By Ebun-Olu Adegboruwa, SAN
INTRODUCTION
In the midnight of September 18, 2025, what started like a joke in Rivers State came to its expected end after the President announced his intention not to extend the state of emergency declared upon the State. It was the best thing to do in the circumstances as the controversial declaration of the President made in March 2025 could not be sustained or prolonged beyond its ill-fated six months. It should be clear to all by now that the theory of civilian dictatorship can never find a suitable root within the present day Nigerian democratic template, no matter its colouration. The people are more enlightened and determined to resist all forms of oppression, subjugation or conquest. The Constitution forbids it, God detests it and nature prohibits it, that the collective will of the people be truncated and annulled whimsically based on political differences. The doctrine of federalism itself postulates a limited fraternity between the federal and state organs in order to preserve the independence of the federating units. That being the case, the idea of section 305 as contained in the Constitution of the Federal Republic of Nigeria, 1999 as amended, is an anomaly to the concept of federalism if it can be deployed by the central government to alter, abolish or even sack any of the officers of the federating organs or dissolve any of its institutions. That should form part of the focus of the National Assembly in its current exercise in constitutional amendment. The elected Governor of Rivers State, his Deputy and the elected representatives of the people of Rivers State in the House of Assembly have all resumed their constitutional responsibilities, upon the proclamation of the President. Perhaps if the events in Rivers State had not occurred, we would not have woken up to the reality of the dangers hidden under the very poorly worded provisions of section 305 of the Constitution, which by its history, was part of the relics of colonialism. By now, all the combatants involved in the crisis must have learnt one lesson or the other.
THE PRESIDENT’S BURDEN
The President owes Nigerians a very heavy burden of straightening the records as they pertain to the tenure and administration of the sole administrator that he appointed to manage the affairs of Rivers State from March to September 2025. It was the President who unilaterally came up with the name of Vice Admiral Ibok-Ete Ekwe Ibas (Retd), it was the President that presented Ibas to Nigerians and the people of Rivers State and it was the President who forwarded his name to the National Assembly for approval. As far as history is concerned, Ibas will forever remain the President’s project. During his tenure, the sole administrator was reporting to the President and what he did in office as such are deemed to be the actions of the President for the six months duration. There is need for full and frank disclosures of all his actions during his tenure, in relation to financial transactions conducted, appointments made and decisions taken, generally. Given the circumstances prevailing in Rivers State, it is most unlikely that the elected Governor will undertake any probe of the tenure of the sole administrator. It is the President’s remit to render a comprehensive account to Rivers State and to Nigeria. The President should do this voluntarily as part of his constitutional responsibilities arising from the powers that he exercised under section 305 of the Constitution.
THE NATIONAL ASSEMBLY’S CROSS
The National Assembly approved the appointment of the sole administrator, through a voice vote, purportedly aggregating two-third majority of its members. Without that orchestrated approval, the state of emergency would not have materialized. Beyond the peremptory approval, the National Assembly also entered into the arena by setting up Committees of both Houses to supervise the sole administrator. They were for all intents and purposes, part and parcel of the six months state of emergency. The two Committees set up by the National Assembly should place their reports before the Senate and the House of Representatives for deliberation and thereafter make them public. In addition, the National Assembly is by now, well aware of the controversies generated by section 305, the ambiguities, the gaps and lacuna already identified by various stakeholders. Since the National Assembly is currently considering a holistic amendment of the Constitution, it should take a critical look at section 305 to bring it into conformity with the concept of federalism to guarantee the sanctity of the choice of the people and the independence of the federating units. This is a sacred duty that must be discharged to the people of Nigeria.
WIKE’S LEGACY
The Honourable Minister of the Federal Capital Territory, Mr Nyesom Wike, has been in the eye of the storm for too many reasons. He should be concerned with legacy and history because at the end of it all, he will return home to Rivers State, being his root. The Minister has all it takes to bring a decisive end to the whole crisis in Rivers State and make it a center of peace and development. He was a local government chairman, a chief of staff, a minister of state and a former governor. He is now a Minister of the FCT, in charge of the nerve center of Nigeria, he is a legal practitioner and also a Life Bencher. The political aspect of his life should not dwarf the excellent performances that he has recorded in many other areas. Today, nobody visits the FCT without acknowledging the rapid transformation that the city has so far witnessed under his tenure but all that will pale into insignificance once we beam the searchlight on the Minister’s involvement in the crisis in Rivers State. Surely there must be an alternative peaceful roadmap available to replace perpetual political warfare. Political office is temporary when compared with reputation and history, which are permanent brushes upon human existence. The Minister should calm down and give peace a chance, for once, and indeed for all times. And why not? Afterall, election into any office that the Minister may likely vie for in future will be the prerogative of the people, ultimately. As a Minister of the FCT, I cannot see the justification for the constant media engagements, given that he is now a public servant accountable to the people of Nigeria only in relation to his assignment as the FCT Minister. If the Minister is unable to call himself to order now, then it is the duty of the President to streamline his responsibilities as defined by law.
FUBARA’S ALBATROSS
The Governor is at the centre of all the crisis in Rivers State and he must take full responsibility for all that has happened. It is as simple as that. He was the Accountant-General of Rivers State under Mr. Nyesom Wike, then Governor of Rivers State. They wined and dined together, when the going was good. Whether the governor sought for power or power was bestowed upon him, it was his personal and voluntary decision to contest for the position. The Governor cannot claim not to know what he bargained for then, in now seeking to play the victim, upon attaining power. He must navigate this difficult route with wisdom, tolerance and benevolence. Democracy involves consultation, mutual disagreements and collective realignments. It can be very difficult to carry the mandate of the people and still be under the control of external forces but that was what he signed for and the maxim in law is volenti non fit injuria (to a willing person, no injury is done). His Excellency must work out a viable solution to the crisis so that he can deliver on his promises to the people of Rivers State within the time left. He has to work with the House of Assembly and the chairmen of local government councils that have been elected in his absence. The power in the hand of the Governor must be deployed with wisdom.
JUDICIARY ON TRIAL
In the course of the crisis in Rivers State, several cases were filed in various courts. The President in his statement by which he restored democracy to the troubled State, revealed that about forty cases were filed in court. Some of the cases were transferred from Rivers State to Abuja in very controversial circumstances and they were consolidated. As of September 18 when the tenure of the sole administrator expired, I doubt if any of the court cases had been determined on its merits, including the one that was filed in the Supreme Court. Perception plays a vital role in the administration of justice hence the maxim that justice must not only be done but be seen to have been done. The way the average objective person perceives the judiciary is very important, because that will eventually become their reality. Given that the tenure of the sole administrator was for six months, the courts ought to have done their best to hear and determine all cases relating to the legality of his appointment and tenure. The unfortunate impression that has been created in the mind of the people is that might is right and that the judiciary is pampering the executive arm of government. The powers granted to the judiciary under section 6 (6) (b) should not be subjugated to serve the interests of the same persons that took oaths of office to defend and protect the Constitution. Litigants are entitled to know their fate anytime they submit their disputes before the court for adjudication. Let all cases be heard and determined one way or the other.
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