AFOLABI

AFOLABI

The Supreme Court ruling in 2006 has placed a legal obstacle before the suspended Governor of Rivers State, Siminalayi Fubara, preventing him from seeking the enforcement of his rights through the courts.

According to TheCable, while Fubara is barred from directly approaching the court under the precedent set by the ruling, he could potentially initiate a case at the Federal High Court, though experts indicate that a swift resolution of the matter is unlikely.

On March 19, 2025, President Bola Tinubu announced the suspension of Fubara, his deputy, Ngozi Odu, and all members of the Rivers State House of Assembly.

The decision, made in a live national broadcast, cited the ongoing political unrest in the state as the reason for declaring a state of emergency.

Naija News reports that the president appointed retired Vice-Admiral Ibok-Ete Ibas as the state’s sole administrator during the six-month emergency period.

Fubara, a member of the opposition Peoples Democratic Party (PDP), has since been excluded from office, as part of the emergency measures aimed at restoring order.

Section 305 of the 1999 Constitution (as amended) grants the president the power to declare a state of emergency under certain conditions.

However, legal experts have raised concerns about whether the suspension of a sitting governor, deputy governor, and lawmakers goes beyond the constitutional limits of executive authority.

This situation mirrors a previous instance in 2004, when President Olusegun Obasanjo declared a state of emergency in Plateau State due to violent ethnic and religious clashes.

The emergency resulted in the suspension of then-Governor Joshua Dariye and the state legislature, with retired General Chris Alli appointed as the sole administrator.

In the Plateau case, the Plateau state government and the state assembly challenged the president’s actions at the Supreme Court, but their case was struck out on jurisdictional grounds.

The court ruled that the appointed administrator had full control of the state and had not authorized anyone to challenge the president’s decision in court.

The court’s lead judgment, delivered by Justice Idris Kutigi, concluded that the plaintiffs lacked the legal standing (locus standi) to file the case on behalf of the state.

The judgment also clarified that since there was no legal dispute between the administrator and the federal government, the court lacked the jurisdiction to hear the case.

This legal precedent means that Fubara cannot seek to challenge his suspension through the Rivers State government, as he no longer holds executive authority under the state of emergency.

According to the 2006 ruling, any attempt to sue on behalf of the state government would be invalid since the current administrator holds full control.

Can’t File In Personal Capacity

The Supreme Court, in Plateau State v. Attorney-General of the Federation, also clarified that under Section 232(1) of the 1999 Constitution, it only has original jurisdiction over disputes between the federal government and a state — not cases filed by individuals in their personal capacity.

The court struck out all reliefs sought on behalf of Dariye, the deputy governor, members of the House of Assembly, and state commissioners, ruling that it lacked jurisdiction to entertain their personal grievances.

This sets a precedent: Fubara cannot personally approach the Supreme Court to challenge his suspension.

Other governors elected on the platform of the PDP have resolved to approach the Supreme Court to challenge the declaration of emergency rule. Fubara is notably not listed as a plaintiff.

According to TheCable, if Fubara cannot seek redress at the Supreme Court, could the federal high court offer an alternative legal pathway?

The federal high court has jurisdiction over cases involving the enforcement of fundamental rights, constitutional interpretation, and disputes involving the federal government.

Under Section 251 especially subsection (r) of the 1999 Constitution, the court can hear cases where the federal government or any of its agencies is a party.

This raises the question of whether Fubara or not can challenge his suspension by arguing that it violates his fundamental rights or seek judicial review arguing that his suspension exceeds presidential powers.

Ultimately, while the federal high court might offer a window for legal action, success would depend on whether Fubara’s legal team can establish that the president acted beyond his constitutional powers.

Even then, lawyers contend the case would likely face objections from the federal government and could take years to resolve — by which time the six-month suspension would have lapsed.

The member representing Ogbaru Federal Constituency in the House of Representatives and leader of the Labour Party caucus, Hon. Afam Victor Ogene, has revealed that his party is actively participating in talks over a coalition to oust President Bola Tinubu in 2027.

Speaking to Sunday Sun, he disclosed that many political parties including the All Progressives Congress (APC) want his political leader, former Labour Party Presidential Candidate, Peter Obi, to join them.


He noted that if there was a need for a coalition to remove former President Goodluck Jonathan in 2014, then there is even a more compelling need for disparate opposition leaders and political parties to come together against Tinubu in 2027.

Ogene said: “Nigeria is currently in some form of dire straits, even more worrisome than the situation the country found itself during the President Goodluck Jonathan years. Although the issues prevalent at the time largely hinged on insecurity occasioned by the rampage of Boko Haram and the seeming indecisiveness of the then President, what confronts our dear country now is clearly an existential threat to its survival as a democratic state. While Jonathan was roundly dismissed as ‘clueless,’ the current occupant of the seat, President Bola Ahmed Tinubu, has conversely proven to be a conscript, ready to compromise all vestiges of our democracy, in favour of the rule by one man. Thus, in my estimation, if indeed there was a need to form a coalition in 2014, to ensure the removal of then President Jonathan from office, there’s even now, a more compelling need for disparate opposition leaders and political parties to come together, in the quest for power.

“Regarding whether my political party is part of the coalition, all I can say is that my leader, Mr Peter Obi, is in the mix, and is, in fact, the beautiful ‘bride’ in the entire equation. Indeed, besides all political parties, including the ruling All Progressives Congress (APC) craving to have Obi in their corner, Nigerians across tribes, region, religious, age brackets and Diaspora, who yearn for a better-run country want him on the saddle.

“So, essentially, we are part and parcel of this emerging coalition, of either political parties, or genuine leaders who can no longer watch our country being run like a fiefdom. Concerning whether the emergent coalition will be able to oust the APC from office in 2027, the answer flies in the wind. I say so, because any team desirous of winning a game must begin by fielding its first eleven, with youthful zest, dexterity and global acceptability in mind.”

The presidency has responded to the criticism from former President Goodluck Jonathan and Nobel Laureate Wole Soyinka regarding the recent suspension of elected officials in Rivers State, following President Bola Tinubu’s declaration of a state of emergency in the state.

Recalls that former President Jonathan condemned the suspension of the elected officers in Rivers State, describing the actions as detrimental to Nigeria’s international reputation.

At the Haske Satumari Foundation Colloquium in Abuja on Saturday, Jonathan expressed his disappointment over the removal of elected officials.

He stated, “These actions by key actors in the executive and legislative arms of government paint the country in a negative light.”

Jonathan stressed the importance of the executive, legislature, and judiciary in maintaining the nation’s image and investment opportunities.

He further accused the three arms of government of engaging in abuse of power, which he argued contributed to the crisis in Rivers State.

The former president, who chaired the event, clarified that although former presidents typically refrain from commenting on such issues to avoid escalating tensions, his decision to speak out was prompted by numerous Nigerians urging him to address the situation, especially as a prominent figure from the Niger Delta region.

Jonathan also criticized the lack of trust in the judiciary, pointing out the troubling scenario where an individual, rather than the judicial system, had the power to dictate actions to the bench.

Soyinka Criticizes The Move As Anti-Federalism
Similarly, Nobel Laureate Wole Soyinka expressed concerns about the declaration, stating that it undermined the spirit of federalism.

Speaking to The Africa Report, Soyinka argued that the manner in which the state of emergency was declared betrayed the principles of federalism enshrined in Nigeria’s Constitution.

He noted that the 1999 constitution granted excessive power to the president, and called for a national discussion on the matter to address these concerns.


Reacting to the criticism, Temitope Ajayi, the Senior Special Assistant to the President on Media and Publicity, acknowledged the respected status of both Jonathan and Soyinka but clarified that their opinions were personal.

Ajayi maintained that the actions taken by President Tinubu were in line with the provisions of the Nigerian Constitution, specifically Section 305, which grants the president the authority to declare a state of emergency.

He said, “Professor Wole Soyinka and former President Goodluck Jonathan are respected statesmen. Like many Nigerians that have offered varied opinions on the President’s declaration of a state of emergency in Rivers State, the two distinguished Nigerians have also offered their own opinions too.

“President Tinubu has a country to govern, and he has exercised his power under the 1999 Constitution as amended.

“President Tinubu has a duty to preserve the corporate existence of Nigeria. He won’t allow any part of the country or state to descend into chaos.

“The Supreme Court ruled that there is no functioning government in Rivers State known to the constitution of Nigeria. President Tinubu won’t fail in his sacred duty to protect and preserve the country.”

 

Former Governor of Sokoto State, Senator Aminu Waziri Tambuwal, has argued that the Senate did not meet the constitutional two-thirds majority required to approve President Bola Ahmed Tinubu’s proclamation of a State of Emergency in Rivers State.

The Senate, last Thursday, held a closed session to deliberate on the president’s proclamation and later approved it during plenary through a voice vote.

However, Tambuwal, who represents Sokoto South in the 10th Senate, disclosed to Sunday Sun that the necessary two-thirds majority—73 out of 109 senators—was not reached, thus violating Section 305 of the 1999 Constitution, as amended.

Tambuwal, who was present during the closed session deliberation, emphasized the constitutional requirements for declaring a state of emergency.

He stated, “Section 305 of the Constitution is very clear. It is unambiguous, the language is very plain, of the Constitution as to first, how the president can declare a state of emergency and what is required of the legislature, the two chambers – both the Senate and the House of Representatives before passing such a resolution.”

He further explained, “What is required is that you must obtain and have two-thirds of all the members, of either of the two chambers, in support of the resolution.”

Regarding the Senate’s approval, Tambuwal noted that he observed there were not enough senators present to meet the constitutional requirement.

“I don’t know whether members of your team, who are members of the press corps, had the privilege of checking the (Senate) register to see whether there were up to 72, 73 senators on the floor. From what I saw, there was no such number on the floor on that day,” he said.

He added, “So, if you juxtapose that to the requirement of the Constitution which says that the Senate must have two-thirds of its members… to pass that resolution, it means that what was done fell short of the provision of the Constitution.”

Tambuwal also pointed out that the National Assembly ignored its own precedents in approving the proclamation.

He highlighted previous instances of state-of-emergency declarations, such as during President Olusegun Obasanjo’s administration and under President Goodluck Jonathan in 2013, when the required two-thirds majority was strictly adhered to.

“What stops the current National Assembly from making reference to its own precedents that are domiciled within its own library, within its own records? I can’t understand that. So, it’s part of the problem,” he added.

Nobel Laureate, Prof. Wole Soyinka, has condemned the suspension of elected officials in Rivers State, asserting that the declaration of a state of emergency in the state is contrary to the spirit of federalism.

Naija News reports that President Bola Ahmed Tinubu had on Tuesday declared a state of emergency in Rivers State and also suspended all elected government officials, while appointing a sole administrator to govern the state for an initial period of six months.

But in an interview with an international news outlet, according to ThisDay, Soyinka expressed concern over the excessive power granted to the president under Nigeria’s 1999 constitution.

He emphasized the need for a national conversation to address this issue.

“If it is constitutionally right, then I think it is about time we sat down and amended the constitution to make sure that it operates as a genuine federal entity,” Soyinka said.

He added that the Nigerian government is over-centralized and that there will always be debate about whether the state of emergency was a wise decision, but he firmly believes that it contradicts the fundamental principles of federalism.

Soyinka continued, “I find that the constitution has put too much power in the hands of the president. The system we are operating right now is not the best for a pluralistic society like ours. That is a fundamental principle I have always held.”

He called for a national conference to address the country’s foundational issues, stating, “The federal spirit of association is a cardinal principle, and for that reason, some of us have called again and again for a national conference to really accord ourselves an authentic people’s constitution. Right now, in principle, this action is against the federal imperative.”

A prominent leader of the New Nigeria Peoples Party (NNPP) and a close ally of the party’s 2023 Presidential candidate, Rabiu Kwankwaso, Buba Galadima, has clarified that there is no existing agreement or understanding between the North and South regarding the 2027 presidential election.

In an interview with Sunday Punch, Galadima stressed that opposition parties should be more concerned about ensuring credible and fair elections rather than focusing on the regional origins of presidential candidates.

He stated, “I don’t discuss the North and I don’t discuss the South when I speak on democracy. Okay. If Tinubu is finishing and has done well, and Nigerians decide to vote for Seyi Tinubu, I have no grudge, provided that there is a free and fair election.

“I have no grudge because that is democracy. Opposition should be more concerned about credible election, than this North and South thing.

“And anybody who tells you there is any understanding or agreement between the North and South, tell him he’s a liar. And he doesn’t understand what democracy is. He doesn’t understand what politics is. As far as I am concerned, I am talking about democracy, I am not talking about North and South.”

Naija News reports that Galadima stated this days after the 2023 presidential candidates from the Peoples Democratic Party (PDP), Atiku Abubakar; the Labour Party (LP)’s Peter Obi; and former Kaduna State Governor Nasir El-Rufai announced the formation of a coalition aimed at ousting President Tinubu in the 2027 elections.

Musibau Alani, the renowned Fuji musician, has dismissed the claims that he snatched Asake’s mother, Fali, from his father, Odunsi, popularly known as Malo.

 

He stated that he was not responsible for the separation between the duo, adding that Fali was no longer married to Malo when he met her.

 

The controversy arose after Odunsi claimed that Asake had neglected him, leading to widespread social media discussions.

 

Some online commentators further alleged that Alani was present as a performing musician during Asake’s naming ceremony. But the Fuji veteran has categorically dismissed these claims.

 

However, addressing the allegation, in a recent media chat, the Stand Well Well crooner, who is Asake’s stepfather, confirmed his marriage to the singer’s mother, a union that produced three children, two of whom are now deceased.

 

“I met Fali as a single mother; she was already separated from her husband, whom I didn’t know at the time. We got along, and she moved in with me along with her son, Ahmed (Asake). I trained the boy,” Alani explained.

 

He also recalled a later encounter with Odunsi, saying, “I eventually met her ex-husband, Malo, who was working at a council in Lagos Island. The day he saw me there, he even told his colleagues to thank me for taking good care of his son, Ahmed (Asake).

 

*For the record, I did not snatch Fali from her first husband, and I was neither present at nor played at Asake’s naming ceremony.”

The Leader of INRI Evangelical Spiritual Church, Primate Elijah Ayodele, on Saturday warned African presidents to take charge of the continent, as he foresees rebels spreading across several countries in an attempt to cause insecurity.

 

The prophet stated that prominent groups like RSF and M-23 will turn Sudan and DR Congo into war zones, with plans to continue spreading across the continent to capture more countries.

 

In a statement signed by his spokesman, Oluwatosin Osho, Ayodele advised African leaders to stop relying on the United Nations and support from the U.S. but instead focus on ECOWAS and the AU, and what they can do collectively to solve the insecurity crisis.

 

 

“RSF and government forces will turn Sudan into a war center, and they can become a syndicate in the African continent. M-23 and RSF can become a terrible force in the continent if African leaders don’t take action.”

 

“Let’s forget about the U.S. and UN—what are ECOWAS and the AU doing to curb insecurity? They are doing nothing, and this matter goes beyond the president of DR Congo. These people will terrorize Africa, and this is why South Sudan must also rise to fight the rebels there, because this will continue to spread.”

 

He further noted that some countries, including Benin Republic, the Central African Republic, and Togo, may soon experience an invasion by these rebels. He called on leaders to stay on high alert to prevent instability, warning that it could become a crisis that will not be easily resolved.

 

“Rebels will take over many African nations, including Benin Republic, CAR, and Togo. They are coming and can invade Africa as a continent. Our leaders shouldn’t sleep on this because they are not doing anything. There won’t be stability in the continent. This could become a serious crisis that won’t be healed anytime soon.”

Nyesom Wike, minister of the federal capital territory (FCT), once advised Akinwumi Ambode, former Lagos governor, to reject godfatherism in his state.

 

In a September 2018 interview on The Osasu Show, Wike, who was then Rivers governor, advised Ambode to prioritise Lagos’ interests over those of President Bola Tinubu, widely seen as Lagos’ political godfather.

 

Ambode failed to secure a second-term ticket as the candidate of the All Progressives Congress (APC) as it became obvious that he had fallen out with Tinubu ahead of the 2019 election.

 

This, many believed, was mainly because of allegations that he abandoned the party structure put in place by Tinubu and even dumped some loyalists of the APC leader.

 

Ambode lost his second term bid as Babajide Sanwo-Olu, Tinubu’s anointed candidate, won the party’s ticket and the governorship election.

 

“If it is correct that the godfather is against Ambode, I will tell him (Ambode) to resist it. I will tell him to promote the interests of his state,” Wike said.

 

“Godfatherism is not good. It negates development. No more godfather politics in Rivers state. We are not in Lagos state. Rivers state will not accept godfatherism. My concern is to do well for Rivers state.”

 

Years later, a political clash between Wike and his successor, Siminalayi Fubara, over the control of Rivers state triggered a breakdown of law and order.

 

 

WIKE VS FUBARA

 

The rift between Wike and Fubara traces back to October 2023, when tensions flared over control of the state’s political machinery. Wike, as the outgoing governor of Rivers, had handpicked Fubara as his successor in the 2023 general election.

 

However, cracks emerged soon after Fubara’s inauguration, with the governor resisting Wike’s influence.

 

The situation escalated on October 29, 2023, when an attempt to impeach Fubara led to the demolition of the Rivers state house of assembly complex, an act Wike’s allies blamed on Fubara’s camp.

 

In December 2023, a peace pact brokered by Tinubu unravelled as both sides accused each other of breaches. Wike claimed Fubara abandoned those who supported his rise, while Fubara accused Wike of meddling, citing incidents like the minister’s alleged interference in local chieftaincy matters.

 

The crisis peaked on February 28, 2025, when the supreme court reinstated 27 pro-Wike lawmakers, tipping the balance against Fubara.

 

The assembly, led by Martin Amaewhule, the speaker, accused Fubara of flouting court orders to re-present the 2025 budget and issued a misconduct notice against the governor on March 17.

 

Fubara’s efforts to meet legislative demands hit a wall, with allegations of being prevented from entering the house of assembly.

 

On March 18, President Tinubu declared a state of emergency in Rivers, pointing to the political unrest and risks to oil infrastructure as justification.

 

He then suspended Fubara, Ngozi Odu, his deputy, and all assembly members for six months.

 

Tinubu appointed Ibok-Ete Ibas, retired vice-admiral as the sole administrator of Rivers state during the emergency period.

 

Two days later, on March 20, the senate and house of representatives controversially approved Tinubu’s emergency declaration through voice vote.

Samuel  Anyanwu, national secretary of the Peoples Democratic Party (PDP), has praised Nyesom Wike, minister of the federal capital territory, for supporting him while he faced a legal battle to be recognised as the party’s scribe.

 

On Friday, the supreme court nullified the judgement which sacked Anyanwu as national secretary of the PDP.

 

Anyanwu and Sunday Udeh-Okoye have been laying claim to the position of the national secretary of the opposition party.

 

“First, let me thank almighty God. I use this opportunity to ask those who are faithful to God to remain faithful because there is nothing God cannot do. I want to thank my leaders across the country, PDP faithful, who stood by the truth,” Anyanwu said after resuming at the party’s national secretariat.

 

“I also thank those who have put me in the situation I was. Without their challenges, I won’t come out the way I have come out. I still thank them. In everything, we are one family. We are a PDP family. This victory is victory for all PDP faithful. It is not a victory for me.

 

“I want to thank, in a very special way, my friend and my leader, the honourable minister for FCT, who also believed and supported me and gave me encouragement. Some of our governors too who believed in me and believed in the truth, who stood by me in all circumstances.

 

 

“I want to assure my colleagues in the NWC that we are one family. We are one family; we came here as a family, and we will leave as a family. We came the same day; we are going to leave the same day.

 

“I want to assure them that despite what has happened, we are humans. We can always err, but what matters is if you are honest and sincere about your repentance.”

 

 

Anyanwu said the leaders of the PDP will reshape the party ahead of the 2027 general election.

 

“Our aim is to win election in 2027. I want to plead with all those who are causing confusion in our party to please desist. This is the only party we have,” he said.

 

“We cannot destroy our home. We can’t destroy our bed, if we destroy our bed, we will sleep on the bed. Nigerians love PDP, so we are going to work hard, we are going to brainstorm to see how the party will come back again.”

 

He also urged those who have left the party to come back ahead of the 2027 polls