Eminent Nigerians have spoken up against the violation of the 1999 Constitution by President Bola Ahmed Tinubu, Nyesom Wike of the Federal Capital Territory (FCT) Ministry and the Sole Administrator imposed on Rivers State, warning that the suspension of a sitting governor, Siminalayi Fubara, his deputy Ngozi Odu and the legislative arm of the state smack of illegalities that are capable of truncating democracy and destroy Nigeria’s reputation among other nations
By Ikenna Princewill
According to Section 305 of the Constitution of the Federal Republic of Nigeria (as amended), the President has the power to impose a State of Emergency (SOE) in any part of the Federation when there are security threats to the lives and properties of the citizens, threats of war and breach of peace. However, the conditions spelt out in the Section for the declaration of SOE in the country do not empower the president to sack an elected governor and the deputy governor and the state House of Assembly.
Also, the Section does not give the president the constitutional power to impose a Sole Administrator in place of a duly elected governor to govern any part of the country. Nigeria operates a federal Constitution which allows the federating states to run their affairs independent of the central government. Both the states and the Federal Government draw their powers from the Constitution which legal experts refer to as the Grund norm. These experts have insisted that the states are federating entities, and not an appendage of the government at the centre.
Thus, the recent declaration of SOE in Rivers State over a political tussle between the governor Siminalayi Fubara and Nyesom Wike who is the current Minister of the Federal Capital Territory (FCT), by President Bola Ahmed Tinubu, has raised serious constitutional issues that are heating up the Nigerian state. Wike who allegedly claimed to have singlehandedly imposed Fubara on the state as governor, had sought to remain the defacto ruler of the state as long as the Fubara reign would last. However, Fubara’s reaction to remaining a puppet governor had since 2023 ushered in a war of attrition between the two camps over who would be in charge of the resources and political structures of the state.
On his part, President Tinubu had remained an interested party in the dirty struggles between Wike and Fubara. Ostensibly, Tinubu has remained a strong backer of the Wike camp due to his alleged second term ambition for which he envisaged Rivers State as a critical success factor.
Many political analysts remain insistent that the political war in Rivers State required a political solution, however Tinubu had opted to declare a SOE in the state as a means to forcefully snatch the state from the solid grip of Fubara and his allies.
On Tuesday, March 18, 2025, President Tinubu declared a State of Emergency in Rivers State. According to legal experts, the Constitution allows the president to resort to such a drastic action when there is serious threats to peace and security of the nation. But they argued that the situation in Rivers State had not degenerated to the picture painted in the Constitution.
Analysts also faulted Tinubu on the suspension of democratic structures in Rivers such as the governor, his deputy Ngozi Odu and the state legislature, as well as the imposition of a Sole Administrator, Admiral Ibok-Ete Ibas (retd) who is a former Chief of Naval Staff. Tinubu failed to take any action against Wike who is the architect of the political crisis in the state.
Interestingly, Tinubu hastely swore-in the Sole Administrator a day after the declaration on Wednesday, March 19, 2015 having allegedly bribed the National Assembly which endorsed his actions. Lawyers, including the President of the Nigerian Bar Association (NBA), Afam Osigwe, said there was no provision in the Constitution for the swearing in of a Sole Administrator because Nigeria runs a Constitutional democracy. Since his alleged illegal actions against the people of Rivers State, various opinion leaders and elder statesman have been unanimous in condemning Tinubu and what they refer to as a rape of democracy and rule of law.
Osigwe said, “That is our belief, that is what we expect the president to do, to restore him (Fubara) back to power having unconstitutionally removed him.
“And that is why we do not recognise a sole administrator is the rightful person to occupy the government house in Rivers State having been appointed unconstitutionally.
“Even when I saw him taking oath of office, I was wondering which oath he was taking because he was taking an oath not known to the Constitution, the Constitution does not recognise an administrator.”
The measures being taken by the president are overreaching, extensive, undemocratic and above all, unconstitutional.”
“I do not believe that it (Section 305) is not explicit, I simply believe that we deliberately refuse to apply it the way it is.”
A Senior Advocate of Nigeria (SAN), Femi Falana, also described as illegal the decision of President Tinubu to suspend Governor Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for six months.
In a statement made available to the media, the senior lawyer said the President’s decision cannot be justified under any of the provisions of the 320 sections of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
While recognizing that Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if there is an actual breakdown of public order and public safety in the Federation, Falana argued that the extraordinary measures which may be adopted by the President to restore peace and security do not include the suspension of an elected Governor, an elected Deputy Governor, and the dissolution of other democratic structures.
Falana, therefore, called on the President to follow the path of constitutionalism without any delay and to proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State.
According to him, “This call is without prejudice to the duty imposed on the President to adopt extraordinary measures to restore law and order in Rivers State under Governor Fubara in strict compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended.”
Warning against dire consequences of the suspension of elected political structures in Rivers, former vice president Atiku Abubakar, in a statement personally signed by him, described President Tinubu as a “vested partisan actor” in the crisis that engulfed the state in recent times.
According to him, “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.
“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.”
“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.” he said.
The Nobel Laureate, Prof. Wole Soyinka, has lampooned the recent suspension of Rivers State Governor, Fubara, describing the action as an over-excessive use of presidential power.
Soyinka, who spoke to an international news outlet, said the declaration of a state of emergency in Rivers State undermined the spirit of federalism and sets a dangerous precedent.
He said, “If it is constitutionally right, then I think it is about time we sat down and amended the constitution to make sure it operates as a genuine federal entity.
“The government is over-centralised. The debate will go on whether this (state of emergency) was, in the first place, a wise decision, but in terms of fundamental principles, I believe that this is against the federal spirit of association.
“I find that the constitution has put too much power in the hands of the president. The system we are operating right now is not the best for a pluralistic society like ours. That is a fundamental principle I have always held.
“The federal spirit of association is a cardinal principle and, for that reason, some of us have called again and again for a national conference to really accord ourselves an authentic people’s constitution. Right now, in principle, this action is against the federal imperative.”
On his part, former president Goodluck Jonathan insisted that the suspension of Governor Fubara, and other elected officials of Rivers State, has dented the image of the country within the international community.
While speaking as the Chairman at the Haske Satumari Foundation Colloquium in Abuja on Saturday, March 22, 2025, Jonathan expressed disappointment that elected officials can be removed by a sitting president. “These actions by key actors in the executive and legislative arms of government paint the country in a negative light.
“What is happening in Nigeria today regarding the situation in Rivers State is like an Indian proverb that says: ‘If somebody is sleeping, really sleeping, you can easily wake up that person. But if that person is pretending to sleep, you find it difficult to wake up that person’.
“The key actors in Nigeria, from the executive to the legislature, judiciary and the Senate and the judiciary… they know the correct thing to do. But they are refusing to do it.
“They are pretending to sleep and waking such a person is extremely difficult because the person knows the right thing.
“A clear abuse of office and clear abuse of power cutting across from the three arms of government — from the executive to the parliament and the judiciary.”
A former Senate President, Adolphus Wabara stated that the removal of the Rivers State governor and his deputy, as well as the imposition of a Sole Administrator to govern the state amount to an assault on the nation’s democracy. In a statement issued by Wabara, he insisted that President Tinubu’s declaration of emergency rule, suspending Rivers governor and state lawmakers smacked of an assault on the Constitution and rule of law.
The former Senate President noted that replacing dismantling democratically elected office holders and installing in their place “a sole administrator is undemocratic and alien to our Constitution.” He described Tinubu’s action as “a gross violation of Nigeria’s Constitution – the foundational legal document that guarantees the rights of Nigerians to participate in the democratic process.”
According to him, “An attack on the very essence of our Republic (is) an action that deserves the strongest condemnation and corrective action by all well-meaning Nigerians, the judiciary, civil society, and the international community.
“In my capacity as the Chairman of BoT of our great party, the PDP; and a former Senate President, I, Senator Adolphus Wabara, call for the reversal of this assault on our democracy.
“It’s sad and disheartening that Mr. President ignored my earlier advice to ignore those calling for emergency rule in Rivers State. I had also advised him not to lean towards those attempting to hijack power through the back door in Rivers State.
“I had then sought his intervention as the father of the nation because the political crisis in Rivers State if mismanaged, is capable of plunging the entire country into a needless political turmoil.
“President Bola Ahmed Tinubu’s action only reminded Nigerians of the better-forgotten era of military dictatorship.
“Could it be a mere coincidence that the day the PDP National Secretariat land in Abuja was revoked by the APC-led administration, was the same day the Governor of Rivers State was served impeachment notice?
“The people of Rivers State exercised their democratic rights in electing their leaders, including the State governor, deputy governor, and members of the House of Assembly. These leaders were not appointed by the President or any other authority but were chosen by the people to represent their interests.
“The Constitution guarantees their right to serve the duration of their mandate, and the President’s unilateral suspension of these duly elected officials represents a direct violation of the people’s will.”
“The president can only declare a state of emergency in specific circumstances such as war, insurrection, or other situations that threaten the integrity of the nation. The situation in Rivers State does not meet the constitutional criteria for such a declaration. The absence of any pressing national emergency renders the president’s decision not only unwarranted but also an abuse of power.
“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”.
Faulting National Assembly’s hasty approval of the SOE, Senator Aminu Waziri Tambuwal and former Sokoto State governor, revealed that the Senate failed to meet the constitutional two-thirds majority required to approve President Tinubu’s proclamation of a state of emergency in Rivers State.
Tambuwal, who faulted the entire process, which had since come under condemnation, said nothing prevented the National Assembly from making reference to its own precedents, which were in its records.
Tambuwal, who represents Sokoto South, argued that the necessary two-thirds majority—73 out of 109 senators—was not met.
According to him, the decision of the Senate violated Section 305 of the 1999 Constitution, as amended.
he said, “Section 305 of the Constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative process required.
“I observed that there were not enough senators present to meet the constitutional requirement. From what I saw, there was no such number on the floor on that day.
“What stops the current National Assembly from making reference to its own precedents that are in its records? I can’t understand that.”
The 2023 presidential candidate of the Labour Party (LP), Mr. Peter Obi, bemoaned the state of democracy in Nigeria stating that it has failed and collapsed completely.
Mr. Obi, who was a guest at a panel discussion at a Colloquium to mark the 60th birthday of former Imo State governor, Emeka Ihedioha, with the theme “Democracy: Is it failing in Africa?” also noted that while some people laid a foundation for the current democratic rule in the country and built it to an extent, another set of people came and knocked it down.
Obi said, “If you look at what Bishop Kukah said, he said it is work in progress. If you look at where we are, they started in 1999, laid the foundation. Some people came and took it to decking.
“Some people were trying to raise it to the first floor and some people came and knocked everything down. That is the situation we are in now. Everything has been knocked down. Nothing works.
“The democratisation of development leads to the development of democracy. That is if you decide to equitably democratise development, and not take every institution, university, medical school, whatever to your village and if all the roads are done.
“If you appreciate the fact that the poor people living in the hill, living across the River, too didn’t come to accompany you, so if we are honest enough to democratise development, we will be able to develop democracy…
“The challenge for us in Nigeria is that everytime, I think, it was my friend Donald Duke who made the point, he said that everybody who comes as a governor wants to go back to the bottom of the hill to start something completely different.
“If we do not have a mechanism by which we are measuring our growth, our chase for a democratic society becomes an empty chase.
“Democracy and its principles are in endless contestations, both of ideas, opportunity and privileges, because those who are privileged want to hold on to their privileges and those who are victims want to insist that life can be better.”
Obi found fault with the release of the withheld federation allocation funds of Rivers State Ibas, the sole administrator. He stated, “We cannot build a nation where those who swore oaths to uphold our constitution and obey the laws are doing the opposite.
“This is about more than just Rivers State; it is about protecting the very fabric of our democracy, and our existence as a nation.”
Condemning Tinubu’s unconstitutional actions, the Pan-Yoruba socio-cultural organisation, Afenifere, lampooned the National Assembly for backing the state of emergency declaration in Rivers State, saying the lawmakers have desecrated the 1999 Constitution.
Afenifere noted that members of the National Assembly, through their actions, have demonstrated that they lack the courage to defend the democratic rights of the people of Nigeria.
The Yoruba body stated this in a communique at the end of its National Caucus meeting held at the residence of its former leader, the late Pa Ayo Adebanjo at Isanya Ogbo in Ogun State.
The communique signed by its Leader and National Publicity Secretary, Oba Oladipo Olaitan and Prince Justice Faloye, said the action of President Bola Tinubu in declaring a state of emergency in Rivers State and the support of the National Assembly was “an ill wind that blows the nation no good and spit on the faces of Nigerians.”
The communique said: “Contrary to the expectation of Nigerians but in a manner consistent with its proven character, the 10th Assembly in both chambers not only joined hands with the President in further desecrating the tenuous 1999 Constitution but also demonstrated lack of courage to defend the democratic rights of the people of Nigeria.
“In clear terms, the provision of the constitution requiring the concurrence of the 2/3 majority of the members of the National Assembly on any matter, is in the absence of a national referendum, a call for legislative plebiscite in determining the issue concerned which must be demonstrated without equivocation.
“That the resort to voice votes obscuring compliance with the constitution on the required number to deal with such a matter of monumental national importance of Presidential reversal of the electoral decision of the people of Rivers State is an ill-wind that blows the nation no good and spit on the faces of Nigerians.
“Without recourse to other acts of persistent violation of their oaths of office and such others decimating the integrity, particularly of the Senate, Afenifere calls on the present leadership of the National Assembly to step aside in the interest of decency, integrity and respect for the principles of separation of powers on which fulcrum our democracy lies.
“In line with the above, Afenifere observed and holds that the recent vote of confidence on the Senate President by his colleagues is an admission of a crisis of trust on which motion the Senate President presided to the chagrins of the world.
“By these very acts, a new gambit has emerged – the crisis of Nigerian constitutionalism using which both the horizontal principle of separation of powers and the vertical principles of federalism are all undemocratically usurped by the all-powerful executive, who could do whatever he wants. This is the same way Hitler hijacked the German democracy.
“Afenifere calls on all people of goodwill to rise legitimately to restore the rule of law, ensure best democratic practice and save the Nigerian democracy. We must nip this in the pud before our hard-won democracy is destroyed.”
Meanwhile, Seven PDP states have sue Tinubu and National Assembly at Supreme Court over Rivers emergency rule.
The suit by the seven PDP states will be precedent-setting if it overcomes the likely challenges to their locus standi (legal right to sue).
The seven state governments led by governors belonging to the opposition PDP sued President Tinubu over his suspension of Rivers State’s democratically elected officials under an emergency rule.
The states, through their respective Attorneys-General, urged the court to declare that the president “has no powers whatsoever” to suspend a democratically elected governor and deputy governor of a state under the guise of proclamation of a state of emergency in any state of the federation.
The plaintiffs equally argued that nothing in the constitutional provisions cited by Mr. Tinubu to impose a state of emergency in a state empowered him to suspend a democratically elected House of Assembly of the state.
Therefore, they urged the Court to declare as illegal and unconstitutional the president’s suspension of Rivers State Governor Fubara, his deputy and members of the Rivers State Assembly under the guise of implementing an emergency rule. The plaintiffs want the Supreme Court to declare the action as utterly in gross violation of the provisions of the Nigerian Constitution.
The seven states, including Adamawa, Bauchi, Zamfara, Plateau, Bayelsa, Enugu and Osun, want the Supreme Court to reverse the suspension of the elected officials under the emergency rule.
In the suit, each of Nigeria’s six geo-political zones is represented among the plaintiffs.
