On March 18, 2025, President Bola Tinubu declared a state of emergency in Rivers State and suspended Governor Siminalayi Fubara, his deputy Ngozi Odu, and all state House of Assembly members for six months.
This decision was made during a nationwide broadcast, where Tinubu cited the prolonged political crisis and governance paralysis in the state as the primary reasons for his actions. He expressed disappointment over the governor’s decision to demolish the House of Assembly complex in December 2023 without rebuilding it, which he believed had brought the state to a standstill and denied citizens the benefits of democracy.
President Tinubu also highlighted recent incidents of pipeline vandalism in Rivers State, which he claimed the governor had failed to address.
He stated that despite his interventions and those of other well-meaning Nigerians, the crisis persisted, necessitating his intervention under Section 305 of the Constitution.
Consequently, Tinubu appointed Vice Admiral Ibokette Ibas as the administrator to oversee the state’s affairs during the emergency period and ensure that the judiciary remained operational.
The suspension of the governor and assembly members has been criticized by legal experts, who argue that it exceeds the President’s constitutional powers.
Background
The political crisis in Rivers State began shortly after Governor Siminalayi Fubara assumed office in May 2023. Tensions escalated due to a power struggle between Fubara and his predecessor, Nyesom Wike, who now serves as the Minister of the Federal Capital Territory (FCT).
Wike had played a significant role in Fubara’s election victory under the People’s Democratic Party (PDP), but Fubara began asserting independence from Wike’s influence, leading to a rift between them. This rift deepened over time, contributing to the instability in the state.
In October 2023, pro-Wike lawmakers in the Rivers State House of Assembly initiated impeachment proceedings against Fubara.
This led to physical confrontations and the burning of the state assembly complex on October 29, 2023. The situation further deteriorated in December 2023 when twenty-seven lawmakers loyal to Wike defected from the PDP to the All Progressives Congress (APC),
further weakening Fubara’s control over the legislative arm of the state government.
Additionally, the Rivers State House of Assembly complex was demolished in December 2023 but was not rebuilt, which President Tinubu later cited as a reason for his intervention.
Read also: Supreme Court Rejects APC’s Challenge to Fubara’s Election Victory
Legal Framework for Declaring a State of Emergency
1. Declaration of a State of Emergency
Under Section 305 of the 1999 Constitution (as amended), the President can declare a state of emergency in any part of the country under specific conditions:
- War or Imminent Danger of War: If Nigeria is at war or there is an imminent threat of war (Section 305(3)(a)).
- Breakdown of Public Order: If there is a breakdown of public order and safety to such an extent that ordinary legal measures are insufficient (Section 305(3)(c)).
- Natural Disaster or Public Danger: If a natural disaster or public danger occurs (Section 305(3)(e)).
- Request by the Governor: If the governor of the state formally requests it, explain why normal governance cannot continue (Section 305(3)(g)).
President’s Discretion: If the President believes the situation is serious enough to require emergency powers.
2. Procedure for Declaring a State of Emergency
- Proclamation: The President must issue an official proclamation of a state of emergency and publish it in the Government’s Official Gazette (Section 305(1)).
- Transmission to the National Assembly: The President must send copies of the proclamation to the President of the Senate and the Speaker of the House of Representatives (Section 305(2)).
- Approval by the National Assembly: The National Assembly must approve the declaration within two days if in session or ten days if not in session. Approval requires a two-thirds majority of both chambers (Section 305(6)(b)).
- Duration and Extension: A state of emergency lasts for six months and can be extended if necessary, with National Assembly approval (Section 305(6)(c)).
3. Suspension of Elected Officials
The Constitution does not explicitly grant the President the power to suspend or remove elected state officials, including governors and members of the House of Assembly, under a state of emergency.
4. Removal of a Governor
A governor can only be removed from office through:
- Impeachment: By the State House of Assembly following the procedures outlined in Section 188 of the Constitution.
- Resignation: Voluntary resignation by the governor.
- Death or Incapacitation: If the governor dies or becomes permanently incapacitated (Section 180).
Timeline of State of Emergency Declaration in Nigeria
1. Western Region (1962)
In May 1962, Prime Minister Tafawa Balewa declared a state of emergency in the Western Region. This was due to a severe political crisis within the Action Group (AG) that led to violent clashes and legislative chaos.
2. Plateau State (2004)
On May 18, 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State. This was in response to ethno-religious violence that resulted in many deaths. As part of the emergency measures, Governor Joshua Dariye and the State House of Assembly were suspended.
3. Ekiti State (2006)
In October 2006, President Olusegun Obasanjo declared a state of emergency in Ekiti State. This followed a political crisis after the impeachment of Governor Ayo Fayose. The state assembly and governor were suspended during this period.
4. Borno, Yobe, and Adamawa States (2013)
On May 14, 2013, President Goodluck Jonathan declared a state of emergency in Borno, Yobe, and Adamawa States. This was due to the escalating Boko Haram insurgency. Unlike previous instances, Jonathan did not suspend the governors or state assemblies. Instead, he deployed military forces to restore order.
5. Rivers State (2025)
On March 18, 2025, President Bola Tinubu declared a state of emergency in Rivers State. This was due to a protracted political crisis and incidents of pipeline vandalism. As part of the emergency measures, Governor Siminalayi Fubara and the state assembly were suspended.
Economic Implications of the State of Emergency in Rivers State
Impact on Oil Production: Rivers State is a major hub for Nigeria’s oil and gas industry, contributing significantly to the country’s oil production. The state of emergency and associated instability could lead to disruptions in oil production, similar to past instances where political unrest in the Niger Delta region caused Nigeria’s oil output to plummet from 2.5 million barrels per day to below 400,000 barrels per day. This reduction can have severe economic consequences, including decreased government revenue and potential economic recession.
- Pipeline Vandalism and Sabotage: The ongoing political crisis and state of emergency may exacerbate pipeline vandalism, which has already been reported in recent weeks. This could lead to further environmental damage and economic losses due to the destruction of critical infrastructure.
- Investor Confidence and Capital Flight: As Senator Babafemi Ojudu noted, the declaration of a state of emergency may deter investors, as it signals political instability and potential risks to investments. He warned that investors do not wait for internal conflicts to be resolved; they simply take their capital elsewhere. This could lead to a decline in foreign investment and economic growth.
- Strain on Security Forces: Senator Babafemi Ojudu also highlighted that while the state of emergency might address issues in Rivers State, it diverts resources away from other critical security challenges facing Nigeria, such as insurgency and banditry in the North East, North West, and North Central regions.
Reactions
1. Nigerian Bar Association (NBA)
The NBA condemned the suspension of elected officials under emergency rule, stating it sets a dangerous precedent that undermines democracy. They emphasized that such actions are unconstitutional and could be misused to unseat elected governments in the future. The NBA urged all stakeholders to ensure that actions in Rivers State conform to constitutional provisions and democratic norms.
2. Senator Babafemi Ojudu
Senator Babafemi Ojudu criticized President Tinubu’s decision, suggesting it was ill-advised and could have severe economic implications. He warned that such actions could lead to another economic downturn, similar to past instances where political instability in the Niger Delta region caused significant economic disruption.
3. Senator Seriake Dickson
Senator Seriake Dickson rejected the declaration of a state of emergency, stating that he would never support actions that remove an elected governor. He expressed concerns that the Ijaw nation might be targeted and emphasized that the Constitution does not grant the President the power to suspend a governor under emergency rule.
4. Coalition of United Political Parties (CUPP)
CUPP expressed concerns about the state of Nigeria’s democracy, stating that President Tinubu’s actions flagrantly disregarded the Constitution and undermined democratic principles. They noted that the selective application of the emergency rule in Rivers State raised questions about the motivations behind such a decision.
5. The Nigerian Civil Society Situation Room
The Nigeria Civil Society Situation Room (Situation Room) also condemned the actions of President Tinubu in unilaterally declaring a State of Emergency in Rivers State.
They noted that the President’s reliance on Section 305 of the 1999 Constitution (as amended) as a justification is a blatant misinterpretation of the law.
They called on the international community to take note of this constitutional breach and exert diplomatic pressure on the Nigerian government to reverse the illegal actions.
