Politics
Rivers: Opposition mounts against emergency rule
...as APC plots how to retain power
Nigeria’s president, Bola Tinubu, having gotten away with what many lawyers, political analysts, and opposition figures have termed a civilian coup in Rivers State, may have set a dangerous precedent in the country’s democratic journey; one that many say could potentially turn the country into a dictatorship. And with it, his party, the All Progressives Congress (APC) seems to have found an easier way to take opposition states rather than going through the rigours of an election.
Following the declaration of the state of emergency in Rivers – a People’s Democratic Party (PDP) state – on Tuesday, March 18, which came with the easing out of Governor Siminalayi Fubara, the deputy governor, Prof. Ngozi Odu, as well as the state House of Assembly, the ruling party and its National Secretary, Senator Ajibola Basiru, demanded that similar measures be extended to Osun, another PDP state.
In a post on X.com following the President’s declaration of emergency rule, Basiru wrote: “Rivers State of Emergency: APC praises Tinubu, demands extension to Osun.”
In Osun, the ruling PDP and the opposition APC are in dispute over the control of the local government.
At the height of the crisis about three weeks ago, at least six persons were killed while the local government secretariats have become non-functional after workers withdrew their service for fear of being caught up in the middle of political violence.
Backing Basiru, the Osun APC urged President Tinubu to extend emergency rule to the state. Osun APC spokesperson, Kola Olabisi, said the PDP and Governor Ademola Adeleke had committed constitutional breaches that include an alleged attempt to remove the Osun Chief Judge, alleged killings of APC members during the 2022 general elections, and disregard for court decisions.
“The call by the APC National Secretary is in order. There is no constitutional breach that Fubara committed that Adeleke has not done the worst version of it here,” Olabisi said.
“He made an attempt to remove the Chief Judge; many APC members were killed during the 2022 general elections across the state; he disregarded valid court orders regarding the reinstated LG chairmen in the state.
“Adeleke has committed many constitutional breaches in this state to warrant imposition of emergency rule and we urge President Bola Tinubu to pay attention to what is happening in Osun and stop abuse of office by our governor. Senator Basiru is right and we stand by him.”
But the Osun State Commissioner for Information and Civic Engagement, Kolapo Alimi, hit back, describing the call for emergency rule in the state as callous, self-centered and unlawful.
Osun State angle
In a strongly-worded statement on Wednesday, Alimi insisted that there was a clear difference between the current political development in Rivers and Osun when placed side by side. He advised Basiru and APC not to truncate the peace and tranquility currently enjoyed in Osun in an attempt to take the reigns of governance through the backdoor.
“I have read what the overambitious and loud-mouthed National Secretary of the APC, Senator Ajibola Basiru, said concerning the need for the declaration of a state of emergency to be extended by President Bola Tinubu as done in Rivers State last night to Osun State.
“While the call, no doubt, stems from a demented mind, it will be recalled that the same Basiru had in the not-too-recent past made a similar call when I engaged him on a national television station on the Yes-No local government chairmen in Osun State.
“It must, however, be emphasized that not only Basiru holds this senseless and obnoxious impression but the entire APC cohorts and their members and followers in Osun state, who, daily, are scheming for one mischievous device or the other to come through the backdoor to take the reigns of governance in Osun State; but by the grace of God and with the support of the people of Osun State for the administration of Ademola Adeleke, all the evil machinations against the people-oriented government of Adeleke will not see the light of the day.
On his part, the spokesman for the Osun State PDP, Oladele Bamiji, accused Basiru and the APC of attempting to grab power through the backdoor after being rejected by the people at the polls.
Gov Adeleke not only defeated Gboyega Oyetola, then incumbent governor and a cousin of President Tinubu in the governorship election of 2022, Tinubu was also roundly defeated in the state by Atiku Abubakar, candidate of the PDP.
Going into 2027, Oyetola is very much in the picture to run again, while Tinubu will also be interested in securing victory in the state. But Adeleke is largely popular on the ground, which could make for an interesting encounter.
The local government crisis has shown no sign of abating meanwhile, with the state chapter of the National Union of Local Government Employees (NULGE), which had until recently been united, broken into factions last week. This is even as a communal crisis between Ilobu and Ifon Osun has escalated tension over the past few days.
A coup in Rivers?
The emergency rule in Rivers may not have been entirely unexpected, even though there seems to be consensus among lawyers that it’s a flagrant violation of the constitution, and some have said it is tantamount to a civilian coup.
The Friday February 28 judgment of the Supreme Court, which reinstated the Martin Amaewhule led faction of the state Assembly, even when the suit challenging their membership was still pending at the Federal High Court in Port Harcourt, was, perhaps, the first sign of the fate that was to befall Gov. Fubara.
“On Monday, a Federal High Court sat in Port Harcourt, and the Wike faction of the state Assembly led by Amaewhule brought the certified through copies of the Supreme Court judgment and asked the High Court to strike out the case. But the judge said no that he wanted to hear the case on its merit, and asked both sides to present their cases and then subsequently said he would give judgment on the 14th of next month,” narrated Chief Anabs Sara-Igbe, a Niger Delta activist and elder statesman.
“The moment they came out from court, what we heard was that they had served impeachment notice to Fubara. When they realized that they could not go through the impeachment process, despite the fact that they had the numbers, the next was to declare state of emergency to bundle the governor out and take over government. And now they are spending the money the Supreme Court had said should not be spent until the budget is presented. Money is what they always wanted and because they couldn’t find a way, they had to plot a coup. What they have plotted is a coup to remove the governor.”
President Tinubu, who has since appointed and sworn in a retired Naval chief, Vice Admiral Ibok-ete Ibas, as the administrator of the state, even before National Assembly endorsed the emergency rule via voice vote, contrary to the provision of the constitution, which requires two-third majority, had anchored his decision on the protracted political crisis between the governor and the lawmakers, with militants vandalizing oil installations.
Justification for the action
Tinubu, who had seemingly taken sides with his FCT Minister, Nyesom Wike, had during his speech on Tuesday, blamed Fubara for the crisis, and indeed, held him responsible for the blowing up of pipelines because he failed to disown militants, who threatened to blow up pipelines over a plot by the 27 members of the state assembly loyal to Wike to impeach him.
“Some militants had threatened fire and brimstone against their perceived enemy of the governor who has up till now NOT disowned them,” Tinubu had said, noting further that, “The latest security reports made available to me show that between yesterday and today there have been disturbing incidents of vandalization of pipelines by some militant without the governor taking any action to curtail them. I have, of course, given stern order to the security agencies to ensure safety of lives of the good people of Rivers State and the oil pipelines.”
The Attorney-General of the Federal and Minister of Justice, Lateef Fagbemi, who held a press conference on Wednesday to justify the state of emergency declaration, also blamed Gov. Fubara for actions of those, who blew up pipelines.
Fagbemi said although the suspended governor was not directly culpable, he failed to dissuade the militants from vandalizing the pipeline.
“We are in a democracy. There were what I will call telegraphing of the militants, I will say, by the governor. And the reason I say so is, when he began, he said oh, he will let them know when it was time to act,” he said. “Let us say it was false. Did he come out to disown them? The answer is no. And a week later, they swung into action. You saw or witnessed the vandalization of oil pipelines.”
Fubara has, however, come out to dismiss the allegations, and the question of who might have been responsible for the blowing up of pipelines depends on who you ask. Some argue that there may be more to the vandalization than meets the eyes, especially given that no further explosions occurred after the state of emergency was declared.
“It is likely that Fubara enemies plotted the attack to orchestrate his removal. I can tell you for free that Sim is not behind that attack,” noted Jonathan Lokpobiri, president of Ijaw Youth Council.
Chief Sara-Igbe, who appeared on Arise TV Morning Show on Thursday, made similar argument. He alleged that the FCT Minister may have been behind the blowing up of pipelines to create an atmosphere for a state of emergency to be declared.
“This man came on national television and told everybody that not only the Ijaw can bomb pipelines, that the Ogoni can also bomb pipeline; that the Etche can also bomb pipelines; that Ikwerre can bomb pipeline, and within this period that you are fermenting trouble, the Ogoni has bombed pipeline as you promised. He has sent people to blow pipeline in Omoku area as he said. And yet you are crucifying the governor because he is peace loving? Because he is quiet? Because he is not fighting?” He wondered.
“The man wanted state of emergency by all means and that’s why he did what he did. We know who Wike is. We know him in Rivers State.”
Chief Sara-Igbe, who condemned the appointment of a sole administrator, further argued that releasing the state allocation to him is also a flagrant violation of the Supreme Court judgment.
“The Supreme Court said don’t release money until Fubara represents the budget. Fubara has been trying to represent the budget but the state assembly made that impossible. Now you have removed him and you have asked that the money be released to a sole administrator, a complete stranger,” he said.
“Now you illegally suspended the governor and you are also now illegally spending the state’s funds. What is happening today is war against Rivers State, and if Nigerians keep quiet and allow this thing to happen it will happen in other places. This is not a democratic government, this is a dictatorial government. And if we allow this dictatorship to stand then the country is finished.”
Hands on Oil Wealth
Rivers is a strategic state whose oil wealth has been the backbone of the opposition People’s Democratic Party (PDP) since it lost power in 2015. In 2023, Wike, the outgoing governor of the state, who lost out in his bid to fly the main opposition party’s presidential flag, switched allegiance to Bola Tinubu of the APC, and used strong arm tactics to deliver the state to APC in the presidential election and install Fubara as governor under PDP.
Wike, who is now FCT Minister and an ally of Tinubu, however, soon fell out with Fubara who evidently tried to assert his independence as governor. Wike argues that nobody can take his political structure away from him. And with Tinubu apparently keen to keep Rivers and its resources for himself and away from the opposition, especially in the wake of his waning influence in the North, it was perhaps only a matter of time before Fubara was eased out one way or another.
“This is not the first time a state of emergency will be declared. It happened during the Jonathan administration. A state of emergency was declared in three states in the northeast because of the Boko Haram. But Jonathan did not sack the governors. He made it clear that the constitution does not empower him to sack or suspend elected governors in the case of a state of emergency,” Sara-Igbe noted further.
“Mr. President relied on section 305, but if you look at section 305 all through, you will agree that a state of emergency was necessary in the case of the northeast because of the Boko Haram war. But in the case of Rivers State there was no war. Everywhere was quiet and yet you declared state of emergency. Not only that, an elected governor was suspended. The House of Assembly was also suspended. This is an illegal action. The constitution does not empower the president in any way to remove the governor.
“But it appears that the President took this action because he is very desperate to whip opponents to their knees. Wike is a hatchet man of Mr President. Last week he came to Rivers with the intention of causing crisis for this state of emergency to be declared.
“They violated the constitution and went to the National assembly to ask them to approve the violation of the constitution and they all accepted. This is very worrisome. And for the Attorney-General, who is supposed to know the law to come out and talk anyhow, it means that our democracy is at risk.”
Condemnations Trail Emergency Rule as PDP Govs Head to Court
There’s been a flurry of condemnations of the emergency rule by legal practitioners, political actors and political analysts, all of whom have described it as a violation of the constitution. This is even as governors elected under the PDP platform has proceeded to court to challenge the declaration.
Speaking on Saturday at the annual colloquium organized by the Haske Satumari Foundation in Abuja, Goodluck Jonathan noted that there’s been clear abuse of power by all actors.
“The key actors in Nigeria, from the executive to the legislature, judiciary and the Senate… they know the correct thing to do. But they are refusing to do it,” he said.
Atiku Abubakar, former vice president, in a statement noted that the declaration “reeks of political manipulation and outright bad faith.”
According to him, “Anyone paying attention to the unfolding crisis knows that Bola Tinubu has been a vested partisan actor in the political turmoil engulfing Rivers. His blatant refusal — or calculated negligence — in preventing this escalation is nothing short of disgraceful.
“Beyond the political scheming in Rivers, the brazen security breaches that led to the condemnable destruction of national infrastructure in the state land squarely on the President’s desk. Tinubu cannot evade responsibility for the chaos his administration has either enabled or failed to prevent.
Peter Obi, Labour Party presidential candidate in the 2023 election and former governor of Anambra State, noted that the “unilateral decision of President Bola Tinubu to remove Governor Siminalayi Fubara of Rivers State from office is not only unconstitutional but also reckless.”
Obi regretted that the action has “plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.”
According to him, “By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy.”
Rabiu Kwankwaso, the New Nigerian Peoples Party (NNPP) candidate in the last general election said, “The legislature has the responsibility to hold the Executive accountable, not to simply endorse its decisions. It is, therefore, appalling to see this 10th Assembly act more like a rubber stamp than any of its predecessors.
“Even more disturbing is the unilateral decision by both chambers of the National Assembly to ratify the President’s proclamation. I had hoped that legislators would not add salt to injury by approving this illegality. The Constitution is clear on the voting process for matters of such importance, and the decision to use a voice vote instead of a transparent procedure is inconsistent with proper legislative conduct.”
Afam Osigwe, SAN, president of the Nigerian Bar Association, argued that the proclamation of the emergency rule remains illegal, and as a result, the National Assembly cannot say it has ratified an illegality.
“Our position at the Nigerian Bar Association is that the proclamation of a state of emergency in Rivers State is unconstitutional. And the removal or suspension of the governor, the deputy governor and the state house of assembly is unconstitutional. And being unconstitutional, there was nothing for the National Assembly to ratify in the first place. Because you can’t place something on nothing and expect it to stand,” he said.
“Procedurally, both houses of the National Assembly passed it by voice vote, but when the constitution requires that a certain action be done by 2/3 majority, you don’t use a voice vote. You declare the number of persons present and take physical votes to be sure that the constitutional requirement has been met.
“If we are a nation that is truly committed to obeying our laws, I think the Constitution clearly stares us in the face. There is something wrong in ratifying this resolution.”
Mr. Mike Ozekhome, SAN, a constitutional lawyer, has argued that the declaration of a state of emergency in Rivers is nothing but a civilian coup d’état.
In a statement on Thursday, Ozekhome argued that the suspension of the democratically elected governor, deputy governor, and the entire State House of Assembly is unconstitutional.
He emphasized that the allocation of state funds from the Federation Account to a sole administrator is also illegal, as it contradicts a Supreme Court judgment.
Ozekhome further explained that the 1999 Constitution (as amended) is explicit that Section 305, which grants the President powers to declare a state of emergency, does not authorize the removal or suspension of an elected governor.
He also pointed out that Section 11(4) of the Constitution denies even the National Assembly the power to remove a governor under emergency rule, indicating that the President cannot be granted such authority.
Ebun-Olu Adegnoruwa, SAN, in his own intervention, described the emergency rule as “illogical” and “illegal,” noting that “If the president had declared a state of emergency in the whole federation under section 305, would he have suspended himself from office and also the National Assembly?”
Opposition Gasps for Breath
Presently, the country’s key opposition parties, including the PDP, Labour Party, NNPP among others, which should have been providing virile opposition to the administration, especially in the wake of recent developments and the overall poor state of the economy, security and social cohesion, are battling internal crises, which many say, are being instigated by the APC government.
“Nobody will be able to remove Tinubu from power. He plays like the mafia,” said an elder statesman from the South West who declined to have his name in print. “He’s decimating the opposition, ensuring that he’s unchallenged. Presently, both the legislative and the judicial arms of government are mere appendages of the executive. It had never been this bad.”
In the PDP, the main opposition party, Wike, who remains a member of the party despite being in the cabinet of Tinubu appears to be determined to ensure that it ceased to exist as an opposition platform.
Amid the party’s leadership crisis, which has pitted him against those who want the party to be independent; his opponents suffered another setback last week with the Supreme Court declaring his ally Samuel Anyanwu as the authentic National Secretary of the party
The apex court had in the ruling delivered on Friday by a five-member panel, dismissed earlier decisions of lower courts that removed Anyanwu from office.
The judgment is seen to have reinforced Wike’s influence within the PDP and deals a significant blow to rival factions seeking to wrest control of the party’s leadership structure.
Anyanwu’s legitimacy had been under intense dispute, with Sunday Ude-Okoye, who became National Secretary after Anyanwu left to contest for governor in Imo, emerging as a formidable opponent.
Okoye had garnered significant backing from various power blocs within the PDP, citing a ruling from an Appeal Court in Enugu that affirmed Anyanwu’s removal following an earlier verdict by a Federal High Court.
However, in a unanimous decision, the Supreme Court ruled that matters related to the leadership or membership of a political party are strictly internal affairs and do not fall within the jurisdiction of the courts unless exceptional circumstances exist.
Reading the lead judgment, Justice Jamilu Tukur emphasized that the judiciary lacks the authority to interfere in the internal workings of political parties unless such interference is explicitly permitted by the Constitution, involves a criminal offence, or entails a breach of contractual rights.
“The exceptional circumstances that would have given the Court jurisdiction to decide on the internal affairs of a political party are missing in this case,” the ruling stated.
The Supreme Court verdict also came a few days after the Abia State chapter of the party expelled Adolphus Wabara, Chairman of the party’s Board of Trustees (BOT).
Abia PDP Chairman Abraham Amah on Tuesday stated that the party’s State Working Committee (SWC) ratified Wabara’s expulsion after reviewing the findings of a disciplinary committee set up to investigate him.
