Connect with us

Africa

Rivers State Political Crisis: President Tinubu’s Undemocratic Declaration and the Need for Constitutional Order -By John Oyebanji

As the leader of a democratic nation, President Tinubu must act as a fair and neutral father figure, not as an interested party and a political enforcer for his allies. Anything less than adopting a balanced and lawful approach pushes Nigeria further down a dangerous path, one that undermines our democracy and sets a dangerous precedent for future administrations, where constitutional democracy is replaced by executive overreach. If history has taught us anything, it is that such actions always have consequences.

Published

on

Wike-and-Fubara
The ongoing political turmoil in Rivers State has taken a dangerous turn, culminating in President Bola Ahmed Tinubu’s declaration of a State of Emergency and the appointment of a Military Administrator to govern the state. This decision, which is undoubtedly controversial, oversteps constitutional boundaries, signals a troubling precedent for Nigeria’s democracy.
I had planned to discuss my position on this matter on “The Conversation”, a weekly political and current affairs program on Ogunsua 97.7FM, scheduled for this evening. However, the program was abruptly canceled for reasons best known to certain powerful figures. Perhaps, some fear that speaking the truth may be too uncomfortable.
An Obvious Bias in the Crisis
It is no secret that the President has taken a clear side in the Rivers State political impasse, backing his ally, FCT Minister Nyesom Wike, despite his role as the aggressor in the crisis. Contrary to media manipulations, no agreements made during the initial reconciliation meeting with the President were violated, except by Wike and his loyalists in the State House of Assembly. Their disregard for the President’s proposed resolution led to the Supreme Court case, which the President then used as a pretext for his unconstitutional declaration.
That said, was Governor Siminalayi Fubara also wrong in certain aspects? Yes, he made his own missteps. But does that justify the President’s overreach? Absolutely not.
For context, the Nigerian Constitution (Section 305) does grant the President the power to declare a State of Emergency without prior approval from the National Assembly, but must seek their endorsements within 2–10 days, depending on whether they are in session or not. However, this power is limited to specific situations: War or imminent danger of invasion; Actual or imminent breakdown of law and order; Natural disaster or public calamity; Any public danger threatening the nation’s existence; and a request from a State Governor approved by a two-thirds majority of the State Assembly
The crucial question is: Does the situation in Rivers State meet any of these conditions? Is there an actual war in Rivers? Has the crisis overwhelmed the Nigerian Police and Military to the point where only a State of Emergency could restore order? The honest answer is NO. If the President truly believes otherwise, why do terrorist-controlled regions in other states remain untouched by similar emergency declarations? Why Rivers?
The Emergency Powers Act of 1963, which once allowed the President to suspend elected Governors and Local Government Chairmen, has long been repealed. There is no legal framework today that grants the President the authority to suspend a Governor elected by the people.
Furthermore, a careful combined reading of Sections 188, 189, and 306 of the 1999 Constitution (as amended) outlines only three ways to remove a Governor: Resignation, Impeachment by the State Assembly, or Death, not by presidential decree. Nowhere does the Constitution grant the President the power to unilaterally suspend a Governor. The principle of expressio unius est exclusio alterius (the express mention of one thing excludes others) applies here, meaning that if the Constitution does not explicitly permit a certain action, then it is not allowed.
Using former President Olusegun Obasanjo’s illegal actions in Ekiti and Plateau States as justification for Tinubu’s move is deeply flawed. Illegality cannot justify illegality. Obasanjo was wrong, Tinubu is equally wrong. Two wrongs do not make a right.
A careful reading of Part III of the Constitution, which deals with the administration of an emergency area, explicitly states that the Governor of the affected state shall continue to perform general administrative functions under the control of the President or his designated representative. This means that even under a State of Emergency, the Governor remains in office and is not to be replaced by an unelected military administrator. President Tinubu’s actions are unconstitutional and beyond his powers.

What Must Be Done Now

President Tinubu must immediately rescind this illegal decision, not only the suspension of the Governor, Deputy Governor, and members of the House of Assembly, but also the appointment of a Sole Administrator, as it is a direct violation of the Constitution. Instead of enforcing unconstitutional actions, he should direct the Nigerian Police and Military to focus on securing the entire state, not just government properties, to prevent further escalation of violence. A curfew may be considered if necessary, but only as a short-term security measure, ensuring public safety without overreaching constitutional boundaries. The President should reconvene talks with relevant stakeholders, including traditional rulers, political leaders, and civil society groups, to find a genuine and lasting resolution.
As the leader of a democratic nation, President Tinubu must act as a fair and neutral father figure, not as an interested party and a political enforcer for his allies. Anything less than adopting a balanced and lawful approach pushes Nigeria further down a dangerous path, one that undermines our democracy and sets a dangerous precedent for future administrations, where constitutional democracy is replaced by executive overreach. If history has taught us anything, it is that such actions always have consequences.
John Oyebanji is a Public Affairs Analyst, Media/PR Specialist, Educational Administrator, and Clergy, among many other things he represents. He writes from Modakeke, Osun State, and can be reached via thejohnoyebanji@gmail.com
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Trending Contents

Topical Issues

Forgotten Dairies8 hours ago

Babangida at 85: Separating Fact From Fiction In Nigeria’s Crisis Years -By Edwin Uhara

I believe that instead of vilifying a particular leader who did his best for the good of the nation with...

Remi Tinubu Remi Tinubu
Breaking News12 hours ago

Federal Government Unveils $1bn HOPE-SP to Lift Vulnerable Nigerians Out of Poverty

FG launches the $1bn HOPE-SP programme alongside new initiatives aimed at reducing poverty, strengthening social protection and empowering vulnerable Nigerians.

Atiku Abubakar Atiku Abubakar
Breaking News13 hours ago

Atiku Rejects Aide’s Subsidy Remarks, Says He Will Restore Fuel Subsidy

Former Vice President Atiku Abubakar says his position on fuel subsidy has not changed and promises to restore relief for...

Global Issues17 hours ago

Dolly Parton: The Mountain Girl Who Touched the World -By Patrick Iwelunmor

Music gave her a voice. The world gave her a platform. But she chose what to do with that platform,...

VeryDarkMan VeryDarkMan
Forgotten Dairies19 hours ago

NBA AGC 2026 And VDM’s Claims: Free Speech Must Not Replace Evidence -By Adewole Kehinde

The fight against insecurity requires courage, but it also requires accuracy. Nigeria needs activists who will ask difficult questions, security...

Yilwatda Yilwatda
Breaking News20 hours ago

2027 Elections: APC Chairman Visits Emir Sanusi, Seeks Palace Backing in Kano

APC Chairman Nentawe Yilwatda visits Emir Sanusi in Kano, with a palace source saying the meeting focused on the 2027...

Umar Sa'ad Hassan Umar Sa'ad Hassan
National Issues1 day ago

Sorry Atiku, We Don’t Need Fuel Subsidy -By Umar Sa’ad Hassan

No doubt the merits of fuel subsidy removal far out-weigh its reinstatement.Governments are supposed to be performing optimally with much...

Tinubu and Trump Tinubu and Trump
Forgotten Dairies1 day ago

The FBI Files: Why Is Tinubu Scared Of His Past? -By Hajia Hadiza Mohammed

Many countries are warning their nationals not to come to Nigeria not just because of insecurity but other uncertainties associated...

Audu Bulama Bukarti Audu Bulama Bukarti
Breaking News1 day ago

Terror Financing: Nigerian Terrorists Turn to Telegram, Instagram, Remittance Platforms — Bukarti

Security analyst Bulama Bukarti says terrorists in Nigeria are exploiting Telegram, Instagram and remittance platforms to raise and transfer funds.

Travelling-by-road-in-Nigeria Travelling-by-road-in-Nigeria
Breaking News1 day ago

Benin-Asaba Road Nightmare: Travellers Stranded for Days as Umahi Blames Concessionaire

Motorists and passengers spend days trapped on the Benin-Asaba road as Works Minister David Umahi blasts BAECC and orders a...