The Urgent Need for Emergency Rule in Rivers

by admin | Mar 24, 2025 | emergencies, government, news, politics, politics and government

As the leadership turmoil in Rivers State intensified with attacks on crucial oil and gas facilities, coupled with impending impeachment proceedings targeting Governor Siminalayi Fubara and Deputy Governor Ngozi Odu, President Bola Tinubu took decisive action last Tuesday by declaring a state of emergency in this petroleum-rich region. In doing so, he removed both officials from office along with the obstinate state legislature for an initial term of half a year. Concurrently, he designated former Chief of Naval Staff, Rear Admiral Ibok-Ete Ibas (retired), as the new administrator overseeing the state’s operations.
Upon assuming his duties on Wednesday, Ibas embarked on addressing these pressing issues head-on. Called back into service specifically to stabilize the situation in Rivers and bring stability over the next six months, his mission presents significant challenges. As someone who must draw upon years of military experience, Ibas faces the daunting task of restoring peace and functionality efficiently.
The announcement of martial law in Rivers generated considerable discussion among critics, particularly those aligned against the administration like members of the People’s Democratic Party and various disaffected political figures organized under the banner led by ex-Vice President Atiku Abubakar. Despite accusations leveled against them regarding personal interests influencing their stance, they argue vehemently against what they perceive as unlawful acts—namely, the removal of elected leaders without legitimate justification. However, supporters believe swift intervention was necessary to safeguard public welfare and protect essential resources.

According to Section 305 of the 1999 Constitution, as amended, which outlines the procedures for declaring a state of emergency, the role of the governor under such circumstances remains unspecified. Historically, however, practices regarding governors’ positions during emergencies have been inconsistent within our region.
For instance, in May 2004, Former President Olusegun Obasanjo declared an emergency in Plateau State due to escalating ethno-religious conflicts resulting in significant loss of life and property damage. As part of this intervention, Governor Joshua Dariye along with the entire state legislative body were relieved from their duties for half a year; subsequently, Major-General Chris Alli (retired) took over governance responsibilities aimed at restoring stability in the area.
Similarly, another similar situation occurred just two years afterward in Ekiti State where prolonged political instability prompted President Obasanjo to impose an emergency measure. This resulted in suspending both Governor Ayo Fayose and his deputy, Mrs. Biodun Olujinmi, alongside the local parliament including Honorable Friday Aderemi—the interim Acting Governor—appointing retired Brigadier General Tunji Olurin instead to oversee administrative functions and ensure safety across the territory for six additional months.

Regarding ex-President Goodluck Jonathan’s actions, he imposed an emergency rule in specific local governments severely hit by Boko Haram terrorist activities within Borno, Adamawa, and Yobe States back in 2013. This move did not dismantle the overall political and democratic systems in these regions. Additionally, President Jonathan kept the current chairman roles intact for those influenced local government districts. It seems his decision to avoid disrupting the governance of the three involved states—headed by their respective governors—and their legislative bodies may be attributed to how this emergency measure only targeted select council areas heavily affected.
As far as the Plateau State declaration goes, when it came before the Supreme Court, they could not establish whether dissolving established democratic frameworks under such circumstances was constitutional due to procedural issues with the lawsuit filed against it by the temporarily ousted lawmakers from Plateau. The court deemed the filing invalid since it had been initiated solely by the legislators themselves without formal backing from the state itself.

Several legal scholars have cited the Emergency Powers Act of 1961, an outdated legislation within the nation that once allowed for the dismantling of democratic institutions and the temporary removal of basic human rights during emergencies. This act came into play specifically following the declaration of emergency rule in the Western Region in 1962 under the administration led by Sir Abubakar Tafawa Balewa. Two notable instances include the rulings in Adegbenro v. Attorney-General of the Federation (1962) NLR 338 and F.R.A. Williams v Dr. M.A. Majekodunmi (1962) NLR 328, wherein the highest judicial body endorsed this act as grounds for dissolving governmental bodies. Legal luminary Professor Koyinsola Ajayi (SAN), speaking on Arise TV recently, highlighted that according to his interpretation, “The judges at the Supreme Court felt compelled not to overturn decisions made by the president when faced with immediate threats to life and property; their aim being to reinstate lawfulness and protect citizens.” Their stance regarding the validation of the state of emergency proclaimed in Plateau State remains unchallenged based on these arguments.

Apart from the legal formalities, the key factors in assessing how democratic institutions function within a state under emergency rule seem to revolve around the prevailing circumstances or conditions within that state, along with the extent of threats posed to public order and citizen safety regarding their lives and properties. In times of chaos and unrest, people tend not to recall specific provisions laid out by laws. This point was clearly articulated by Attorney-General of the Federation and Minister of Justice Lateef Fagbemi (SAN), who addressed queries from State House reporters on Wednesday. He stated: “The administration relies on three pillars—the Executive branch, Legislative assembly, and Judicial system—and your actions as the governor have rendered governance ineffective here. Simply stating that funds are being spent—even those allocated by you—is insufficient; these expenditures require prior approval through appropriation by the State Assembly. Such were among the observations noted by the Supreme Court. Ultimately, the court concluded that the behavior exhibited by the governor resembled tyranny, rendering governmental operations non-existent in Rivers. Given this absence of governance in Rivers, why should we seek further?”

Fubara exceeded his limits and ended up undermining himself. His actions were driven more by the emotional backing he received than by strategic thinking. He believed that resorting to force was necessary because he hadn’t resorted to underhanded tactics to secure victory earlier. When certain militant groups threatened to attack oil pipelines and essential facilities, the governor did nothing to discourage them. Instead, he publicly stated that he would inform the public about when these attacks should take place. A week later, several oil sites burst into flames. It doesn’t require much insight to grasp how this devastation came about. Additionally, the governor obstructed 27 legislators from carrying out their duties and dismantled the state assembly building. Four loyal lawmakers were relocated to the Governor’s residence where they assumed the roles typically held by all 32 members of the legislature.

In his announcement of the emergency rule in Rivers State, President Tinubu stated in his speech, “Certain militants have vowed to unleash destruction upon what they consider an adversary—the governor—who has yet to distance himself from these individuals. Additionally, neither the legislature nor the governor have managed to collaborate effectively. They fail to comprehend that their primary responsibility is to cooperate in ensuring stability and effective governance within the state.”

Critics opposing the imposition of an emergency rule in Rivers often cite President Tinubu’s past criticism of such measures when they were declared under ex-President Jonathan for Adamawa, Borno, and Yobe states. However, these critics tend to overlook another instance where Tinubu spoke against then-Governor Godwin Obaseki of Edo State. Obaseki had forcefully taken control over the state assembly and declined to swear in 14 representatives chosen by their local communities throughout his term as governor. In response, Tinubu denounced Obaseki, accusing him of undermining democratic principles by weakening legislative bodies—just as he now condemns Governor Fubara’s actions.

Once more, the National Assembly, specifically the House of Representatives, has incorporated democratic elements into the emergency decree by declaring routine monitoring over the actions of the administrator and allowing the National Assembly to carry out the legislative responsibilities of the Rivers State Assembly as outlined in the constitution. This emergency measure also played a crucial role in rescuing Fubara from an impending impeachment, which could have led to his removal throughout his term and barred him from participating in future elections due to his recklessness.

Ultimately, the President exhibited bravery and commendable leadership by stepping in to safeguard the country’s economy, which could have otherwise suffered severely and nullified previous advancements. A few years back, oil production dipped down to merely 900,000 barrels per day; however, it now stands at approximately 1.6 million barrels daily. Key government programs aimed at assisting underprivileged youth through organizations like NELFUND, along with crucial development efforts including CREDICORP-led infrastructural developments—such as expanding our network of roads—and substantial regular disbursements received by state governors from federal funds might have faced significant threats without prompt intervention. Had she hesitated in making this critical move, these achievements could have easily unraveled.

In my opinion, what is needed at present is for political figures within the nation, especially those from the Niger Delta region, to unite and mediate between the conflicting parties—the embattled Governor Fubara, the Minister of the Federal Capital Territory Nyesom Wike, and the members of the state House of Assembly—ensuring a swift restoration of stability in Rivers State and bringing about a conclusive settlement of the ongoing political turmoil. The National Assembly has taken a significant measure toward resolving these issues by announcing plans to establish a council of distinguished individuals aimed at facilitating dialogue amongst the disputing factions and guiding the state back onto a peaceful course. It is appropriate to acknowledge the federal legislators for promptly endorsing the emergency measures and demonstrating their commitment to swiftly addressing the situation.

Rahman serves as the Senior Special Assistant to President Tinubu for Media, Publicity, and Special Duties. In related news, Ibas has advised the monarchs of Rivers State to avoid engaging in partisan politics during the emergency rule.

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