Emergency
Jibrin Ibrahim
State of Emergency: Threat to Democracy or “deux ex machina”
Jibrin Ibrahim, Deepening Democracy column, Daily Trust, 21st March 2025
On Tuesday, President Tinubu declared a state of emergency in Rivers State, to address the on-going political crisis in the State. The crisis, as I understand it, is the fight to finish between Governor Fubara and former governor and current Minister of the FCT, Wike. President Tinubu took a clear position on the matter blaming Governor Fubara for the crisis: “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” said the President. He then blamed the governor for recent disturbing incidents of vandalization of pipelines by some militant without the governor taking any action to curtail them as if it is the governor, and not him, who controls the security agencies. The President did not even name Wike as a party in the crisis and therefore openly displayed his positioning as an anti Fubara interventionist. There lies the problem.
The President then invoked the provision of section 305 of the Constitution to declare a state of emergency in Rivers State with effect from the 18th of March, 2025. He then suspended 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 for an initial period of six months: nominating Vice Admiral Ibokette Ibas (Rtd) as Administrator to take charge of the affairs of the state.
Nigerians however have not forgotten that President Tinubu has been on public record criticizing President Jonathan for taking similar action in the past saying: “It is now abundantly clear that President Jonathan has finally bared his fangs confirming what was widely speculated. By declaring a state of emergency in Borno, Yobe and Adamawa, he has intimidated and emasculated the governors of these States. We are witnessing a dangerous trend in the art of governance and a deliberate ploy to subvert constitutional democracy.” The issue for most Nigerians was why did President Tinubu react this way to the declaration of state emergency in Borno, Yobe in May 2013 when the elected officials were not even suspended and do worse when he becomes president. This set the tone for the national response to the declaration of the state of emergency.
Within a few hours, the president of the Nigerian Bar Association (NBA) responded, querying the President. They contended that Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency but 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. Their concern was that 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 was not grounded in our Grand Norm. The 1999 Constitution does not grant the President the power to remove elected officials 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.
They argued that 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 next issue is that 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.”
The requirement therefore is that there shall be a division in voting on the matter - the requirement for the Senate being 72 votes and for the House, 240 votes. Yesterday however, both houses used voice votes to claim they have approved the proclamation but a voice vote does not tell you how many voted for or against. This evacuated the validity of the vote and created an additional political crisis because it became clear that neither the Senate nor the House could produce the required majority.
My good friend barrister Jiti Ogunye had argued that given the political nature of the conflict, suspension of the state executive and legislature could play the role of “deux ex machina” or miraculous solution to the protracted conflict. The fact that the votes in the national assembly were not counted removes the miraculous from the purported solution. I am therefore obliged to agree with my other barrister friend, Femi Falana, that the decision of President Bola Tinubu to suspend Governor Siminalayi Fubara, his deputy, Mrs Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months is illegal as it cannot be justified under any of the provisions of the 320 sections of the Constitution. In accordance with the relevant provisions of the Nigerian Constitution, the office of an elected governor can only become vacant upon death, ill health, resignation, or impeachment. Even where the office of the Governor becomes vacant for any reason whatsoever, the Deputy Governor shall be sworn in as the Governor.
I respect the argument made by my good friend, Dakuku Peterside that the political crisis in Rivers State has been exacerbated by the terrible decisions taken earlier by the Supreme Court. He argued that Justice is the bedrock of any democratic society, providing stability, fairness, and order. However, when a Supreme Court ruling not only deepens an existing crisis but also fuels political strife, it calls into question the Judiciary’s integrity and role in governance. For him therefore, the recent Supreme Court judgment concerning Rivers State has ignited a political firestorm, raising fundamental questions for governance, democracy, and the rule of law.
He points out that a meta-analysis of 134 expert legal commentaries in the media on the ruling reveals an overwhelming consensus—130 commentators argue that the verdict did more harm than good, failing to uphold legal standards and instead entrenching political instability. Those 130 commentators believe that the apex court did not dwell on the law but rather on extraneous issues. Only four legal experts expressed a differing opinion, highlighting the near-universal disapproval of the judgment within the legal community.
Peterside adds that Justice Mojeed Owoade (rtd) led 11-man Independent Judicial Accountability Panel also delivered a scathing critique of the judgment. The panel noted that the Supreme Court failed to resolve the crucial issue of the alleged defection of 27 lawmakers, leaving a gap in legal interpretation. This is because the court commented on the defection issue without actually addressing it.” This failure is significant given that a similar case in 2012 saw the Supreme Court uphold the removal of lawmakers who defected without due process.
One of the most contentious aspects of the judgment was its handling of local government elections. The Supreme Court verdict in annulling the elections did not follow any precedence known to law. To make matters more complicated, the Supreme Court nullified the elections without providing a timeline for fresh polls, leaving the fate of governance in limbo. LGA chairmen have been elected and sworn in yet the Supreme Court without hearing the chairmen or their political parties annulled the election.
The situation in Rivers State was promoted by these sets of action into a national political crisis in which state power projected through a minister, the judiciary, the President of Nigeria and finally the National Assembly have been amassed to smash a tiny governor called Fubara without due regard to the good people of Rivers State. My last word is that I do not have the intellectual capacity to discern who can bring back justice that would favour the Rivers people.
Oluwatoyin Adepoju
Lord have mercy!
"
The situation in Rivers State was promoted by these sets of action into a national political crisis in which state power projected through a minister, the judiciary, the President of Nigeria and finally the National Assembly have been amassed to smash a tiny governor called Fubara without due regard to the good people of Rivers State. My last word is that I do not have the intellectual capacity to discern who can bring back justice that would favour the Rivers people"
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Cornelius Hamelberg
It’s a matter of grave national concern, and as predicted, in responding to President Tinubu’s State of Emergency in oil-rich Rivers State, as a conscientious Nigerian, Jibrin Ibrahim would come out, like demolition man, guns blazing, spitting fire.
As was to be expected, reasonable, cool, calm and collected, guns blazing, Jibrin Ibrahim does not disappoint and his coverage of the matter gives us a comprehensive insight into the disaster.
In addition to Jibrin Ibrahim’s insight, there’s Bukola Oyeniyi’s justification of President Tinubu declaring a state of emergency and a few other pro and con views on the issue; all things considered these are still the main questions arising as to whether or not President Tinubu’s move is the best first step in resolving the dilemma, even if it would seem that what he said much earlier about President Goodluck Jonathan taking a similar action, are words that could have come back to bite him
After this very long period of instability, things have come to a catastrophic head, and at the very least Rivers State’s deposed Governor Siminalayi Fubara is now up the creek, in deep shit. The two first questions are probably best answered, if possible, unequivocally, by Nigeria’s constitutional lawyers and political scientists:
#Did the now suspended/deposed governor of Rivers State have the mandate or the constitutional authority to have, as charged by Nigeria’s president : “ 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”
#Does the President have the constitutional authority to suspend His Excellency, the Governor, his deputy, and all elected members of the House of Assembly of Rivers State for an initial period of six months and to nominate or appoint Vice Admiral Ibokette Ibas (Rtd) as Administrator to take charge of the affairs of the state.?
Who can decide about the legality/ illegality of the state of emergency measure, if not the Supreme Court?
As highlighted here, almost twelve years ago, the then Governor of Rivers State Rotimi Chibuike Amaechi said on BBC Hardtalk that Nigeria loses a billion dollars a month through oil theft.
Indeed it is a matter of grave concern, since oil is the linchpin of Nigeria’s economy, and given the dire economic situation in the country, It’s even more worrying when you consider the current price of Nigerian crude, that billions of dollars should be lost to the nation’s treasury through banditry…
Conclusion; If the state of emergency and a radical improvement in securing the pipelines are best facilitated by the new conditions of the state of emergency supervised by Vice Admiral Ibokette Ibas (Rtd), to stop the banditry and thereby to stop the haemorrhaging of the economy, then President Tinubu’s move is consistent with “ desperate times call for desperate measures.”