Rivers had always been the pivotal oil-producing state in the south-south region of Nigeria. This made it a very important state in the economy of the country. And that was part of the reason when President Tinubu announced a state of emergency in the state on 18 March 2025, the state was instantly thrown into a seemingly uncontrollable political turmoil. The unexpected and sudden declaration came with the suspension of Governor Siminialayi Fubara, his deputy, and the entire state legislature for six months. President Tinubu then appointed a retired Vice Admiral, Ibokette Ibas, as the military administrator to oversee the state's affairs during the six-month period.
The declaration was primarily motivated by escalating political unrest and a surge in pipeline vandalism, which threatened the nation's oil production capacity and its economic stability. The seeds of the crisis had been sown in the wake of the 2023 general elections, which produced Governor Siminialayi Fubara as governor of the state. Soon afterwards, Fubara’s administration faced immediate resistance from the Rivers State House of Assembly, where political allegiances remained divided between Governor Fubara and his predecessor, Chief Nyesom Wike, now Minister of the Federal Capital Territory. The political discord escalated when the governor presented a state budget directly to the state executive council rather than the legislature, an action the lawmakers saw as unconstitutional and arrogant. The conflict further escalated when impeachment proceedings were initiated against Fubara, which led to a series of violent confrontations between rival political camps.
That notwithstanding, the crisis became even more complicated by increasing incidents of pipeline vandalism and illegal oil bunkering, which not only threatened national revenue but also posed significant environmental and security risks. And it was against this backdrop that President Tinubu declared a state of emergency on 18 March 2025. The declaration cited the breakdown of law and order, the threat to national security, and the inability of the state authorities to manage the crisis effectively. The suspension of Governor Fubara and the state assembly, however, sparked immediate backlash. Legal experts, civil society organizations, and political opposition parties condemned the action as unconstitutional and argued that the Nigerian Constitution did not empower the President to suspend elected officials as part of an emergency declaration.
The constitutionality of President Tinubu's actions has since become a subject of intense debate. Prominent Nigerians, including former President Dr. Goodluck Jonathan, Laureate Professor Wole Soyinka, former Senate President Adolphus Wabara, and other eminent Nigerian sons and daughters condemned the declaration of emergency by President Tinubu, the six-month suspension of elected state officers including the governor and his deputy and the appointment of a military sole administrator as unlawful, unconstitutional and an assault on democracy.
Governor Fubara
While the Nigerian Constitution permits the declaration of a state of emergency under specific circumstances, the suspension of elected officials and the appointment of a military administrator were contentious issues. Legal experts and organizations that included the Nigerian Bar Association, NBA and Socio-Economic Rights and Accountability Project, SERAP, criticized these measures as potentially overreaching. They explained that the constitution was clear that under no circumstances should an emergency declaration inherently dissolve or suspend state governments that were duly elected by the people. In light of these developments, it became imperative to explore a path forward that would ensure the restoration of democratic governance, the rule of law, and socio-economic stability in Rivers State.
Going forward, it is an open secret that Nigeria's political history is replete with instances where the federal government declared states of emergency in order to address crises threatening national stability. Understanding these precedents would definitely provide an insight into the current situation in Rivers State and the potential implications for governance and development in the state.
Since Nigeria's return to democratic rule in 1999, there have been notable instances where states of emergency were declared. In 2004, President Olusegun Obasanjo declared a state of emergency in Plateau State following ethno-religious conflicts that resulted in a significant loss of lives and properties. The governor and state assembly were suspended, and Chris Alli, a retired military officer was appointed as administrator. Similarly, in 2006, a state of emergency was declared in Ekiti State due to a political crisis that led to a breakdown of law and order.
In 2013, under President Goodluck Jonathan, a state of emergency was declared in the north-eastern states of Borno, Yobe, and Adamawa States, in response to the Boko Haram insurgency. However, unlike the previous instances, the governors and state assemblies were not suspended and this made room for a collaborative approach between federal and state authorities to address the security challenges.
Fubara and Wike
The Nigerian Constitution, specifically Section 305, empowers the President to declare a state of emergency in any part of the country under certain conditions. Instances are when the federation is at war; when there is a breakdown of public order and public safety; when there is a clear and present danger of an actual breakdown of public order and public safety or when there is a dire need to avert a natural disaster or epidemic.The Constitution does not explicitly provide for the suspension of elected officials or the appointment of military administrators during such declarations. This ambiguity has so far led to different interpretations and debates among legal scholars and practitioners regarding the Rivers state emergency saga.
President Tinubu's suspension of elected officials during his declaration of a state of emergency has remained contentious. In the 2004 Plateau State case, the suspension of the Governor Dariye and the appointment of a military administrator were challenged but ultimately upheld, citing the necessity to restore order. Conversely, during the 2013 emergency declarations in the north-eastern states, the decision to retain the governors was seen as a move to uphold democratic principles while addressing security concerns.Legal experts argue that while the President has the authority to declare a state of emergency, the suspension of elected officials without due process actually contravenes constitutional provisions. The Nigerian Bar Association, in response to the recent events in Rivers State, criticized the suspension of the governor and state assembly members as illegal, emphasizing that an emergency declaration should not automatically dissolve or suspend elected state governments.
Administrator Ibas
The declaration of a state of emergency in Rivers State, coupled with the suspension of its elected officials, has had significant implications. The suspension of the executive and legislature raises profound concerns about the future of democratic governance in Nigeria. Their suspension without due process sets a very dangerous precedent that could embolden future Presidents to bypass democratic provisions under the guise of security concerns. The appointment of a military administrator effectively consolidates power in the federal executive, weakening the principles of federalism and state autonomy. The political vacuum created by the suspension of state institutions could exacerbate tensions between political factions and further destabilize the state.
The state of emergency in Rivers State also has significant economic and social consequences. The disruption of oil production due to pipeline sabotage and insecurity would threaten Nigeria's national revenue and foreign exchange reserves. Political instability and federal overreach could deter both domestic and foreign investment in Rivers State. The suspension of the state government could disrupt the delivery of essential public services, including healthcare, education, and infrastructure maintenance.
To navigate the complexities arising from the state of emergency in Rivers State, a multifaceted approach will be essential. An uncompromised judiciary should expeditiously review the constitutionality of the President's actions to provide clarity and uphold the rule of law. Engaging all stakeholders, including suspended officials, political parties, and civil society, in dialogue can foster reconciliation and a shared vision for the state's future. Reinforcing the capacity and independence of state institutions can ensure that future crises are managed through legal and political channels rather than through emergency declarations. This includes improving the legislative and executive relationship at the state level and ensuring that conflicts are resolved through constitutional means rather than executive overreach. While addressing the immediate security concerns that justified the emergency declaration, long-term security solutions should focus on strengthening local law enforcement agencies, improving intelligence gathering, and fostering community participation in security efforts. Over-reliance on federal intervention risks undermining local autonomy and accountability.
Rivers State House of Assembly
Beyond addressing the political and security challenges, the federal and state governments should collaborate to revitalize the local economy and improve social infrastructure. Investing in job creation, infrastructure, education, and healthcare will not only enhance stability but also build public trust and social cohesion. Once the security situation stabilizes, the military administrator should work with the federal government and the judiciary to restore civilian governance in Rivers State. The suspended governor, deputy, and state assembly members should either be reinstated or replaced through constitutional processes, including elections if necessary.
The crisis in Rivers State has highlighted gaps and ambiguities in the Nigerian Constitution regarding the declaration of a state of emergency and the suspension of elected officials. A constitutional review process should be initiated to clarify the limits of executive power during emergencies and protect the integrity of democratic institutions. Despite the gravity of the crisis, there remains a clear way forward — one that hinges on a commitment to the rule of law, political reconciliation, and institutional reform. There remains a clear path to restoring stability and democratic governance in Rivers State. This will require a combination of political, legal, and economic measures. The National Assembly should initiate a constitutional review to clarify the powers of the President during a state of emergency and establish clear limits to executive authority. The military administrator should act as a temporary caretaker while preparing the ground for the return of civilian governance. Once security improves, Governor Fubara and the state assembly should be reinstated through legal and constitutional processes. The federal government should facilitate dialogue between Governor Fubara, the state assembly, and other political stakeholders like Chief Nyesom Wike to foster reconciliation and consensus-building. Empowering local security agencies and strengthening state institutions will reduce dependence on federal intervention and enhance the state’s capacity to manage future challenges.
Engaging local communities in security and governance initiatives will foster trust, improve intelligence gathering, and strengthen social cohesion. Revitalizing Rivers State’s economy through infrastructure development, job creation, and support for local businesses will enhance long-term stability and resilience. The crisis in Rivers State has exposed significant political and constitutional challenges in Nigeria’s federal system. While the declaration of a state of emergency may have been intended to restore order, the suspension of elected officials has raised fundamental questions about the limits of executive power and the future of Nigerian democracy. However, by adhering to constitutional principles, fostering political dialogue, and strengthening state institutions, Nigeria can chart a path toward stability and democratic renewal. After Rivers has boiled like hot water, there is still a way forward — one rooted in the resilience of the Nigerian people and the strength of democratic governance.