Senior Advocates of Nigeria, Ebun-Olu Adegboruwa and Abeny Mohammed on Tuesday faulted the declaration of a state of emergency in Rivers State.
The SANs, in separate interviews with Daily Trustlast night, described the declaration of emergency state as well as the removal of Governor Siminalayi Fubara and his deputy, Ngozi Odu, as unconstitutional and undemocratic.
Following the political crisis in Rivers State, President Bola Ahmed Tinubu yesterday declared a state of emergency in the oil-rich state and suspended Fubara, Odu and members of the state House of Assembly for a period of six months.
In a nationwide broadcast, the president nominated Vice Admiral Ibokette Ibas (rtd) as administrator to take charge of the affairs of the state.
Rivers State has been embroiled in a crisis since last year when the Federal Capital Territory (FCT) Minister Nyesom Wike and the governor fell out with each other.
The situation led to the alleged defection of 27 members of the state assembly loyal to Wike. The lawmakers subsequently lost their seats but were later reinstated by the Supreme Court.
Before declaring the state of emergency, Tinubu had, earlier yesterday, met with Senate President Godswill Akpabio and House of Representatives Speaker, Tajudeen Abbas as well as National Security Adviser Nuhu Ribadu, service chiefs and heads of other security agencies at the Presidential Villa, Abuja.
But a ranking senator told the Daily Trust that the president meeting the leadership of the national assembly was not enough as there was the need for the input of other members.
“Why the rush? Why putting a retired soldier to take over? It is wrong to encourage military incursion in politics in whatever guise. What the president did amounts to error of judgement and it will escalate tension in the Niger Delta. It is illegal,” he said.
Lawyers speak
Adegboruwa (SAN) called on the president to rescind his decision to remove the elected government officials in Rivers State and allow democratic process to be applied in dealing with issues.
“The action of Mr President is premeditated and showed that he is biased,” Adegboruwa alleged.
“I don’t support the actions of the governor or the FCT minister, but the declaration has upended the democratic will of the people of Rivers State.
“The action of the president is unwarranted, undemocratic and uncalled for.”
Adegboruwa also questioned why Osun and Benue states, with issues of local government dispute and Lagos State where two speakers of the state assembly emerged in one day had not been met with a state of emergency.
Similarly, Abeny Mohammed said the action taken by the president was extreme and unconstitutional.
He stated: “The Rivers State governor was elected into office by the people in accordance with the constitution and can only be removed in accordance with the constitution.”
However, Dayo Akinlaja (SAN), said the matter was beyond legal analysis as the crisis in Rivers State was an “upshot of a political crisis.”
It’s political manipulation – Atiku
Former Vice President Atiku Abubakar yesterday described the declaration of a state of emergency in Rivers State as political manipulation.
He accused the president of being a partisan actor in the crisis, saying “Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers.
“His blatant refusal — or calculated negligence — in preventing this escalation is nothing short of disgraceful,” Atiku said.
The presidential candidate of the PDP in the last election in a post on his verified Facebook page said, “Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the president’s desk.
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent.
“It is an unforgivable failure that under Tinubu’s watch, the Niger Delta has been thrown back into an era of violent unrest and instability — undoing the hard-won peace secured by the late President Umaru Yar’adua. Years of progress have been recklessly erased in pursuit of selfish political calculations.
“If federal infrastructure in Rivers has been compromised, the president bears full responsibility. Punishing the people of Rivers State just to serve the political gamesmanship between the governor and Tinubu’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest terms.”
Why I declared state of emergency in Rivers – Tinubu
In his broadcast, the president said he was disturbed at the turn of events in the political crisis in the state.
He said, “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 benefit 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.”
The president added, “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.
“Latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalisation of pipelines by some militants 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.”
The president said based on the situation, he was invoking the provisions of Section 305(5) of the 1999 Constitution (as amended) “to declare a state of emergency on the state and that it takes effect from Tuesday, March 18, 2025.
“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,” he said.
It’s recipe for crisis – PDP
The Peoples Democratic Party (PDP), in a statement by its National Publicity Secretary, Debo Ologunagba, said it rejects “this attempt by the president to override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers State by seeking to depose a democratic government and foist an undemocratic rule in the state.”
It said the declaration of the emergency state was “illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State, but the entire nation.”
“The unconstitutional declaration by President Tinubu of the suspension of the democratically elected governor of Rivers State, Governor Siminalayi Fubara and appointment of an unelected individual, Vice Admiral Ibokette Ibas (rtd) to govern the state is a clear attack on our nation’s democracy, an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the constitution.”
“The action of Mr. President, therefore, clearly borders on attempt at state capture. It is the climax of a well-oiled plot to forcefully take over Rivers State for which the All Progressives Congress (APC) has been bent on stoking crisis to ensure that democracy is ultimately truncated in the state.
“Nigerians are invited to note that the situation in Rivers State and the reasons adduced by the president cannot justify the declaration of a state of emergency in the state under the 1999 Constitution, rendering the declaration completely incompetent.
“The PDP alerts that the unwarranted imposition of emergency rule in Rivers State is part of the larger vicious plot to foist a siege mentality across Nigeria, decimate opposition, impose a totalitarian one-party state and turn the country into a fiefdom.
“In any case, nothing in Section 305 of the 1999 Constitution relied upon by the president in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.
“For the avoidance of doubt, Section 305 (2) provides that ‘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.
“The PDP, therefore, cautions Vice Admiral Ibokette Ibas (rtd) to respect the Constitution and ensure that he does not take any action or step which is capable of derailing smooth democratic governance in Rivers State. Nigeria is not under a military rule where the governance of a state is by appointment by a junta.”
Rivers emergency state declaration abuse of power – CNPP
The Conference of Nigeria Political Parties (CNPP), in a statement, said the declaration of the emergency state in Rivers State was a blatant violation of the 1999 Constitution and an alarming abuse of power.
James Ezema, the Deputy National Publicity Secretary of CNPP, who signed the statement, said that the constitution is unequivocal in its provisions regarding the removal of a duly elected governor.
According to him, Section 188 clearly outlines the impeachment process, which is the sole legal mechanism for removing a governor, and it is exclusively the prerogative of the State House of Assembly and that nowhere in the Constitution is the President granted the authority to suspend a governor or their deputy.
We’re studying the situation – PANDEF
Reacting to the development, the Pan Niger Delta Forum (PANDEF) expressed concern over the turn of events.
Its spokesman, Obiuwevbi Christopher Ominimini said, “PANDEF is seriously alarmed by the state of emergency declared in Rivers State due to a crisis that is ordinarily avoidable.
“We are, therefore, studying the situation and we shall soon come up with PANDFEF’s position.”
Ibokette Ibas appointed as administrator
Tinubu nominated Vice Admiral Ibokette Ibas (Rtd) as administrator to take charge of the affairs of Rivers State.
He said, “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.”
The new Administrator
Vice Admiral Ibokette Ibas (Rtd), aged 64, served as the 22nd Chief of the Naval Staff (CNS) of the Nigerian Navy from July 2015 to January 2021. Born in Nko, Cross River State, Ibas enlisted in the Nigerian Defence Academy in 1979 and was commissioned a sub-lieutenant in 1983. He attended various schools, including Nko Primary School, Big Qua Primary School, Hope Waddell Training Institute, and the School of Basic Studies Ogoja, before joining the Nigerian Defence Academy.
Ibas attended numerous military courses both in Nigeria and abroad, including the Sub-Lieutenant Technical Course in India and Primary Pilot Training at the Nigerian Air Force Base in Kaduna. He also graduated from the Armed Forces Command and Staff College in 1990 and the Amphibious Warfare School in the United States in 1993.
Throughout his career, Ibas held various roles in the Nigerian Navy, including serving on board NNS Ruwan Yaro, NNS Obuma, and NNS Aradu. He later became the Executive Officer of several ships and served in key administrative roles at the Naval Headquarters, including Chief of Administration and Navy Secretary. He was appointed the Flag Officer Commanding Western Naval Command in 2013 and Chief of Logistics in 2014, before becoming the Chief of Naval Staff in 2015.
Ibas’ service earned him numerous awards, such as the Silver Jubilee Medal, Meritorious Service Star, Distinguished Service Star, and the Nigerian National Honour of Commander of the Order of the Federal Republic (CFR) in 2022. He is married to Theresa Ibas, and they have three children.
Fubara’s whereabouts unknown as military moves trucks to Govt House
Fubara’s whereabouts were unknown last night as the military moved trucks into the Rivers Government House in Port Harcourt.
Daily Trust gathered that the trucks were placed within and outside the Government House on the first night of the state of emergency declared by President Bola Tinubu.
After the declaration, it was gathered that about 10 military trucks patrolled the road leading to the Government House’s main gate; while armoured vehicles were seen at strategic positions within the road leading to the Government House gate.
The road leading to the Government House from the popular UTC junction was deserted as residents made efforts to get back to their respective houses.
A resident of Port Harcourt, who pleaded anonymity, told Daily Trust that military trucks were found all over the area.
Our reporter could not confirm if Fubara had vacated the Government House as of press time, but sources from Government House said the governor might have had a premonition of the state of emergency.
The source said the governor held several meetings with members of the suspended state Executive council throughout the day.
A former commissioner, who spoke to Daily Trust on the telephone, said he could not speak at length because he was having a meeting with the governor, promising to call back later, but he was yet to do so as at press time.
History of state of emergency declaration in Nigeria
The history of the state of emergency declaration in Nigeria dates back to 1962 when large-scale irregularities in the country’s first real census sparked a crisis in the Action Group (AG)-controlled Western Nigeria.
On October 1, 1962, the Prime Minister, Sir Abubakar Tafawa Balewa addressed the nation in a nationwide broadcast, revealing that his government had been aware for some time of a plot by certain politicians to forcibly overthrow Nigeria’s legitimate government. These individuals, he revealed, had been undergoing military training abroad. By October 26, the government had extended the ban on public meetings and processions to cover all of Western Nigeria. Then, on November 2, 1962, Chief Obafemi Awolowo, along with 26 others, including notable figures such as Anthony Enahoro, Sam Ikoku, Ayo Adebanjo, and Lateef Jakande, were formally charged with conspiring to overthrow the federal government by force.
The next significant state of emergency was in 2004 under President Olusegun Obasanjo. On May 18, citing Section 305 of the 1999 Constitution, Obasanjo declared a state of emergency in Plateau State, suspending Governor Joshua Dariye and the State House of Assembly. Obasanjo accused the governor of failing to end the violent clashes between the state’s Muslim and Christian communities, which had resulted in more than 2,000 deaths since 2001. An interim administrator, Army General Chris Ali (Rtd), a native of Plateau State, was appointed to replace Dariye.
On May 14, 2013, President Goodluck Jonathan declared another state of emergency, this time in the northern states of Adamawa, Borno, and Yobe, following a surge in insurgency and insecurity. Jonathan’s declaration led to an increased military presence and security operations in the affected states. However, unlike previous instances, the governors of these states were not removed from office.
Earlier, in 2011, Jonathan had imposed a state of emergency in select local governments in Borno and Plateau states due to rising security concerns.
The former Attorney General of the Federation and Minister of Justice, Mohammed Adoke, in his new book-Burden of Service: Reminiscences of Nigeria’s former Attorney General, spoke on that development.
According to Adoke, Jonathan’s refusal to deploy the emergency rule declaration to oust the three opposition governors from office was widely criticised by top government functionaries, including ministers and PDP supporters.
The ex-AGF, however added that he advised Jonathan against the sack of the three governors, since according to him, there is no law in Nigeria that supports such action by the president.
Adoke said: “President Jonathan came under criticism from commentators who felt he should have removed the local government chairmen as well as the governors in the affected states. The opportunity for Jonathan’s foes to describe him as a weak leader emerged yet again.
“Historically, the state of emergency was employed more as a political weapon to settle scores with opposing forces, not necessarily to address issues of actual or imminent threat to security. Nigerians were more familiar with that nefarious employment of the provision. The fact that governors in Nigeria cannot be held responsible for any breakdown of law and order is not lost on these critics.
“Governors are the Chief Security Officers of their states only in name; they do not have the requisite constitutional power of control over the security agencies. Removing them during emergency, to my mind, was simply illogical,” Adoke said in the book.
Adoke added, “While the 1961 State of Emergency Act allowed for the removal of Premiers, the 1979 Constitution and subsequently, the 1999 Constitution, spelt out how to declare a state of emergency. The removal of a governor is definitely not included in the provisions”.
However, credible sources told the Daily Trust that at that time, the National Security Council (NSC) advised Jonathan against removing the governors of Borno, Yobe and Adamawa.
Also, the leadership of the National Assembly, including then Senate President David Mark and Speaker Aminu Tambuwal, were reportedly against the removal of the governors, arguing that it could set a dangerous precedent.
Besides, there was also international pressure as some western countries and diplomatic partners, including the United States and the European Union, cautioned against dissolving democratic structures, emphasising the need to respect elected mandates even during crises.
ACN, CPC faulted emergency declaration in Adamawa, Borno, Yobe in 2013
The defunct Action Congress of Nigeria (ACN), which was then led by the current president, Bola Ahmed Tinubu, had faulted the declaration of a state of emergency in Adamawa, Borno and Yobe States by former President Goodluck Jonathan in 2013.
Jonathan had, at that time, declared a state of emergency in the three states following deadly attacks by Boko Haram terrorists.
The then spokesman of the ACN, Lai Mohammed, had said the declaration lacked original thinking and, therefore, asked the National Assembly to reject it.
“If the medicine given to a patient has not cured his or her illness, is it not futile to prescribe more of the same medicine for the patient? If the declaration of a state of emergency in 15 local government areas in four states in 2011 has not curbed the activities of the insurgents, why extend such measure to other areas? If the use of force in the affected states has failed to curtail the activities of the insurgents, why send in more troops?”
Similarly, Tony Momoh, the then national chairman of the Congress for Progressives Change (CPC), led by General Muhammadu Buhari (rtd), who also later became president, had said the declaration of the emergency state by Jonathan could never achieve peace in the three states.
2 arrested as explosion rocks Trans Niger Delta pipeline
The Rivers State Police Command had earlier yesterday said two persons were arrested in connection to the Monday Trans Niger Delta pipeline explosion near the Bodo-Bonny Road under construction.
The TNP is a federal transport line that supplies gas to the Bonny Export Terminal in Rivers State.
The Rivers State Police Command Public Relation Officer, SP Grace Iringe-Koko said in a press statement issued in Port Harcourt on Tuesday that the Command had commenced a thorough investigation to determine the cause of the fire. Daily Trust learnt that hours after that initial explosion, another occurred, making them two.
A militant group, Niger Delta Rescue Movement, had, two weeks ago, threatened to attack oil installations in Niger Delta over the seizure of the allocation due to Rivers State.
The group also called on all non-indigenes living in Rivers State to leave in their own interest and safety, pointing out that hostilities are about to begin.
A trending social media video which surfaced two weeks ago showed the militants, numbering about eight with AK-47 and other assorted riffles in an unknown forest chanting and singing war songs.
They alleged that the action of the Martin Amaewhile- led assembly was to cause anarchy in the state and pave the way for the declaration of a state of emergency.
Ijaws youths block East-West road
Ijaw Youths, under, the umbrella of the Ijaw Youth Council (IYC), earlier on Tuesday, blocked the East-West Road (Mbiama Axis) of Rivers State in a peaceful protest to express their dissatisfaction over the political developments in Rivers State.
Past militants’ attacks on oil facilities
The agitation for the control of oil facilities started several years ago by Ijaws youths who were not happy over the under-development of their communities despite billions of naira that emanated from oil exploration activities. Several militants groups such as Niger Delta Volunteers Force headed by Alhaji Asari Dokubo, Niger Delta Vigilantes Group headed by Ateke Tom and so many others were formed to agitate for better deal for oil producing communities.
Oil workers, especially the expatriates working in multinational oil companies, were taken hostage; while oil facilities were seized.
Respite came the way of the militants when the late president Yara’dua granted amnesty to the various militants groups and their weapons were bought off by the federal government.
State of Emergency: What the 1999 Constitution says
Chapter 8. Part 2. Section 305 explains the procedure for proclamation
(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.
(3) The President shall have power to issue a Proclamation of a state of emergency only when ¬
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement in a state of war;
(c) there is actual breakdown of public order and public safety in the Federation or any part thereof to such extent as to require extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity, affecting the community or a section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a resolution supported by two-thirds majority of the House of Assembly, request the President to issue a Proclamation of a state of emergency in the State when there is in existence within the State any of the situations specified in subsection (3) (c), (d) and (e) of this section and such situation does not extend beyond the boundaries of the State.
(5) The President shall not issue a Proclamation of a state of emergency in any case to which the provisions of subsection (4) of this section apply unless the Governor of the State fails within a reasonable time to make a request to the President to issue such Proclamation.
(6) A Proclamation issued by the President under this section shall cease to have effect ¬
(a) if it is revoked by the President by instrument published in the Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation;
(c) after a period of six months has elapsed since it has been in force: Provided that the National Assembly may, before the expiration of the period of six months aforesaid, extend the period for the Proclamation of the state of emergency to remain in force from time to time for a further period of six months by resolution passed in like manner; or
(d) at any time after the approval referred to in paragraph (b) or the extension referred to in paragraph (c) of this subsection, when each House of the National Assembly revokes the Proclamation by a simple majority of all the members of each House.
(Daily Trust)
