Certain leaders of opposition political parties, under the aegis of Concerned Leaders and Political Stakeholders in Nigeria, have rejected the declaration of a state of emergency in Rivers State.
President Bola Ahmed Tinubu, on Monday, proclaimed emergency rule in the South-South state, appointing Vice Admiral Ibokette Ibas (Rtd) as Sole Administrator.
Addressing journalists on Thursday, former Vice President Atiku Abubakar—flanked by former Secretary to the Government of the Federation, Engineer Babachir Lawan, and former Kaduna State Governor, Mallam Nasir El-Rufai—declared that the president’s action “is not only unlawful but also a clear subversion of democracy and an imposition of autocratic federal control over a duly elected state government.”
“We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on the constitution of our country and the institutions of our democracy.
“Mr. President’s illegal and unconstitutional proclamation was presumably driven by the protracted and insidious political crisis in Rivers State, which culminated in the recent ruling of the Supreme Court. Naturally, we expected all parties to the dispute to follow laid-down procedures and, in good faith, promptly implement the judgment of the highest court of the land. We note that despite the provocative statements and belligerent attitude of his opponents, Governor Fubara demonstrated goodwill and appeared disposed to implementing the Supreme Court’s ruling.
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“However, rather than rising above the fray, the president succumbed to petty favoritism and betrayed the oath that he solemnly swore before God and man—to ‘do right to all manner of people, according to law, without fear or favor, affection or ill-will.’ If President Tinubu had previously disguised his true intentions, his broadcast to the nation on March 18, 2025, exposed his bias and fell far below the standard of comportment expected from his exalted office.”
The coalition further argued that the removal of Governor Sim Fubara and his deputy violated the procedures outlined in Section 188 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
They also maintained that while Section 305 of the Constitution allows the president to declare a state of emergency only in extreme cases, “it does not grant him the power to suspend elected officials or dismantle democratic structures, as he has brazenly done.”
The opposition leaders called on both chambers of the National Assembly to rise to the historic occasion of saving democracy by rejecting the emergency rule declaration in Rivers State.
The statement, read by Atiku Abubakar on behalf of the forum, stated in part:
“We are a cross-section of leaders and political stakeholders from across the country. We have come together to address the dangerous and unconstitutional actions taken by President Bola Ahmed Tinubu, GCFR, on March 18, 2025—namely, the declaration of a state of emergency in Rivers State and the illegal suspension of the democratically elected governor, deputy governor, and state House of Assembly.
“This action is not only unlawful but also a clear subversion of democracy and an imposition of autocratic federal control over a duly elected state government. We strongly condemn this development and call on all Nigerians of good conscience to resist this brazen assault on the constitution and the institutions of our democracy.
“Mr. President’s illegal and unconstitutional proclamation was presumably driven by the protracted political crisis in Rivers State, which culminated in the recent Supreme Court ruling. Naturally, we expected all parties involved to follow laid-down procedures and, in good faith, implement the judgment of the highest court. We note that despite the provocative statements and belligerent attitude of his opponents, Governor Fubara has demonstrated goodwill and appeared willing to implement the ruling.
“However, rather than rising above the fray, the president succumbed to favoritism and betrayed the oath he swore before God and man—to ‘do right to all manner of people, according to law, without fear or favor, affection or ill-will.’ If President Tinubu had previously disguised his true intentions, his March 18, 2025, broadcast exposed his bias and fell far below the standard of leadership expected from his office.”
The Constitutional Violations
1. Illegal Removal of a Governor and State Assembly
“The Nigerian Constitution does not empower the president to remove an elected governor, deputy governor, or state assembly members under any circumstances. The procedure for removing a governor is clearly outlined in Section 188 of the Constitution, which requires an impeachment process initiated by the state House of Assembly—not by a presidential proclamation or arbitrary pronouncement.”
2. Misuse of Section 305 on State of Emergency
“Section 305 of the Constitution allows the president to declare a state of emergency only in extreme cases where public safety, national security, or Nigeria’s sovereignty is at serious risk. However, it does not grant him the power to suspend elected officials or dismantle democratic structures, as he has done.
“Furthermore, Section 305(1) states that any proclamation of emergency is subject to the provisions of the Constitution—meaning it cannot override the tenure and removal procedures of a governor.”
3. Failure to Meet Constitutional Requirements for Emergency Rule
“The conditions under Section 305(3) for declaring a state of emergency include:
• War or external aggression
• Breakdown of public order and safety
• Natural disasters or any other grave emergency threatening Nigeria’s corporate existence
“None of these conditions exist in Rivers State. There is no war, no widespread violence, and no breakdown of law and order warranting an emergency declaration.”
Failure to Follow Due Process
“Even if an emergency declaration were valid (which it is not), it would still require a two-thirds majority approval of all members of the National Assembly—at least 72 Senators and 240 members of the House of Representatives. If this approval is not secured, the proclamation must automatically cease to have effect.”
Alternative Legal Avenues Were Ignored
“If the issue was the dysfunction of the Rivers State House of Assembly, the president could have encouraged the National Assembly to intervene under Section 11 of the Constitution. However, even in such an intervention, the governor and deputy governor cannot be removed by any arm of government except through constitutional means, as provided in Section 11(4).”
A Manufactured Crisis for Political Control
“This state of emergency declaration is not about security—it is about power-grabbing and control. The disagreements in Rivers State stem from the defection of 27 Assembly members from the PDP to the APC, their loss of seats under constitutional provisions, and the subsequent political maneuvering to undermine the governor’s mandate.
“Rather than allowing the law to take its course, the federal government has engineered a crisis to justify this premeditated and unconstitutional action. The federal government’s excuse of pipeline vandalism is untenable and laughable. The security of national infrastructure falls squarely under the federal security agencies and privately contracted security firms. If security was truly the concern, then who controls the police, the military, and the DSS? The Governor or the President?”
Our Demand and Call to Action
1. Immediate Reversal: We call on President Bola Ahmed Tinubu to immediately revoke this unconstitutional proclamation and reinstate the elected governor, deputy governor, and state assembly of Rivers State.
2. National Assembly’s Rejection: We urge patriotic Senators and Representatives to vote against this illegal action when it comes before them for approval. The National Assembly must stand on the right side of history and refuse to legitimize an unconstitutional power grab.
3. Judicial Intervention: We urge the judiciary to act swiftly in striking down this proclamation, as it sets a dangerous precedent that could be used arbitrarily to remove any governor in the future.
4. Nigerians Must Defend Democracy: Civil society organizations, political groups, and all Nigerians of good conscience must stand firm in defense of democracy and resist this unconstitutional move.
“Rivers State is not a conquered territory, and Nigeria is not a dictatorship. We must protect our democracy.”
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