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![[OPINION] A sad day for Democracy in Rivers State - Sunday Onyemaechi Eze](/media/k2/items/cache/253cf571b2532d9ba506cdbc6b63cf61_XL.jpg)
March 18, remains a sad day for democracy and it's ideals particularly in Rivers State and Nigeria in general. The state has been in the eye of the storm since the inauguration of Siminalayi Fubara as governor. Rivers has experienced series of events which have raised grave concerns about threat to democracy. The culmination of these events resulted to the declaration of a state of emergency by President Bola Ahmed Tinubu, leading to the suspension of governor, his deputy. Prof. Ngozi Odu and the State's House of Assembly for six months.
The president hinged his decision on the premises of the supreme court judgment in respect of about eight consolidated appeals concerning the political crisis in Rivers State, based on several grave unconstitutional acts and disregard of rule of law that have been committed by the governor. The Supreme Court also decided on the constitutionality of Fubara working with four members of the House of Assembly loyal to him against ignoring other twenty-seven pro-Wike lawmakers said to have defected to the All Progressive Congress (APC). “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,” the court said.
"…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, which no doubt requires extraordinary measures to restore good governance, peace, order and security. In the circumstance, having soberly reflected on and evaluated the political situation in Rivers State and the Governor and Deputy Governor of Rivers State having failed to make a request to me as President to issue this proclamation as required by section 305(5) of the 1999 Constitution as amended, it has become inevitably compelling for me 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 State with effect from today, 18th March, 2025 and I so do."
The declaration of emergency rule came to everyone as a rude shock. It is actually a rare and unexpected occurrence in Nigeria's political trajectory. The president reserves the constitutional right to impose state of emergency but there is nowhere in the constitution where he was empowered to suspend the governor or democratically elected institutions. In fact, the constitution offers circumstances which could warrant emergency declaration. The emergency provisions under Section 305 of the 1999 Constitution as amended exists to restore order only in times of grave national crisis not to topple duly elected state government officials and institutions. Was there national crisis leading to breakdown of law and order in Rivers State? Did the president adhere to the constitutional provisions?
The underlying squabble between governor Fubara and Nyesom Wike and by extension through his pro-Wike legislators according to sources stems from Fubara's insistence that Rivers State is not a personal estate of any individual, thus, cannot be run at the whims of Wike. Wike was miffed, angry and disappointed with the man who he claimed he defiled all odds despite warnings and opposition to make a governor. Since then, there has been palpable political tension between the duo and their supporters. This tension has brewed for over the past twenty months, with Fubara being taunted but he continued to deliver on road projects and other dividends of democracy. The local government election held in October 2024 marked another turning point in the entire political saga. The apex court among others declared the local government election was void and ordered a representation of the 2025 Budget.
Fubara obeyed the court order and was setting out machineries in motion for total compliance before the twenty-seven lawmakers began impeachment proceedings against him even after adjourning sitting sine die. The pro-Wike legislators accused governor Fubara of high-handedness and contravention of the laws bordering on the presentation of the state budgets to a minority legislature. This internal political rivalry was gravely heightened by reported incidents of pipeline vandalism, including a blast on the Trans Niger Pipeline, which featured as one major reason for the president's declaration of a state of emergency. The last state of emergency in Nigeria was declared by former President Goodluck Jonathan in response to the devastation imposed on the north east by Boko Haram insurgency.
However, at that time, state governors were neither suspended nor the legislature disbanded. The political situation in Rivers State reminds us that power corrupts. It exemplifies how personal political interests of a few could shape the polity and override the provisions of the constitution. The National Assembly given its status as the extension of the executive arm has shown deliberately-repeatedly its lack of courage and independence.
In Nigeria, when democratic institutions are subjected to the pressure of political power struggles and violence, by the powers that be, they succumb to peanuts dangled in their faces instead of standing firm for truth and justice. This raises concerns about the weakness of democratic institutions in Nigeria and the nonchalance in governance spaces. It was revealed by Saharareporters.com that substantial amounts were doled out in dollars to NASS members to ratify the emergency declaration. And it scaled through voice vote – a smart legislative procedure adopted to thwart intended outcome of legislative policy or governance item to be voted on.
In 2013, President Tinubu condemned in strong terms the declaration of a state of emergency in Borno, Yobe, and Adamawa by Goodluck Jonathan, described it as a dangerous assault on democracy and a ploy to rig the 2015 election even when democratic institutions were not affected. He declared, “the body language of the Jonathan administration leads any keen watcher of events to the unmistakable conclusion of the existence of a surreptitious but barely disguised intention to muzzle the elected governments of these states for what is clearly a display of unpardonable mediocrity and diabolic partisanship geared towards 2015.” With his own declared state of emergency in Rivers, does this not also mean a disguised intention to muzzle the elected governments for what is clearly a display of unpardonable mediocrity and diabolic partisanship geared towards 2027?
Despite landmines laid for him and spirited attempts to draw governor Fubara into a public fight, he chose the path of peace, gentleness and diplomacy. However, his traducer ably represented by the twenty-seven members of the house want a pound of flesh. President Tinubu and his government cannot deny being unbiased in this imbroglio. The text of the emergency declaration said it all. It seems the piece was supervised by Nyesom Wike himself. It virtually concealed his own fault lines, arrogance and militancy in the entire debacle while taking many swipes and laying the whole blame at the door step of the governor.
Responding to the state of emergency, the ex-governor Fubara, said, I address you today with a deep sense of responsibility and calm, as we navigate this unfortunate moment in our state’s political history. Since assuming office as your Governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty… Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else. At this critical time, I urge all Rivers people to remain peaceful and law-abiding. We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive. We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.
As Rivers State navigates through this turbulent political phase in her checkered history, the actions taken by individuals, state and federal governments is crucial in determining the future trajectory of democracy in the entire south-south region and Nigeria. Even though the political fist-cuff between both Wike and Fubara is very disturbing and had taking a new turn for the worse, nobody expected a rash decision from the federal government. Deploying the military to supposedly restore democratic order is in itself an aberration and a threat to the foundations of democracy.
Sunday Onyemaechi Eze is a lecturer, Department of Mass Communication and Head, Internationalisation and Partnership, Coal City University, Enugu