The declaration of a six-month state of emergency in Rivers State has raised major concerns both within Nigeria and internationally. Legal experts argue that Governor Siminalayi Fubara retains his mandate, but political analysts warn that power struggles could determine his fate.
As the federal government justifies its decision, international observers and legal experts are closely monitoring developments, warning that how Nigeria handles this crisis could set a dangerous precedent for democracy in the region.
Federal Government’s Position: Why the Emergency Rule Was Necessary
A senior government official, speaking to HeadlineNews.News, defended the decision, saying:
“The crisis in Rivers was escalating beyond control, and governance had become impossible. The emergency rule was necessary to restore security and prevent Rivers from descending into anarchy.”
Minister of Information, Mohammed Idris, added:
“This is not about politics. It is about peace and security. The federal government is acting in the best interest of the people of Rivers.”
However, there was no clear statement on whether Fubara will return to office after six months or if a new leadership structure will be put in place.
Legal Experts: Does Emergency Rule Remove a Governor?
Under Section 305 of the Nigerian Constitution, a state of emergency allows extraordinary measures to be taken, but it does not automatically remove an elected governor.
Prof. Adebayo Ogunleye, Constitutional Law Expert:
“Fubara was not impeached. A state of emergency does not mean his mandate is nullified. The legal assumption is that he should return after six months unless a constitutional process removes him.”
Barr. Emeka Nwokolo, SAN:
“If the federal government or political forces prevent Fubara’s return, this will be challenged in court. The Supreme Court may need to clarify whether a governor can be permanently removed through emergency rule.”
International Observers: A Dangerous Precedent for Democracy
International organizations and foreign governments have expressed concern over the situation in Rivers State, warning that it could set a dangerous precedent for democracy in Nigeria and West Africa.
U.S. State Department Official:
“Nigeria is a leading democracy in Africa, and its handling of the Rivers crisis will be closely watched. The rule of law and constitutional processes must be respected. The removal of an elected governor through emergency rule raises serious concerns.”
European Union Diplomatic Mission in Abuja:
“The emergency rule in Rivers State must be handled transparently. Any action that sidelines elected officials outside of constitutional provisions undermines democratic governance and risks political instability.”
Amnesty International Africa Director, Tigere Chagutah:
“We urge Nigerian authorities to ensure that emergency measures do not infringe on democratic rights. Any attempt to use emergency powers to permanently remove an elected official would be deeply troubling.”
Legal Precedents: Has This Happened Before?
Nigeria has seen previous instances of state of emergency declarations, but they have rarely led to permanent removal of governors.
1. Plateau State (2004) – Governor Suspended, Later Reinstated
President Olusegun Obasanjo declared a state of emergency in Plateau State, suspending Governor Joshua Dariye. However, after the emergency rule ended, Dariye resumed office.
2. Ekiti State (2006) – Governor Removed Through Impeachment
Governor Ayo Fayose was impeached under controversial circumstances before a state of emergency was declared. His removal was later challenged in court.
3. Adamawa, Borno, and Yobe (2013) – Governors Retained Power
During the Boko Haram insurgency, a state of emergency was declared, but the governors remained in office.
Key Takeaway:
No Nigerian governor has been permanently removed solely due to emergency rule.
If Fubara is blocked from returning, this would be an unprecedented legal and political situation.
Political Analysts: Will Fubara Be Allowed to Return?
Dr. Samuel Onuoha, Political Analyst:
“This is not just a legal matter—it is a power struggle. If the federal government wants Fubara out, they may find ways to keep him out. But this could spark protests and legal battles.”
Ngozi Chukwuma, Political Journalist:
“If Rivers’ people push back hard, Tinubu may have no choice but to let Fubara return. If they remain silent, Abuja might impose a new leader.”
Public Reactions: Rivers People Demand Fubara’s Return
Chief Nnamdi Amadi, Community Leader in Port Harcourt:
“Fubara is our governor. If the National Assembly tries to block his return, Rivers people will not stay silent. There will be mass protests.”
Mrs. Evelyn Hart, Market Leader in Bonny:
“Governor Fubara has worked for the people. Abuja should not impose another leader on us.”
Youth Activist, Tony Boma:
“If Tinubu and Wike think they can use this emergency rule to remove Fubara permanently, they are making a big mistake. Rivers people will not allow this.”
Possible Outcomes After Six Months
Scenario 1: Fubara Returns
If the emergency rule is lifted and no legal action is taken against him, Fubara resumes office.
Scenario 2: A New Governor is Installed
Abuja may push for Fubara’s resignation or impeachment, allowing another leader to take over.
Scenario 3: Emergency Rule is Extended
The National Assembly may approve an extension, delaying Fubara’s return indefinitely.
Conclusion: A Test for Nigerian Democracy
The battle for Rivers State is far from over. While Fubara has the legal right to return, the political struggle over his reinstatement will be intense. The next six months will determine whether the rule of law prevails or if political forces dictate the future of Rivers State.
One thing is certain: The world is watching, and Rivers people are ready to resist any attempt to sideline their elected governor.
Dr. G. A. Fraser. MFR
Founder, The National Patriots.
