President Bola Tinubu on Tuesday, declared a state of emergency in Rivers State over the protracted executive/legislative crises in the state. Was his action justified and will this return peace in the state? Asks ONYEKACHI EZE
Perhaps, the presidency did not expect the backlash that trailed the March 18 declaration of state of emergency in Rivers State by President Bola Tinubu. This is because, it was not the first time a sitting president would be exercising his power under Section 305 of the 1999 Constitution (as amended), to declare emergency rule in a state where he suspected there was a breakdown of law and order and threat to democracy.
In May 2004, Olusegun Obasanjo, then as a president, declared a state of emergency in Plateau State following a sectarian crisis in the state that led to loss of lives. All democratic structures, including the executive and legislative arms of government at all levels in the state, were suspended for six months. Chris Ali, a retired army General, was appointed as interim administrator for the period of time the emergency rule lasted.
Again, in April 2006, following the impeachment of the governor, Ayodele Fayose and his deputy, Abiodun Olujimi, by the state House of Assembly, for allegedly stealing public funds, Obasanjo again declared a state of emergency in Ekiti State. This was because of a near state of anarchy in the state, as there were two claimants to the governorship position.
The state assembly had sworn in the Speaker as acting governor while both Fayose and Olujimi were still holding onto their positions. Obasanjo had to act to restore order in the state. He sacked the governor, his deputy and the state assembly, and another retired army General, Tunji Olurin as sole administrator for a period of six months.
In 2013, Goodluck Jonathan, who was Nigeria’s president then, declared a partial state of emergency in Adamawa, Yobe and Borno States because of the activities of Boko Haram extremists in the region. It was partial because Jonathan did not suspend democratic structures in the three states. Both the executive and legislative arms of government were allowed to function.
The declaration of state of emergency in Rivers State by President Bola Tinubu on March 18, according to him, was to prevent breakdown of law and order, as a result of intractable differences between the governor, Siminalayi Fubara and the state House of Assembly. According to the President, apart from the fact that both the governor and House of Assembly have not been able to work together, “both of them do not realise that they are in office to work together for the peace and good governance of the state.” Tinubu added that there were security reports “that there have been disturbing incidents of vandalisation of pipelines by some militant without the governor taking any action to curtail them.”
Tinubu said the state of emergency will last six months, and Vice Admiral Ibokette Iba (retd.) will be sole administrator during that period.
Section 305 of the 1999 Constitution (as amended) allows the President to declare a state of emergency in the whole country or any part thereof, if the country is involved in any crisis situation caused by either human or natural phenomena such as earthquake, floods, erosion etc. The essence of this provision is to enable the president to restore peace and order during that period of emergency after which normalcy will return.
Between smoke screan and vendetta
But the question is: did the situation in Rivers State warrant the declaration of state of emergency? Although there was disagreement between the executive and the legislature, the declaration came just two weeks after the Supreme Court ruled on the matter. And the governor had declared his intention to implement the apex court’s decisions. Why then the hasty declaration of the state of emergency?
When did executive and legislative friction become a threat to public order and a ground for declaration of state of emergency? In this republic, about three or four state governors were impeached by the legislature, and a state of emergency was not declared in any of these states. Rivers House of Assembly only served the governor impeachment notice, and the process had not even begun before Tinubu’s suspension.
A group of Concerned Political Leaders led by former Vice President Alhaji Atiku Abubakar, said it has everything to do with “power grabbing and control.” Otherwise, why should the President blame the attack on state infrastructure on the governor, whereas the issue concerning breach of security falls within the purview of the Federal Government’s controlled agencies, the police, the military, and the Directorate of State Services (DSS)?
The Pan- Niger Delta Forum (PANDEF), the apex pressure group in the South-South geopolitical zone, also said Tinubu’s reference to attack on oil pipeline as the basis for the Fubara’s suspension, was simply a smoke scream, as it was not the first time such occurrences had happened in Nigeria “and even in the life span of the present administration.” PANDEF further wondered “Why use the incident as an alibi to declare a state of emergency, even before security forces carry out investigations to determine the cause of what has happened?
The National Bar Association (NBA) believes the situation in Rivers State has not reached the level of a complete breakdown of law to warrant the declaration of a state of emergency. NBA President Mazi Afam Osigwe, SAN, argued that 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,” he said.
The state of emergency in Rivers State is not but political vendetta. It was, just as the Atiku group said, “petty favouritism.” Tinubu suspended Tinubu for six months to please the Minister of the Federal Capital Territory (FCT), Nyesom Wike, who has been having a running battled with the governor since 2023. Though the lawmakers loyal to Wike won a landmark judgement at the Supreme Court, against Fubara, and though they have served the governor and his deputy impeachment notice, but given the rigorous process of impeachment exercise, the fastest way to see Fubara out of government house Port Harcourt is through the declaration of state of emergency.
Pending ruling on legislators’ defection
Some have argued that the declaration of the state of emergency, is probably an ambush as the Court of Appeal reserved ruling on the fate of the 27 members of the House of Assembly which was pending before it. Is the Federal Government aware that the decision of the Appeal Court will not be in the legislators’ favour and to acted fast to save Wike from disgrace?
Emmanuel Ogidi, Chairman, caretaker committee of the Peoples Democratic Party (PDP) for South-South, said throughout his speech, Tinubu blamed the Fubara for everything but did not say anything about Wike, whom he referred as “chief instigator” of the crisis in Rivers State.
Wike has held several televised press conferences where he insulted everybody, including Ijaw leaders without a word of caution from the president!
Tinubu’s initial plan was for the sole administrator to take orders from the Federal Executive Council where Wike is a member, before the National Assembly amended it and brought him under its control. What this meant and still the intention of the state of emergency, is hand Rivers State over to Wike. Within the next six months, Rivers State will be Wike’s fiefdom. Fubara’s structure will be dismantled and he may find it difficult to win reelection in 2027.
Ogidi aptly described what played out as the 2027 agenda. Said him, “They want to capture the River State. If you recall, the FCT minister had been saying he is going to deliver River State (to APC). And this one, he is not going to stop at River State. That is why we are telling our people to be very careful. We are going to tell our governors to watch it. His target now is the South-South. Let the whole world know that this is the 2027 agenda.”
PDP was in control of six states in the region. Now Edo and Cross River, and by extension, Rivers, have gone to the APC. Even the approval of the state of emergency by the National Assembly negates the provision of the Constitution. It was through voice vote, whereas the 1999 Constitution (as amended), said it shall be two-thirds of members.
Former presidential candidate of Labour Party Mr. Peter Obi, said two-thirds cannot be determined through voice vote “but by calling individuals to answer ‘yes’ or ‘no.’”
Graveyard peace
The fear is that Tinubu and Wike may win the war but lose the peace. They have succeeded in imposing a state of emergency in Rivers State, sacked Fubara and taken over control of the state, are the people happy? Apparently to forestall attack on state infrastructure and oil pipeline, Rivers State has been militarised, with battalions of soldiers deployed in the state. That is a sign that the state of emergency did not enjoy the support of the people of the state.
Senator Babafemi Ojudu was quoted to have expressed fears over the consequences of the declaration of state of emergency in a state like River, because of its economic implications. He wondered why the president is “wasting energy escalating political battles in Rivers State (when) 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?”
Ojudu said Nigeria cannot afford to be fighting on multiple fronts – politically, economically, and militarily, warned Tinubu “not open a new war front in Rivers State while real wars are still raging elsewhere.
“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. 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.”
From all indications, observers believe that the President, in this instance, has prioritised friendship over the fate of the nation and good governance. This is because when the charade and bickering in Rivers State were smoldering, even the blind knew they was foreboding as the fire was stoked weekly in the media by the Wike.
Last week, Chief Bode George drew attention to Wike’s outbursts, saying: “Wike talks as if he controls everybody in Nigeria, including Tinubu. I have never seen anything like this in my life. He is becoming an embarrassment in this Rivers crisis. He also said Governor Fubara was defrauded by some people who collected money from him to bribe Supreme Court judges. Haba! Do you have proof?”
George has some posers for President Tinubu: “What game exactly is Asiwaju Bola Tinubu playing in this Rivers crisis? What exactly is going on? I am raising this alarm because history has taught us that you only know the beginning of a crisis. You don’t know where it will end.”
But the President ignored calls on him to caution the Minister and his loyalists. By his current action, the President, though had gotten approval of the National Assembly, has not been able to convince many informed Nigerians that his action was justified. How far this will go remains to be seen.
