The declaration of a state of emergency in Rivers State, has been generating reactions from a cross-section of the Nigerian public. Among those who have responded were Atiku Abubakar, Presidential candidate of the People’s Democratic Party (PDP), Senator Babafemi Ojudu, former Special Adviser on Political Affairs in the Presidency, attached to the immediate past Vice President Yemi Osinbajo; Femi Falana, Senior Advocate of Nigeria and human rights activist; the suspended Governor, Siminalayi Fubara; Nigerian Bar Association; Senator Shehu Sani, Richard Akinnola and others.
The reactions are mixed. While some praised the move as expedient, others argued it was a mistake.
Former Vice President, Alhaji Atiku Abubakar, has criticised President Bola Tinubu for declaring a state of emergency in Rivers State. Atiku, who took to X to react to the development shortly after the president suspended Governor Siminalayi Fubara, his deputy and members of the state House of Assembly in a nationwide broadcast on Tuesday, March 18, 2025.
“Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent,” Atiku said.
Continuing, the former Vice President said it is a failure on the part of the president that the Niger Delta region has been thrown back into era of unrest, adding that the president should bear responsibility for the bombing of pipeline infrastructure in the region.
“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 @officialABAT’s enablers in the federal government is nothing less than an assault on democracy and must be condemned in the strongest,” Atiku stated.
Also, Senator Babafemi Ojudu, in a press statement, entitled, Back to Ground Zero: Who Advised President Bola Ahmed Tinubu to Do This?, said:
“I have just picked up my phone after breaking my fast to find multiple missed calls and countless messages about an alarming development: President Bola Ahmed Tinubu has reportedly declared a state of emergency in Rivers State.
If this is true, then I must ask: Who advised the President to take this course of action? Whoever it is, they are certainly not a friend of his administration, nor do they have the best interests of Nigeria at heart.
How could the President willingly walk into a raging inferno with his eyes wide open? No, no, no… this must be the work of fifth columnists. The Tinubu I once knew would not have made such a reckless and unnecessary decision.
To what end? This is a simple political dispute that requires a simple solution. Call the two gladiators, sit them down, and read them the riot act. One of them, after all, is your own appointee. What will it benefit you, Mr. President, to keep Wike and lose the Nigerian economy?
The Dangerous Economic Implications of This Decision
Does the President realize that the Niger Delta crisis twice pushed Nigeria into recession under President Muhammadu Buhari.
Has he been informed that at one point, Nigeria’s oil production collapsed to below 400,000 barrels per day, down from 2.5 million barrels per day? That catastrophic drop in production was a direct result of political mismanagement and conflict in the region.
It took years of painstaking effort and immense risks to stabilize the region, stop the sabotage of oil infrastructure, and restore some level of production. I should know—I was part of that difficult and excruciating process.
This decision threatens to undo all that progress.
If the situation escalates, we risk another shutdown of vital oil production facilities. We risk renewed pipeline sabotage, illegal oil bunkering, and militant activities. We risk another economic nosedive—at a time when Nigeria can least afford it.
The global oil market is unforgiving. Investors do not wait for internal political conflicts to be resolved. They simply take their capital elsewhere.
Mr. President, this is not just about Rivers State. It is about Nigeria’s economic survival.
And What About the Soldiers Fighting to Keep Nigeria Safe?
While we waste energy escalating political battles in Rivers State, thousands of Nigerian soldiers are still fighting for their lives—and for the nation’s survival—against insurgents, bandits, and kidnappers in the North East, North West, and North Central.
These are the real emergencies. These are the crises that demand decisive leadership.
The men and women of our armed forces are stretched thin, battling terrorists and criminal networks daily. They do not need yet another crisis to divert resources and attention.
Nigeria cannot afford to be fighting on multiple fronts—politically, economically, and militarily. Mr. President, do not open a new war front in Rivers State while real wars are still raging elsewhere.
This Is Not the Way to Manage This Crisis, Mr. President
This portends disaster—for your administration, for the economy, and for the nation.
A state of emergency is not a strategy—it is an admission of failure. There are far more effective, far less destructive ways to handle this situation.
I urge you, Mr. President, to rethink this decision before irreparable damage is done.”
Richard Akinnola, a veteran journalist judicial matters, wrote:
“According to reports from the International Centre for Investigative Reporting (ICIR), between January and May 2023, over 200 people died as a result of insecurity in the South East, while gunmen killed 37 police officers in 52 attacks in the same region. Similarly, in the first four months of 2023, over 1,200 people were killed, and 844 were kidnapped across Nigeria, according to the Council on Foreign Relations and TheCable Index.
Despite these, no state of emergency was declared in the respective states But in Rivers State where no one has been killed, fiaaaam, state of emergency. Yet, only one party to the political feud is to be blamed. Even the one threatening fire and brimstone on the TV is blameless. Yoruba call it wuruwuru to the answer. That has been the game plan. History would record everyone. No yawa
Also, Falana, a Senior Advocate of Nigeria, argued in a piece, Illegality Of Dissolution of Elected Democratic Structures In Nigeria, 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 of the Federal Republic of Nigeria, 1999 as amended.
He added: “No doubt, Section 305 of the Constitution empowers the President to take extraordinary measures to restore law and order if, among other reasons, 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 or 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.
But, the extraordinary measures which may be adopted by the President to restore peace and security in the Federation or in any particular State does not include the suspension of an elected Governor, an elected Deputy Governor and the dissolution of other democratic structures. For the avoidance of doubt, section 45(3) of the Constitution provides that a ‘period of emergency’ means “any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.”
Thus, 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.
And where the offices of the Governor and Deputy Governor become vacant at the same time, the Speaker of the State House of Assembly shall become an Acting Governor for not more than 3 months. During the 3-month period, a fresh election shall be conducted by the Independent National Electoral Commission for the election of a new governor.
It is pertinent to state that the failure of a House of Assembly to function in Rivers State can not be a justification for the dissolution of democratic structures in any State of the Federation. Indeed, the Constitution had envisaged that a State House of Assembly may not be able to function due to one reason or another. Hence, section 11(4) of the Constitution stipulates as follows:
“At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:
Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.”
In 2004 and 2006, we condemned the illegal dissolution of democratic structures when President Olusegun Obasanjo imposed emergency rules on Plateau State and Ekiti State, respectively. Regrettably, on both occasions, the Supreme Court refused to determine the constitutional validity of the dissolution of democratic structures on the ground that the suit were procedurally incompetent because they were instituted during the six-month emergency period by the suspended legislators in the name of Plateau State without the authorization of the Sole Administration of the state!
However, in 2013, when a state of emergency was declared in Adamawa, Borno and Yobe States by former Presidents Goodluck Jonathan, we urged him to reject the pressure mounted on by anti democratic forces to remove the elected Governors and dissolve democratic structures in the affected States. President Jonathan followed the path of constitutionalism.
In 2021, the then Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN announced the plan of the federal government to declare a state of emergency in Anambra State over insecurity and threat to a complete breakdown of law and order in that part of the Federation We advised President Buhari not to demolish democratic structures even if emergency rule was imposed on the state. President Buhari followed the path of constituionalism.
In the cases of Adegbenro vs. Attorney-General of the Federation (1962) 1 NLR 338 F.R.A. Williams V Dr. M.A. Majekodunmi (1962) 1 NLR 328 the Supreme Court of Nigeria validated the Emergency Powers Act 1961 to justify the dissolution of democratic structures as well as suspension of fundamental human rights in western region. As there is no equivalent of the Emergency Powers Act 1961 under the current constitutional dispensation, the suspension of an elected Governor by an elected President is a constitutional anomaly under the 1999 Constitution.
In Attorney General of the Federation v. Attorney General of Abia State & Ors (2024) LPELR-62576 (SC) filed by the Bola Tinubu administration, the Supreme Court of Nigeria held that the removal of elected chairmen and councilors as well as appointment of sole administrators or caretaker committees by State Governors to run local government councils are illegal and unconstitutional. It follows to reason that the suspension of elected governors and elected members of the House of Assembly by the President is illegal and unconstitutional in every material particular.
To that extent, a serving or retired military officer can not be imposed as a Sole Administrator to govern any state in Nigeria. Similarly, a military officer cannot be appointed by the National Assembly as a Sole Administrator to govern the Nigerian people during a war between Nigeria and another country.
In the Speaker, Bauchi State House of Assembly v Hon Rifkatu Danna (2017) 49 WRN 82 and several other cases, Nigerian Courts have held that the suspension of elected legislators is illegal and unconstitutional. Therefore, the National Assembly should not endorse the illegal suspension of the Rivers State legislators that have not defected from the People’s Democratic Party to the All Progressive Congress. Instead of approving the illegal dissolution of democratic structures in Rivers State, the National Assembly should assist Governor Fubara by invoking its powers under section 11 (4) of the Constitution “to make laws for the peace, order and good government of that State”
Therefore, we are compelled to call on President Bola Tinubu to follow the path of constituionalism without any delay. The President should proceed to reinstate the suspended Governor Fubara and Deputy Governor Odu and restore all democratic structures in Rivers State. 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, 1999 as amended.
The Nigerian Bar Association also made a public statement condemning the new development in Rivers. This is contained in its statement, signed by its President, Mazi Afam Osigwe, SAN, entitled, “State Of Emergency In Rivers: “Suspension” Or Otherwise Summary Removal Of A Democratically Elected Governor And Other Elected Officials Is Unconstitutional”
“The Nigerian Bar Association (NBA) has taken due notice of the declaration of a state of emergency in Rivers State by President Bola Ahmed Tinubu, as contained in his address to the nation today, 18th March 2025. This declaration according to the President is due to the prevailing political tension in the state and due to the “vandalization of pipelines between yesterday and today:” This development has far-reaching constitutional and democratic implications, particularly in light of the provisions of Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which governs the procedure for the proclamation of a state of emergency and which the President purported to have relied upon.
Section 305 of the Constitution indeed vests the President with the power to declare a state of emergency, 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.
The NBA is gravely concerned about 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.
The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature 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.
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.
The NBA firmly asserts that the situation in Rivers State, though politically tense, does not meet the constitutional threshold for the removal of elected officials.
For a state of emergency to be declared, Section 305(3) of the Constitution outlines specific conditions, including:
- War or external aggression against Nigeria.
- Imminent danger of invasion or war
- A breakdown of public order and safety to such an extent that ordinary legal measures are insufficient.
- A clear danger to Nigeria’s existence.
- Occurrence of any disaster or natural calamity affecting a state or a part of it.
- 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 purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is therefore unconstitutional, unlawful, and a dangerous affront to our nation’s democracy.
Furthermore, 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.”
These provisions provide that a state of emergency declared by the President does not assume automatic validity. It requires legislative ratification within a defined timeframe to remain in effect. The NBA, therefore, emphasizes that unless the National Assembly duly approves the proclamation, the declaration of a state of emergency in Rivers State remains constitutionally inchoate and ineffective.
In light of the foregoing, the Nigerian Bar Association:
- Affirms that the President does not have the constitutional power to remove an elected governor under a state of emergency. Any such action is an unconstitutional encroachment on democratic governance and the autonomy of state governments.
- Calls on the National Assembly to reject any unconstitutional attempt to ratify the removal of the Rivers State Governor and other elected officials. The approval of a state of emergency must be based on strict constitutional grounds, not political expediency.
- Warns that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy and could be misused to unseat elected governments in the future.
- Demands that all actions taken in Rivers State strictly conform to constitutional provisions and Nigeria’s democratic norms.
- Encourages all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State to prevent unconstitutional governance and abuse of power.
The NBA remains committed to upholding the Constitution, defending democratic governance, and ensuring that the rule of law prevails in Nigeria. A state of emergency is an extraordinary measure that must be invoked strictly within constitutional limits. The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable.
We call on all relevant authorities to act in accordance with the law and the best interest of the country. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances.
The main victim of the State of Emergency, Fubara, addressed the people of Rivers, appealing for calm. In his words:
“My dear Rivers People,
I address you today with a deep sense of responsibility and calm, as we navigate this unfortunate moment in our state’s political history.
Since assuming office as your Governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.
We prioritized the protection of lives and property and ensured the continuous progress of our dear State.
Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.
This was why, immediately after Mr. President’s intervention to broker peace, we did not hesitate to implement the agreed terms in good faith, including welcoming back commissioners who had previously resigned on their own volition.
Furthermore, we moved swiftly to comply with the Supreme Court’s judgement immediately we received the certified true copy of the judgement to return the state to normalcy.
These steps were taken not for personal gains but to foster peace, unity and stability in our dear State.
Unfortunately, at every turn, members of the Rivers State House of Assembly frustrated our efforts, thus making genuine peace and progress difficult.
Our priorities remained the security of lives and property and advancing the well-being and prosperity of Rivers people.
Yes, we have political disagreements, but good governance had continued, salaries have been paid, and great projects were being executed to move the State forward. Above all, Rivers State is safe, secure and peaceful under our watch.
At this critical time, I urge all Rivers people to remain peaceful and law-abiding. We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.
We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.
God bless Rivers State. God bless the Federal Republic of Nigeria.”
However, Shehu Sani did not see anything bad in the development in Rivers. He argued: “The State of emergency declared on Rivers State remains the only constitutional instrument to restore law and order in the State. Judicial,Political and even Spiritual solutions failed to bring the gladiators to peace. The importance of Rivers State to the economic stability of the country cannot be ignored
So also, Wale Adedayo, former Chairman, Ijebu East Local Government Area of Ogun State.
As he argued: “It was simply wrong for the former Governor to demolish the Rivers State House of Assembly building. It means the man dies not believe in democracy. That majority of the lawmakers are against you and you hold the Executive position does not mean you can become a dictator.
Militancy has its limit. That you can call on some militants to wreck havoc does not mean you have the final say. Others can do same and in an official capacity too. Once the central government moves against you, it is end of story. No matter how bad Fubara felt following his altercation with Wike, he should have found a way to become a statesman who’ll not resort to violence in a volatile state.”
The All Progressives Congress also threw its weight behind the President. Mr Ajibola Basiru, the National Secretary
expressed hope that the emergency would help restore peace and order in the troubled oil-producing state.
“It is a welcome and positive decision by President Tinubu to restore order to Rivers, which was fast becoming a failed state,” Basiru stated.
Basiru lamented that both the executive and legislature in Rivers had failed in their constitutional duty to ensure the people’s welfare and security.
He advised the Osun governor to take note and allow court-reinstated Local Government Councils to function, or risk a similar emergency declaration in Osun.
Meanwhile, the President has directed security agencies to safeguard lives, property and vital infrastructure, including oil pipelines, across Rivers.