By Hassanat Adebowale

President Bola Tinubu has declared a state of emergency in Rivers State, citing the ongoing political crisis as the reason for the intervention. The announcement was made during a national broadcast on Tuesday, with the President invoking Section 305 of the 1999 Constitution (as amended) to justify the decision.

Effective immediately, the declaration suspends Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial period of six months. President Tinubu has appointed retired Vice Admiral Ibokette Ibas as the Administrator to oversee the state’s affairs during this period.

In his address, Tinubu clarified that the judiciary in Rivers State would remain unaffected by the declaration and would continue to operate as mandated by the Constitution. “The Administrator will not enact new laws but may formulate necessary regulations, subject to approval by the Federal Executive Council and promulgation by the President,” he explained.

The President emphasized that the decision was taken in the interest of restoring peace and stability in Rivers State. “This intervention is necessary to address the lingering crisis and ensure that all political actors adhere to the constitutional principles binding on them,” Tinubu said.

The declaration has been officially published in the Federal Gazette, with a copy forwarded to the National Assembly as required by law. Tinubu expressed hope that the measure would bring an end to the unrest and serve as a reminder of the constitutional responsibilities of political leaders in Rivers State and across Nigeria.

Vice Admiral Ibas, as the appointed Administrator, will oversee the state’s governance during the emergency period. While he will not have the authority to legislate, he is expected to manage the state’s affairs and implement measures to restore order.

GI’s Legal Corner

Under Section 305 of the 1999 Constitution, the President can declare a state of emergency if there is a breakdown of law and order, threats to national security, or governance failure. However, such declarations must be formally gazetted and approved by the National Assembly within ten days.

The legal validity of the suspension of elected officials, including a sitting governor, may be subject to judicial review. Some legal experts argue that a governor’s removal must follow constitutional impeachment procedures, while others contend that emergency provisions may override normal processes in exceptional cases.

The coming days will likely see legal and political challenges to this unprecedented move.

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