Afe Babalola
The Nigerian social media space has been awash with reactions over the recent declaration of state of emergency in Rivers State.
On Tuesday March 18, 2025, President Bola Ahmed Tinubu declared a state of emergency in Rivers State. This declaration was made pursuant to section 305(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which empowers the President to issue a proclamation of a state of emergence in the Federation or any part thereof if:
- The nation is at war or is in imminent danger of invasion
- There is a breakdown of public order and safety in the country or any part thereof to such an extent that extraordinary measures are needed to restore peace and security, or there is a threat of the breakdown of law and order at such a scale that an extraordinary measure will be required to remedy same.
- There is an occurrence of or imminent danger of the occurrence of any disaster of natural calamity affecting a community or a section of a community in the federation.
- There is any public danger which clearly constitutes a threat to the existence of the Federation
- If a state governor requests for a declaration of a state of emergency. This request must be supported by two-thirds majority of the House of Assembly
These grounds are contained in Section 305(3) and (4) of the Constitution.
The declaration of state of emergency in Rivers State meant the suspension of the Governor, Siminalayi Fubura, his deputy Ngozi Odu, and all members of the State House of Assembly for an initial period of six months. In their place, Vice Admiral Ibokette (rtd) was appointed as the administrator to manage the state’s affairs during this period.
The pertinent question therefore is: did any of these grounds for the proclamation of a state of emergency occur in Rivers State to warrant the proclamation in the state?
Events leading to the proclamation of state of emergency in Rivers State by the Presidency
Rivers State is a victim of political powerplay. The mishap in Rivers State started with the battle for supremacy between the governor, Siminalayi Fubara and his supposed godfather, Nyesom Wike.
The story of godfatherism in Nigerian politics is not strange. However, it has also been a norm for the political godsons to reject the supremacy of the will of their political godfathers after some time in office. The history of lost-love between godfathers and their political godsons in politics can be seen in all governors that had been elected in Rivers State in the Fourth Republic.
Soon after occupying the Creek House, Dr. Peter Odili parted ways with his erstwhile godfather, the late Dr. Harry Marshall. Odili was eventually driven out of town after his tenure by his political godson and successor in office, Rotimi Amaechi. Nyesom Wike was the erstwhile Chief of Staff and political enforcer of Rotimi Amaechi. However, he severed his relationship with Amaechi also in a bitter feud. Now history is repeating itself in the estranged relationship between Wike and Fubara.
Political godfatherism and the eventual feud between godfathers and godsons are not peculiar to Rivers State alone. There are examples of Orji Uzor Kalu of Abia State and his former godson Theodore Orji, Chimaroke Nnamani and his godson Sullivan Chime in Enugu State, Musa Kwankwaso and his erstwhile protégé Umar Ganduje in Kano State, Adams Oshiomhole and his former godson Godwin Obaseki in Edo State and the list goes on.
The political battles in Rivers State started when Wike was solely responsible for the selection and appointment of the cabinet of Fubara. Some of these resigned under Fubara’s regime. This started the turbulence in Rivers State.
The turbulence continued when 27 lawmakers defected from Peoples Democratic Party in the state to the All Progressive Congress, APC. This was followed by burning of the state house of assembly complex by political thugs. Hence, the Legislators were forced to hold sessions at the Government House by an executive order of the Governor. This raised the question of the legitimacy of laws passed by state assembly outside the legislative chamber.
All these led to an initial move to impeach Governor Fubara and the subsequent declaration that the seats of the 27 defected lawmakers are vacant by a factional speaker of the state House of Assembly loyal to the governor.
The crisis reached its peak when the Supreme Court ruling validated the defection of the 27 lawmakers. The court further held that the Central Bank of Nigeria and the Accountant-General of the Federation must halt the payment of budgetary allocations to Rivers State until a valid appropriation law is passed by a legally constituted House of Assembly. The Supreme Court also further nullified the local government elections conducted in Rivers on October 5, 2024, stating that they violated relevant laws.
Following these judgements, Wike called for the impeachment of Fubara if he has committed an impeachable offense.
It is important to note that the breakdown of peace in Rivers will lead to the disruption of oil production in Rivers, ultimately affecting the economy of the nation. Rivers State produces more crude oil than any other state in Nigeria. It accounts for about 21.43 per cent of all crude oil mined in Nigeria. The fear of many is that the impeachment of Fubara will result in the breakdown of law and order in Rivers State.
Sixteen months into his tenure in office, Fubara had:
- a split state house of assembly,
- vacancies in executive cabinet,
- no state allocation from the Federal Government,
- annulled local government elections,
- no approved budget by the state legislators,
- an estranged relationship with the state legislators as evidenced in the fact that he was locked out of the chambers on March 12 when he went to present the 2025 budget,
- been faced with two threats of impeachment and the possibility of a third all within 16 months of his tenure in office,
- overwhelming presence of the opposition party in the state legislative house. The APC which now firmly controls the assembly vowed to scrutinise his every move, including budget proposals and appointments. This level of legislative oversight, while legitimate, has the potential to cripple his ability to govern effectively, and
- militants’ activities leading to the destruction of oil pipelines in his state. This threatened the peace in his state and the economic well-being of the nation.
The state was ungovernable for Fubara.
Grounds for the declaration of state of emergency in Rivers State
President Bola Ahmed Tinubu stated in his declaration on March 18 that he was forced to issue the declaration of state of emergency because of:
- The political crisis that has ravaged Rivers State
- The governor’s non-performance of the ruling of the Supreme Court
- The collapse of the legislature in the state,
- The inability of both the Governor and the State House of Assembly to work together, and
- The militant acts of vandalising oil pipes and the governor’s inability to take any action to curtail them.
These five conditions halted development in Rivers State under the current administration.
I believe a keen consideration of the events leading to the declaration of the state of emergency in Rivers State and the grounds for declaration of the state of emergency in the state corresponds with the grounds in section 305(3) of the Constitution, particularly 305(3)(d) that: “there is a clear and present danger of an actual breakdown of public order and public safety in the Federation to any part thereof requiring extraordinary measure to avert such danger”.
It is clear that Fubara no longer had control over Rivers State, and only a force external to the state can restore order in the state.
Therefore, the state of emergency was necessary to salvage and maintain peace in Rivers State, particularly after the President had tried to intervene twice to no avail. President Tinubu therefore acted within the bounds of his powers in the Constitution with regards to the affairs of Rivers State.
The follow-up question is: what is the implication of the declaration of a state of emergency on the tenure of office of the Governor, his deputy and the state House of Assembly?
Since the Constitution is silent on this, Fubara and the state legislatures of Rivers State will be reinstated at the termination of the state of emergency. However, the period of the state of emergency ought not to count when calculating their tenure of office. That is democracy.
*Vanguard
