Ibrahim Quadri
Today, March 20, marks a historical moment in Nigeria’s political journey as the National Assembly members will determine the legality or otherwise of the declaration of State of emergency by President Bola Tinubu in Rivers State.
Before the declaration of the emergency rule, the political atmosphere in the state was charged, leading to three explosions within two days. There has been rivalry between the State Governor, Sim Fubara and his predecessor, FCT minister, Nyesom Wike.
As a result of the protracted crisis, on Monday, the Martin Amaewhule-led Assembly, loyal to Wike, listed 19 infractions committed by Fubara in a misconduct notice, setting the stage for his impeachment.
Before the notice was served on both the governor and his deputy, there was an explosion on Sunday at the Trans Niger Pipeline in Aluu, in the Ikwerre Local Government Area of the state.
The explosions followed threats by Ijaw groups against the push to impeach Fubara, as they vowed to disrupt oil production and cripple the economy if lawmakers removed the governor.
Accrording to report,, security agents on Wednesday recovered a corpse at the scene of the explosion, while a suspect was arrested in connection with the blast.
An official said the suspect was arrested following credible intelligence from Pipeline Infrastructure Nigeria Limited’s covert team operating in Aluu.
The PINL staff member, who gave his name simply as Ebikeme, said, “On Sunday the 16th day of March 2025, there was a blast on the TNP Pipeline Right of Way in Aluu – Zone 5 and a suspected vandal was found dead at the site of the incident from the effects of the blast.
Therefore, Tinubu in a national broadcast on Tuesday announced the suspension of Governor Siminalayi Fubara, his deputy, Prof Ngozi Odu and the state assembly members.
He also nominated Vice Admiral Ibok-Ette Ibas (retd.) as the state’s Sole Administrator.
Despite stringent opposition, Ibas was sworn in at the Aso Villa on Wednesday, who is to administer the state for an initial period of six months.
This came as the opposition lawmakers and Organised Labour protested the imposition of emergency rule in Rivers State by the President.
According to Nigeria’s constitution, the President can declare a State of Emergency in any state under Section 305 of the 1999 Constitution (as amended). However it requires process that must be followed.
A State of Emergency can be declared if: There is a war or a major security threat; there is a breakdown of public order and safety; a natural disaster (like floods or epidemics) has severely affected the state; the state government is unable to function properly and finally the governor of the state requests it.
However, the constitution stipulates the procedure for the declaration which include, The President must issue an official proclamation of a state of emergency.
The National Assembly (Senate & House of Representatives) must approve the declaration within two days (if in session) or 10 days (if not in session).
If the National Assembly approves, the State of Emergency remains in force for six months (and can be extended if necessary).
It should be pointed out that Section 305 (6) stipulates that a “proclamation issued by the President under this section shall cease to have effect (b) if it affects the Federation or any part thereof and within two days when the National Assembly is in session, or within ten days when the National Assembly is not in session, after its publication, there is no resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the proclamation.”
With 360 members in the Green chamber and 109 in the Red chamber, Tinubu needs at least 240 votes in the House of Reps and 73 in the Senate for his proclamation to stand.
In this wise, analysts believe the President goofed by jumping the gun instead of adhering to constitutional provisions. It is argued that only the approval of the National Assembly, with two-thirds of the members can legalize declaration of State of emergency.
In other words, what is currently happening in Rivers State is not known to Nigeria’s constitution. Democracy is governed by the rule of law which every political actor, including the President must obey.
Notwithstanding the declaration, the deployment of 10,000 Nigeria Security and Civil Defence Corps, NSCDC personnel by the Federal Government to curb further attacks on oil pipelines has been viewed as an afterthought. It was the belief by pundits that Tinubu-led Federal Government should have taken this step to forestall break down of law and order instead of hasty broadcast of state of emergency.
As the development unfolds, all eyes are now on the Senate and House of Reps in what resolution they pass today in determining whether Nigeria’s democracy is in stand footing or on a shaky foundation.
In essence, constitutional democracy which is being practised in Nigeria should not be undermined. The rule of laws is the cornerstone of democracy. The interest of the larger majority of the people of Rivers State is a sine qua non for peace to reign, not a handful of politicians who parade parochial and selfish interest.
