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  • Why state of emergency in Rivers is unconstitutional – PDP

    Why state of emergency in Rivers is unconstitutional – PDP

    The Peoples Democratic Party (PDP), on Wednesday, insisted that President Bola Tinubu’s declaration of a state of emergency in Rivers remains unconstitutional and impracticable.

    PDP National Publicity Secretary, Debo Ologunagba, said this at a news conference in Abuja after the party’s National Working Committee meeting.

    Ologungba said that no provision of the constitution empowered the President to dismantle a sub-national government or suspend a democratically-elected governor under any situation whatsoever.

    He described the suspension of Gov. Siminalayi Fubara of Rivers and the House of Assembly members as an attempt to suspend the 1999 Constitution and overturn a democratic government.

    Ologunagba argued that the state of emergency declared by the president was in violation of Sections 1(2), 14(2)(a), 180, 217(2)(b) (c) and 305 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

    “Also, Section 14(2)(a) states that sovereignty belongs to the people of Nigeria from whom government, through this constitution, derives all its powers and authority.

    “What it means is that for you to be in a position of authority in Nigeria, it must be by reason of the authority given to you by the sovereign vote of the people.

    “That was demonstrated by the election of Gov. Fubara as the elected governor of Rivers, along with his deputy and, of course, the house of assembly as an arm of government.

    “The three arms of government are co-equal branch of government and that’s why we talk about having rule of law and order in government.

    “This constitutional sovereignty, as provided for in Section 14 is exercisable only by the people through their elected representatives, including state governors and legislators.

    “The president, therefore, has no power whatsoever to override this sovereignty under any guise,’’ he said.

    Ologunagba added that Section 180 of the constitution also made it clear that the four-year tenure of a state governor commenced from the date of his swearing in.

    He said that the only means provided for in the constitution for the abridgment of the tenure of a governor was death, resignation, incapacitation or impeachment, and not by suspension by the president.

    According to him, the civil authorities in Rivers remain the governor, deputy governor and the state house of assembly.

    He also maintained that under the provisions of the constitution, Fubara remains the elected governor of the state.

    The PDP spokesman, while expressing the party’s continued support for Fubara, called for calm in the state.

    On the revocation of Right of Occupancy to the PDP national secretariat by Federal Capital Territory Administration, Ologunagba said that there was a pending court case as to the ownership of the property between Nikon Insurance Limited and the party.

    He said that the case, in which PDP, FCT and FCT minister were defenders, was adjourned to May 5.

    Also speaking, the Chairman, PDP Caretaker Committee for South-South zone, Chief Emmanuel Ogidi, said that the crisis in Rivers was all about 2027.

    Ogidi alleged that it was all in an attempt to take over power in the state and other South-South states, which, he said, were PDP stronghold.

  • Elected officials’ suspension in Rivers, a slap on the constitution – Farah Dagogo

    Elected officials’ suspension in Rivers, a slap on the constitution – Farah Dagogo

    Dr Farah Dagogo, former House of Representatives member, (Degema, Bonny, Federal Constituency), has described the declaration of a State of Emergency in Rivers State by President Bola Tinubu as a slap on the Constitution.

    Dagogo made the remark on Tuesday while  in a statement issued to newsmen in Port Harcourt while reacting to the emergence rule declared on Rivers.

    He said that the declaration was questionable under the 1999 Constitution of the Federal Republic of Nigeria (as amended).

    He added that the Section 305 of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended) outlined the conditions under which the President might declare a state of emergency.

    According to Dagogo, specifically, Section 305(1), the President may, by instrument published in the Official Gazette, issue a proclamation of a state of emergency in the federation or any part thereof.

    ‘’Section 305(3) states that the President may only declare a state of emergency in a state if the Governor of the state, with a resolution supported by two-thirds majority of the House of Assembly, requests the President to do so;

    “Or If there is actual breakdown of public order and public safety requiring extraordinary measures;

    “Or If there is a clear and present danger of an actual breakdown of public order and public safety in the  federation or any part thereof;

    “Or If there is an occurrence or imminent danger of invasion, war, or insurrection; or if there is a natural disaster or public health emergency;

    “Or iff there is any other danger threatening the existence of the federation,” Dagogo explained.

    Dagogo said that President Tinubu admitted that the Governor and Deputy Governor did not request the proclamation (as required under Section 305(5).

    He said that the legal basis for the declaration rested on whether or not the public order and public safety had truly broken down, justifying the invocation of emergency powers.

    Speaking on legality of the Suspension of the Governor, Deputy Governor, and State House of Assembly, Dagogo said that the controversial aspect of the declaration was their suspension under the 1999 Constitution.

    According to him, the only legal way to remove a Governor or Deputy Governor is through impeachment by the State House of Assembly under Section 188.

    He stated that the Constitution does not grant the President the power to suspend or remove a Governor or Deputy Governor outside the impeachment process or a valid resignation.

    Dagogo said that section 11(4) and (5) stated that only the National Assembly could take over legislative functions of a state House of Assembly in cases where it could not function.

    It does not allow for the suspension of elected lawmakers.

    Dagogo explained that given the constitutional provisions, President Tinubu’s suspension of elected officials was unconstitutional, as there was no provision in the 1999 constitution granting such powers.

    “Even during a state of emergency, the Governor and Deputy Governor remain in office, unless removed in accordance with constitutional procedures,” he said.

    He said that the appointment of Vice Admiral Ibokette Ibas (Rtd) as the Administrator to govern Rivers State raised another constitutional issue.

    “The 1999 Constitution does not recognize the office of an “Administrator” in place of an elected Governor

    ‘’The constitution only provides for a Governor elected by the people (Section 176(1)), a Deputy Governor elected alongside the Governor (Section 186),” he said.

    Dagogo mentioned that the only situation where an unelected official could assume control of a state is under military rule, which was not applicable under a democratic system governed by the 1999 constitution.

    He noted the role of the National Assembly in approving the State of Emergency, saying that under section 305(2) and (6), the President must transmit the emergency proclamation to the National Assembly for approval within two days.

    “If the National Assembly does not approve it within 10 days, the proclamation ceases to have effect.

    Dagogo while giving the constitutional breaches in the proclamation of Judicial interpretation and possible legal challenges, said that there were strong grounds for legal challenges in court.

    “The Supreme Court’s pronouncement in A.G. Federation v. A.G. Lagos State (2013) LPELR-20974(SC) reaffirms the principle that the President must act within constitutional limits, even in extraordinary situations,” he noted.

    Dagogo stated that ‘’any action outside the scope of the 1999 constitution is illegal’’ and could be overturned by the courts.

  • Rivers Crisis: APC backs Tinubu on State of Emergency declaration

    Rivers Crisis: APC backs Tinubu on State of Emergency declaration

    Mr Ajibola Basiru, National Secretary of the All Progressives Congress (APC), has welcomed President Bola Tinubu’s declaration of a state of emergency in Rivers.

    Recall Tinubu, in a nationwide broadcast on Tuesday, declared the emergency, citing political tension and troubling security reports in Rivers.

    Tinubu stated that recent security briefings revealed troubling acts of oil pipeline vandalism by militants, with no effort from the governor to address the situation.

    Reacting to the development, the APC scribe expressed hope that the emergency would help restore peace and order in the troubled oil-producing state.

    “It is a welcome and positive decision by President Tinubu to restore order to Rivers, which was fast becoming a failed state,” Basiru stated.

    Basiru lamented that both the executive and legislature in Rivers had failed in their constitutional duty to ensure the people’s welfare and security.

    He advised the Osun governor to take note and allow court-reinstated Local Government Councils to function, or risk a similar emergency declaration in Osun.

    Meanwhile, the President has directed security agencies to safeguard lives, property, and vital infrastructure, including oil pipelines, across Rivers.

    “By this declaration, Gov. Siminalayi Fubara, his deputy Ngozi Odu, and all elected lawmakers are suspended for an initial period of six months,” Tinubu said.

    The president nominated Vice-Admiral Ibok-Ete Ibas (Rtd) as Administrator to oversee Rivers’ affairs in the interest of its citizens during the emergency.

    However, the state’s judiciary remains unaffected by the declaration and will continue to operate within its constitutional mandate.

  • Ex-lawmaker supports Tinubu’s state of emergency declaration in Rivers

    Ex-lawmaker supports Tinubu’s state of emergency declaration in Rivers

    Sir Jude Idimogu, a former two-term Lagos State House of Assembly member, has commended President Bola Tinubu for declaring a state of emergency in Rivers.

    Idimogu, who represented Oshodi-Isolo 1 from 2015 to 2023, said , in an interview with NAN in Lagos on Tuesday, that the declaration would address the  political crisis in the state.

    He said that the political tension in the state, caused by the feud between Gov. Siminalayi Fubara and his predecessor and Minister of the Federal Capital Territory, Mr Nyesom Wike, needed quick intervention.

    “The President has taken the right action, but for me it is even too late because these signs have been there.

    “My fear is that Rivers is a melting point for Nigeria, particularly in terms of crude oil exploration and others, and some people might want to cause trouble as a result of the declaration ” Idimogu said.

    He, however, urged President Tinubu to create a platform to reconcile feuding parties and resolve all issues once and for all.

    “It is quite unfortunate what we have in Rivers today,” the ex-lawmaker said.

    NAN reports that in a national broadcast on Tuesday, Tinubu declared a state of emergency in Rivers, following the lingering political crisis in the state.

    The President said it had become compelling for him to invoke the provision of section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, to declare a state of emergency in Rivers with effect from March 18.

    Tinubu, through the declaration, suspended Gov. Siminalayi Fubara and Deputy Gov., Mrs Ngozi Odu, and all elected members of the House of Assembly of Rivers for a period of six-month.

    The President, therefore, nominated Vice Admiral Ibokette Ibas (Rtd.) as Administrator to take charge of the affairs of the stated during the period

  • PDP rejects emergency rule in Rivers

    PDP rejects emergency rule in Rivers

    The Peoples Democratic Party (PDP) has rejected the declaration of State of emergency in Rivers, stating that the president has no power to suspend democratically elected governor.

    The party stated this in a statement by its National Publicity Secretary, Debo Ologunagba on Tuesday in Abuja.

    President Bola Tinubu had on Tuesday in a national broadcast declared a state of emergency in Rivers suspending both the legislative and executive arms of the state for six months, as part of efforts to restore peace in the state

    Ologunagba, however, described Mr president action as “utter violation” of the 1999 Constitution.

    “The PDP outrightly rejects this attempt by the President to override the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and undermine the votes and will of the people of Rivers by seeking to depose a democratic government and foist an undemocratic rule in the State.

    “The unconstitutional declaration by President Tinubu of the suspension of the democratically elected Governor of Rivers, Siminalayi Fubara and appointment of an unelected individual, Vice Admiral Ibokette Ibas (rtd) to govern the State is a clear attack on our nation’s democracy.

    “It is an abrogation of the votes and democratic right of the people of Rivers State to choose their leader under the Constitution,” he said.

    Ologunagba also described it as clear attempt at state capture and a well-oiled plot to forcefully take over Rivers for the All Progressives Congress (APC).

    He said that the reasons adduced by the President could not justify the declaration of a state of emergency in the state under the 1999 Constitution, rendering the declaration completely incompetent.

    Ologunagba said that the unwarranted imposition of emergency rule in Rivers State was part of plot to foist a siege mentality across Nigeria, decimate opposition and impose a one-party State

    “In any case, nothing in Section 305 of the 1999 Constitution relied upon by the President in the declaration grants him the exclusive powers to declare or execute the declaration of a state of emergency without recourse to the statutory approval of the National Assembly.

    “For the avoidance of doubt, Section 305 (2) provides that ‘The President shall immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation including the details of the emergency to the President of the Senate and the Speaker of the House of Representatives;

    “Each of whom shall forthwith convene or arrange for a meeting of the House of which he is President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation’.

    “Mr President should recognize that his order to an unelected individual to forthwith take over government of Rivers State is illegal and a clear recipe for crisis, threat to the peace and stability of not only Rivers State but the entire nation,” he said.

    Ologunagba said that Gov. Fubara was democratically elected for a tenure of four years which tenure could not be unconstitutionally abridged.

    “The PDP therefore cautions Vice Admiral Ibokette Ibas (rtd) to respect the Constitution and ensure that he does not take any action or step which is capable of derailing smooth democratic Governance in Rivers State.

    “Nigeria is not under a military rule where the Governance of a State is by appointment by a junta,” Ologunagba said.

  • Tinubu seeks Reps approval on the state of emergency on Rivers

    Tinubu seeks Reps approval on the state of emergency on Rivers

    The Spokesman for the House of Representatives, Rep. Akin Rotimi (APC-Ekitit state) says the House of Representatives will on Wednesday, debate the state of emergency declared on Rivers by President Bola Tinubu.

    In a statement on Tuesday, Rotimi said that President Bola Tinubu had officially written the house of his decision in line with section 305 of the Constitution.

    “Mr. President’s formal letter, informing the House of Representatives of his decision and seeking approval in line with Section 305 of the Constitution, has been transmitted.

    “It will be read during plenary tomorrow, Wednesday, March 19, and further legislative action debated and decided,” he said.

    Following the lingering political unrest between the Executive and the Legislature in Rivers, Tinubu, in a live broadcast on Tuesday, declared a state of emergency on the state.

    The President suspended Gov. Siminalayi Fubara and Deputy Governor Ngozi Odu and all elected lawmakers of the State House of Assembly for an initial period of six months.

    NAN reports that Tinubu appointed the former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas, as the Sole Administrator of Rivers while the judiciary continued operations.

    Following the influence of the FCT Minister, Mr Nyesom Wike on the political face off, many stakeholders had threatened to embark on mass protests while others had commenced vandalising public property like oil pipelines.

    Rotimi, however,  said that the National Assembly was duly consulted before the declaration of state of emergency by the President.

    He said that the leadership of the National Assembly met with the President and the National Security Adviser, Malam Nuhu Ribadu among other security chiefs ahead of the broadcast.

  • Why I declared state of emergency in Rivers – President Tinubu

    Why I declared state of emergency in Rivers – President Tinubu

    President Bola Tinubu says he declared a state of emergency in Rivers because of the lingering political crisis in the state and attendant effects on democracy, security and well being of the citizens.

    The President, who stated this in a national broadcast on Tuesday said he felt greatly disturbed by the development.

    “Like many of you, I have watched with concern the development with the hope that the parties involved would allow good sense to prevail at the soonest, but all that hope burned out without any solution to the crisis.

    “With the crisis persisting, there is no way democratic governance, which we have all fought and worked for over the years, can thrive in a way that will redound to the benefit of the good people of the state,” he said.

    The President said the state had been at a standstill since the crisis started, with the good people of the state not being able to have access to the dividends of democracy.

    According to him, it is public knowledge that the Governor of Rivers, for unjustifiable reasons, demolished the  House of Assembly of the state as far back as Dec. 13, 2023 and has, up until now, 14 months after, not rebuilt same.

    “I have made personal interventions between the contending parties for a peaceful resolution of the crisis, but my efforts have been largely ignored by the parties to the crisis.

    “I am also aware that many well-meaning Nigerians, Leaders of thought and Patriotic groups have also intervened at various times with the best of intentions to resolve the matter, but all their efforts were also to no avail. Still, I thank them,” continued Tinubu.

    He stated that on Feb. 28, the supreme court pronounced a judgment in respect of about eight consolidated appeals concerning the political crisis in Rivers.

    He said the judgment was based on several grave unconstitutional acts and disregard of rule of law that had been committed by the Governor as shown by the evidence before the judgment was pronounced in very clear terms.

    He said the judgment stated that, “a government cannot be said to exist without one of the three arms that make up the government of a state under the 1999 Constitution as amended.

    “In this case the head of the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature as a despot. As it is there is no government in Rivers State.”

    Tinubu said the above pronouncement came after a catalogue of judicial findings of constitutional breaches against the Gov. Siminalayi Fubara.

    He said the judgment held that 27 members of the House who had allegedly defected were still valid members of Rivers House of Assembly and could not be prevented from participating in the proceedings of that House by the Governor in cohorts with four members.

    Tinubu said the Supreme Court made some orders to restore the state to immediate constitutional democracy.

    These orders, he said, included the immediate passing of an Appropriation Bill by the Rivers State House of Assembly which up till now has not been facilitated.

    He, however, said some militants had threatened fire and brimstone against their perceived enemy of the governor, who had up till now not disowned them.

    “Apart from that both the House and the governor 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,” he said.

    The President stated that the latest security reports made available to him showed that between Monday and Tuesday there had been disturbing incidents of vandalisation of pipelines by some militants 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.

    “With all these and many more, no good and responsible President will standby and allow the grave situation to continue without taking remedial steps prescribed by the Constitution to address the situation in the state,” he said.

  • Rivers: PDP faction faults impeachment notice to Fubara, deputy

    Rivers: PDP faction faults impeachment notice to Fubara, deputy

    The factional leadership of the Peoples Democratic Party’s (PDP) Working Committee in Rivers, led by Mr Nname Ewor, has condemned impeachment notice against the governor and deputy by Rivers House of Assembly.

    The committee also said that impeachment of Gov. Siminalaye Fubara was not part of the Supreme Court order.

    Ewor, at a media briefing on Tuesday in Port Harcourt, urged the Martins Amaewule-led House of Assembly to follow the part of peace towards implementation of the Feb. 28 Supreme Court ruling.

    According to him, impeachment was not part of the judgment, therefore, the House cannot at the moment contemplate it, especially when the governor is working towards implementing the ruling.

    Ewor also, urged Gov. Siminalaye Fubara to faststrack the implementation of the ruling as well as ensure administrative stability at the grassroots by conducting the local government election.

    ”We urge you (Fubara) to fully implement the Supreme Court judgment and also conduct the local government election since you had graciously dissolved the immediate past chairmen and councillors in adherence to the Supreme court.

    ”We urge you to remain committed in your efforts to re-presenting the 2025 appropriation bill though your first attempt at accomplishing this task was resisted by the lawmakers.

    ‘’We, however, look forward to positive outcome on the rescheduled March 19 for the budget presentation,” he said.

    Ewor urged the governor to pay less attention to the issue of impeachment notice as it is not part of the Supreme Court judgment.

    He also urged members to embrace peace and cooperate with the governor in his efforts towards actualizing the 2025 budget presentation.

    This, he said, among other demands by the Supreme Court, would put an end to the political unrest in the state.

  • Rivers Govt. urges lawmakers to end hostilities as impeachment plot thickens

    Rivers Govt. urges lawmakers to end hostilities as impeachment plot thickens

    The Rivers Government has urged the Rivers State House of Assembly (RSHA) to reconsider its stance and prioritise the welfare of the people to ensure peace in the state.

    Mr Joe Johnson, the Commissioner for Information and Communications, made the appeal at a news conference in Port Harcourt on Monday.

    He stressed that a change of course by the lawmakers would prevent unimaginable suffering and crises for the state and its people.

    The News Agency of Nigeria (NAN) recalls that the RSHA has earlier issued a gross misconduct notice against Gov. Siminalayi Fubara and his Deputy, Ngozi Odu, setting the stage for their possible impeachment from office.

    Johnson condemned the Assembly’s refusal to allow the governor the opportunity to re-present the 2025 Appropriation Bill, despite a Supreme Court directive.

    He criticised claims by the lawmakers that Fubara had not followed due process in notifying them about the budget presentation.

    “Gov. Fubara has demonstrated his preparedness and willingness to re-present the 2025 budget and fully implement all aspects of the controversial Supreme Court ruling.

    “His commitment to this process is solely for the sake of peace.

    “It is unfortunate that the lawmakers are misrepresenting him, portraying him as unwilling to comply with the Supreme Court’s judgement,” he stated.

    Johnson appealed to the Assembly members not to squander the opportunity to steer the state away from impending crises.

    “If this opportunity to pull the state from the precipice fails, the people and residents, without exception, will suffer avoidable calamities.

    “The state could face economic, social, and political upheavals, that might sink us deeper into unimaginable crises,” he warned.

    The commissioner also lamented that the Supreme Court’s directive for the Central Bank of Nigeria (CBN) to withhold the state’s revenue allocations had severely hampered the government’s ability to function.

    He stated that as a result, the state government would be unable to pay civil servants, retirees, and other workers their salaries, pensions, and emoluments.

    Johnson further noted that the government’s other financial obligations would remain unfulfilled until the judgement was fully implemented.

    “The collateral damage caused by the actions of the legislative arm in Rivers State will be so severe.

    “Withholding revenues due to the state will paralyse government operations,” he emphasised.

  • ‘I will leave office but…’ – Fubara to comply with S/Court’s judgment

    ‘I will leave office but…’ – Fubara to comply with S/Court’s judgment

    Gov. Siminalayi Fubara of Rivers, says his administration will  fully  implement  the recent judgment of the Supreme Court of Nigeria on  political crisis rocking the state.

    Fubara gave the assurance on Tuesday at  the inauguration of the new Judges’ Quarters, a housing facility completed by his administration in Port Harcourt.

    “It is not about me, I will leave office but the good work that I have done will speak for me and will defend my generation”

    He stated that the quarters was built for Judges who are indigenes of the state or  connected  to the state  by  marriage.

    “The political issues  in Rivers  happened for  protection of the interest of  its people.

    “It has not been an easy 16 months but what is important is the interest of our state, which must be above our personal interest. It is not about me, it is about the good of this state,” he said.

    Fubara said the money expended in prosecuting the political crisis on both sides was a huge waste.

    He stated that such financial resources and other efforts,  would be more profitable, if they were synergised, and channelled to things  that promoted genuine well-being and good of the state.

    “Thank God we are here today, I can assure you that  I have not gone back on my words that nothing, no price is too big to pay for peace in this state, because at the end of the day, it is about our people.

    “It is not about me, I will leave office but the good work that I have done will speak for me and will defend my generation,” he said.

    Fubara said that completing the facility, showed that his administration priotised the welfare, particularly of judicial officers.

    He explained that his administration inherited the project, and with reports from the Ministry of Justice and some concerns from the judiciary, it became imperative to continue with it.

    “We give glory to God that today, we have completed this project, and we are willing and ready to hand it over to the lucky judges who are going to live here so that they can perform their duties effectively.”

    The governor harped on the need for proper maintenance of the  facility and the entire premises.

    The Chief Judge of Rivers, Simeon Amadi, recalled how he laid the foundation stone of the project, which was initiated by the immediate past administration on May 22, 2023.

    The Chief Judge commended Fubara for completing the project, which he said represented  another milestone and great accomplishment for the Rivers  judiciary.

    “We are pleased with this landmark achievement, which represents continuation of the policy of providing befitting residential accommodation for judges of Rivers  on owner-occupier basis or monetary ground in lieu thereof.

    “This is backed by the Rivers State Housing Scheme for Judicial Officers Law No. 10 of 2021, passed by the Rivers  House of Assembly, and signed into law by the immediate past governor.

    “The Rivers government remains resolute in ensuring that judges were quartered while in service, and in recent years, had gone further to allocate official quarters to judges on  basis of owner-occupier or monetary ground of a fixed sum in lieu thereof.

    “The policy of providing official accommodation for judges on owner-occupier basis or monetary ground in lieu thereof has greatly reduced  the pressure on judicial officers who hitherto,  struggled to build retirement homes while in service with limited resources.

    “Such pressure and desire to own retirement homes in time past was a major concern and had its  impact on job performance,” he added.

    In an address, Mrs Ibiwari Clapton-Ogolo, the Solicitor-General and Permanent Secretary of the state justice ministry, said the housing scheme  law applied to judicial officers who must be indigenes of Rivers  either by birth or marriage.

    “The scheme provides for ownership of a decent accommodation in the state by every judicial officer who is an indigene  or married to an indigene  or monetisation of the accommodation, subject to the approval of the government.

    “In accordance with the above law, today, the chief judge of Rivers  will commission seven duplexes of five bedrooms, which are exquisitely furnished.

    “Our judges deserve nothing less. I pray that these duplexes will not just be  living houses but homes where they will find peace and rest as they discharge their duties to God and to men,” she added.