Tinubu’s State of Emergency in Rivers: Legal or Political Power Play?

Confidence UbaniMarch 19, 20254 Mins read29

President Bola Tinubu’s declaration of a six-month emergency in Rivers State has triggered a nationwide debate. Opposition figures, legal scholars, and civil society groups are questioning the constitutional basis of the move.

While the Federal Government claims the action was necessary due to rising insecurity and political instability, critics argue it violates the Constitution. Many also fear it sets a dangerous precedent for excessive presidential control over states.

Suspension of Elected Officials

In a nationwide broadcast on Tuesday, 18 March, President Tinubu announced the immediate suspension of Governor Siminalayi Fubara, Deputy Governor Ngozi Odu, and all elected members of the Rivers State House of Assembly.

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, Tinubu stated.

To oversee the state’s affairs, he appointed Vice Admiral Ibokette Ibas (Rtd) as Administrator. Tinubu clarified that the judiciary would remain functional.

The Political Crisis Behind the Move

The decision follows months of political turmoil in Rivers State. A power struggle between Governor Fubara and his predecessor, Nyesom Wike, now Minister of the Federal Capital Territory (FCT), has resulted in divisions.

On Monday, 26 lawmakers presented letters to Speaker Martin Amaewhule, accusing Fubara of gross misconduct. They alleged that he engaged in reckless and unconstitutional expenditure of public funds, obstructed the legislative arm of government, and made appointments without legislative approval. The letters, citing Section 188 of the 1999 Constitution (as amended), were transmitted to the governor and his deputy. This had set the stage for a potential impeachment process.

Last week, Governor Fubara attempted to enter the Rivers State House of Assembly quarters in Port Harcourt but was prevented. His entourage met locked gates at the entrance, the same facility the Martin Amaewhule-led faction of the Assembly used as the legislative chamber. This faction is aligned with Wike, which further worsened the crisis.

On Monday night, 17 March, a massive explosion hit the Trans-Niger Pipeline in Bodo, Gokana Local Government Area. This pipeline, operated by Shell Petroleum Development Company, supplies crude oil to export terminals. Barely 24 hours later, a second explosion struck Omwawriwa, Ogba-Egbema-Ndoni Local Government Area (ONELGA). The affected pipeline transports crude oil from Seplat, Agip, and Shell to Brass in Bayelsa State.

Security agencies have not ruled out sabotage, given the political tension in the state. Tinubu’s declaration of a six-month state of emergency came amid the explosions.

Military Takeover of Government House

As the state of emergency took effect on Tuesday, heavily armed soldiers surrounded the Rivers State Government House. All exits were blocked to restrict movement.

We are being held hostage, a senior government official told The Gazette. They said they don’t have instructions to let anyone leave the premises.

Governor Fubara and his family reportedly attempted to leave with personal belongings but were stopped.

Legal Debate: Is Tinubu’s Move Constitutional?

The 1999 Constitution (as amended) outlines strict conditions for declaring a state of emergency under Section 305(3). These include:

War or imminent war (Section 305(3)(a))
A breakdown of public order and safety (Section 305(3)(c))
A clear danger to Nigeria’s stability (Section 305(3)(d))
Natural disasters (Section 305(3)(e))
A request by the state governor, with legislative approval (Section 305(4))

Some observers argue that Rivers State does not meet these conditions and a security intervention could have sufficed to manage the situation. Human rights lawyer Inibehe Effiong questioned the legality of the move.

President Tinubu has no constitutional authority to suspend a sitting governor or state legislators. The Constitution does not provide for this power, Effiong said.

Former Vice President Atiku Abubakar also criticised the action. He linked the pipeline explosions to a broader political scheme, suggesting the government used security concerns as a pretext for intervention. The way the declaration was rushed has also raised concerns. However, House Spokesman Akin Rotimi Jr. claimed that Senate President Godswill Akpabio, House Speaker Abbas Tajudeen, and security officials met with Tinubu before the declaration.

Mr President’s formal letter informing the House of Representatives of his decision and seeking approval in line with Section 305 of the Constitution has been transmitted, Rotimi said.

West Africa Weekly notes that for a state of emergency to take effect, both chambers of the National Assembly must convene to consider the proclamation and approve it by a two-thirds majority (Section 305(6)(b)). This must happen within two days if the Assembly is in session or within ten days if not. Without approval, the proclamation becomes void. Whether due process was followed in this case is contestable.

Motivations and Past Precedents

Many Nigerians are questioning why Tinubu acted quickly in Rivers but failed to address the relentless herdsmen attacks in Benue State or insurgent attacks in some Northern areas. This inconsistency has fueled accusations that the Rivers declaration is politically motivated.

Tinubu’s decision is not the first state of emergency declared by a Nigerian president. However, past precedents had different justifications and execution methods. In 2000, the Federal Government threatened to declare an emergency in Lagos State, where Tinubu was governor. The reason was to “check the activities of the Oodua People’s Congress (OPC),” but it never happened.

In 2004, after hundreds were killed in communal clashes in Plateau State, President Olusegun Obasanjo suspended Governor Joshua Dariye and imposed a state of emergency. Two years later, in 2006, Obasanjo suspended Governor Ayo Fayose in Ekiti State under similar conditions.

Ironically, when Obasanjo suspended Dariye in 2004, then-Governor Bola Tinubu of Lagos State called it illegal. As President, Tinubu has suspended all elected officials in Rivers with questionable legislative backing. Nigerians wonder whether this is a necessary intervention or a political power grab.