either an extension of the rule or its termination. He also appointed Vice Admiral Ibok-Ete Ibas as the state’s Sole Administrator.
The president’s statement, which has been declared a fatal blow on democracy, and both unconstitutional and undemocratic, by a section of Nigerians, but a peace stroke by yet another section, has elicited reactions from the length and breadth of the nation majority of which borders on condemnations, rather than approval.
The sledgehammer reaction was a consequence of an 18 months fracas between between the Governor, Fubara, and his estranged godfather, Nyesom Wike, the immediate past governor of the state, and currently Tinubu’s minister, in charge of the Federal Capital Territory. Both has been locked in battle for the soul of the state treasury, as alleged by observers, and the party structure. The battle has brought both parties to their wits’ end where interventions from well meaning Nigerians, including Tinubu himself failed to assuage the grievances of each contending party. But Tinubu’s March 18th statement put a stop to all contentions, albeit at the moment
The statement reads in full:
Fellow Nigerians, I feel greatly disturbed at the turn we have come to regarding the political crisis in Rivers State. Like many of you, I have watched with concern the development with the hope that the parties involved would allow good sense to prevail at the soonest, but all that hope burned out without any solution to the crisis.
With the crisis persisting, there is no way democratic governance, which we have all fought and worked for over the years, can thrive in a way that will redound to the benefit of the good people of the state. The state has been at a standstill since the crisis started, with the good people of the state not being able to have access to the dividends of democracy.
Also, it is public knowledge that the Governor of Rivers State for unjustifiable reasons, demolished the House of Assembly of the state as far back as 13th December 2023 and has, up until now, fourteen (14) months after, not rebuilt same. I have made personal interventions between the contending parties for a peaceful resolution of the crisis, but my efforts have been largely ignored by the parties to the crisis. I am also aware that many well-meaning Nigerians, Leaders of thought and Patriotic groups have also intervened at various times with the best of intentions to resolve the matter, but all their efforts were also to no avail. Still, I thank them.
On February 28, 2025, the supreme court, in a judgment in respect of about eight consolidated appeals concerning the political crisis in Rivers State, based on several grave unconstitutional acts and disregard of rule of law that have been committed by the Governor of Rivers State as shown by the evidence before it pronounced in very clear terms:
“a government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution as amended. In this case the head of the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot. As it is there is no government in Rivers State.”
The above pronouncement came after a catalogue of judicial findings of constitutional breaches against the Governor Siminalayi Fubara.
Going Forward in their judgment, and having found and held that 27 members of the House who had allegedly defected
“are still valid members of Rivers State House of Assembly and cannot be prevented from participating in the proceedings of that House by the 8th Respondent (that is, the Governor) in cohorts with four members”
The Supreme Court then made some orders to restore the state to immediate constitutional democracy. These orders include the immediate passing of an Appropriation Bill by the Rivers State House of Assembly which up till now has not been facilitated.
Some militants had threatened fire and brimstone against their perceived enemy of the governor who has up till now NOT disowned them.
Apart from that both the House and the governor have not been able to work together.
Both of them do not realise that they are in office to work together for the peace and good governance of the state.
The latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalization of pipelines by some militant without the governor taking any action to curtail them. I have, of course given stern order to the security agencies to ensure safety of lives of the good people of Rivers State and the oil pipelines.
With all these and many more, no good and responsible President will standby and allow the grave situation to continue without taking remedial steps prescribed by the Constitution to address the situation in the state, which no doubt requires extraordinary measures to restore good governance, peace, order and security.
In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State and the Governor and Deputy Governor of Rivers State having failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers State with effect from today, 18th March, 2025 and I so do.
By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for an initial period of six months.
In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (Rtd) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.
The Administrator will not make any new laws. He will, however, be free to formulate regulations as may be found necessary to do his job, but such regulations will need to be considered and approved by the Federal Executive Council and promulgated by the President for the state.
This declaration has been published in the Federal Gazette, a copy of which has been forwarded to the National Assembly in accordance with the Constitution. It is my fervent hope that this inevitable intervention will help to restore peace and order in Rivers State by awakening all the contenders to the constitutional imperatives binding on all political players in Rivers State in particular and Nigeria as a whole.
Long live a united, peaceful, secure and democratic Rivers State in particular and the Federal Republic of Nigeria as a whole.
But the reactions that followed the speech have fallen with the ranks of disdain and condemnation with the president’s loyalists stepping out to defend the ‘brazen’ declaration.
In his defence of Tinubu’s emergency rule, the Attorney-General and Minister of Justice, Lateef Fagbemi, on his advice the emergency law came into effect said unequivocally that everything the president said in the statement is the fact, adding that the declaration saved Fubara, who he completely blamed for the crises in the state, from imminent impeachment. He exonerated the FCT Minister of any wrongdoing while alleging that Fubara teleguided militants, who he claimed blew up oil pipeline in the wake of an impeachment notice by the pro-Nyesom Wike House of Assembly. These men, 27 in number, led by Hon Martins Amaewhule, literally took instructions from the former governor.
BACKGROUND OF THE CRISES
The Vanguard reports that for fear of trading off his structure since all his opponents whom he drove to Abuja as governor, had returned, and were frolicking with Governor Fubara, Wike insisted on having all the commissioners and other key appointees nominated by him. He nominated 14 of the commissioners while mandating Fubara to nominate only one.
A source told The Vanguard that trouble heightened when Fubara forwarded two nominees to the House of Assembly with Rt. Hon Amaewhule as Speaker for screening. Wike was immediately informed and a war of words started.
The Commissioners, according to the source never “respected the governor”, to the extent the governor could not make approval exceeding N30million without “authorization from Abuja”.
Vanguard wrote, “Unbearably frustrated, Fubara told those who could listen to him that rather than tolerate such despicability, he would resign as governor. Several nocturnal meetings were held to save the embarrassing situation both in Nigeria and outside the country. It only went from bad to worse.
“The cloud of war became thickened when on October 29, 2023, the Dome edifice of the House of Assembly on Moscow road was riddled with dynamite. And the next day, October 30th the complex was mercilessly demolished on the allegation that it had some “structural defects”.
The governor, steadily gathering support across the state and the country, became more emboldened so that when he got wind of a possible impeachment process, he stormed the Assembly very early in the morning in pretense of supervising bulldozers. This stalled the activities of the Wike-lawmakers, and gained more grounds for Fubara. Wike was losing on a fast lane. And so to further frustrate Fubara’s government, he instigated his loyal commissioners to resign, and they did in droves, while Wike sought presidential/federal assistance, prompting Tinubu to broker a peace deal. The deal though signed by both gladiators, was later discovered to be lopsided, and counterproductive to Fubara, and favored Wike. It wasn’t long before the agreement was jettisoned, and the gladiators returned to the trenches, but it dawned on Fubara that he was surrounded by disloyal staff even as his cabinet of commissioners was depleted. So he withdrew Dr. Edison Ehie who by then had become the Speaker of the House of Assembly and made him his Chief of staff, thereby sealing the gap through which government sensitive information was leaked to Wike. Ehie was replaced as a speaker in the House by Rt. Hon Victor Oko-Jumbo with only three men to form a new House, as the 27 lawmakers loyal to Wike officially defected to the APC. The lawmakers in December, 2023, factional chairman of the APC, Chief Tony Okocha, Abdulkarim Kana the Legal adviser, and other national leaders of the APC officially received them at the Port Harcourt Polo Club. These situations were since denied by all those involved, and sadly supported by the Supreme Court.
At this time, it became the House of Assembly, string-pulled by Wike, against Fubara. While the 27 lawmakers continued to make laws against Fubara and his administration, Fubara only recognised and functioned with the 4-man legislature of Oko-Jumbo. This was until the Supreme Court presented its surprising verdict.
“That Supreme Court judgment look like what Wike and his cohorts wrote,” a Rivers stakeholder said.
But that was the beginning of additional crisis as the House gave the governor 48 hours to represent the 2025 budget. But the governor appeared later after the 48-hour ultimatum, but was locked out of the premises by the lawmakers. Then the forth and back continued, resulting in the House issuing a notice of impeachment after accusing the governor of gross misconduct.
Then Tinubu struck – suspended the elected gladiators in a state of emergency broadcast, but sparing Wike, who was exonerated.
NASS ENDORSES TINUBU’S EMERGENCY RULE DECLARATION
But contrary to expectations, the Senator Godswill Akpabio and Hon Tajudeen Abass-led National Assembly hurriedly endorsed the declaration via a voice vote. This, according to stakeholders, is contrary to constitutional provisions, where two-third majority votes are required to approve the emergency rule.
“These people just took Nigerians for a ride. Why voice vote? Is that the constitutional provision?” A concerned citizen queried.
Nigerians have insinuated that that Senators were induced with $15,000 while members of the House Representatives received $5000 to lend support to the unpopular declaration. The National Assembly has since denied the allegations.
But the Policy and Legal Advocacy Centre (PLAC) in its reaction, among many reactions, said in part, “Instead of safeguarding democracy and the rule of law, the National Assembly has chosen to passively endorse an unconstitutional overreach of executive power, thereby weakening the checks and balances that are essential to our democratic system. The decision to do this via voice vote, when section 305 (6)(b) of the Constitution clearly requires that the proclamation of a State of Emergency by the President must be supported by two-thirds majority of all the members of each House of the National Assembly, is a travesty and flies in the face of constitutionality, legality and good reasoning.”
WELL MEANING NIGERIANS KICK
Following the emergency rule declaration, Nigerians from all walks of life have risen in unison to condemn the act, describing it as a brazen show of power.
Among the early individuals to called to question Tinubu’s emergency rule declaration were a former Vice President and presidential candidate of the PDP in the 2023 presidential election, Atiku Abubakar, former Governor of Anambra State, and former Labour Party presidential candidate, Mr. Peter Obi, former Kaduna State Governor, Mallam Nasir El-Rufai, former President Goodluck Jonathan, Prof Wole Soyinka, Dele Farotimi, Chief Dele Momodu among others. They described the effort as political manipulation, where the president stylishly seeks the corner the resources of Rivers State for personal aggrandizement, and in view of the 2027 general election.
Also, a coalition of civil society organisations in Nigeria condemned the declaration of emergency, describing it as a threat to democracy and an unjustifiable overreach of executive power.
Speaking at a press briefing in Port Harcourt, Christian Onyegbule, representative of the Civil Liberties Organisation (CLO), read the coalition’s statement, rejecting the emergency rule and demanding its immediate reversal.
As at today, Tinubu’s declaration has the force of law as the National Assembly has given approval, and have it in Gazette, though many organisations including SERAP has gone to court to seek a reversal and maybe a punishment for the president for overreaching the Constitution.
“The Supreme Court cannot do less than they did at the Election Petitions trial or at the Rivers State judgment. The truth is Tinubu’s blow has come to stay, and may be unleashed on more states in the near future. Osun State, where his nephew, Gboyega Oyetola, is having a running battle with Governor Ademola Adeleke, may be the next in the line of target.
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