● Peter Obi says decision reckless, seeks NASS override
24 hours is gone and there are 24 more to go for the National Assembly to endorse or nullify President Bola Tinubu’s declaration of a state of emergency in Rivers State, which governor, Mr. Similaya Fubara, has called for calm over his six months suspension.
He spoke as the 2023 Presidential flag bearer of the Labour Party, Mr. Peter Obi, condemned the unilateral decision of Tinubu to remove him from office.
In the House of Representatives, there were reports that it was impossible for the gazette of the emergency rule to pass because there were only about 80 members available, instead of the required one third (120) to form a sitting quorum. Even then two thirds of members (240) are needed to endorse the emergency rule.
In the Senate, even though a communication from the President was meant to be the first order of the day, evidently because members were not sufficient enough to meet the required two third needed for an approval, the order was moved to the afternoon. Even then, the Senate could still not take it.
It is expected that the lobbying of members will go into overdrive through the night to get them to play ball with the presidency.
On social media and the public space, many commentators have concluded nothing good to save Fubara could come from the lawmakers, amid whispers that members kept away to frustrate the passage of the proclamation.
But Thursday is another day, the second required day before the endorsement of lawmakers could be got for the state of emergency to stand.The law gives 48 hours of sitting days before an emergency rule proclamation can stand.
Nevertheless, President Bola Tinubu has gone ahead to formally brief and inaugurate a former chief of naval staff, Ibok-ette Ibas, as sole administrator of the troubled state for the six-month emergency rule. Rivers State Governor Similaya Fubara, his deputy and the State House of Assembly were suspended for six months on Tuesday
While declaring the emergency rule in Rivers, Tinubu had said: “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.”
A former governor of Rivers State described the suspension of Fubara as a brazen attempt at power grab in a statement titled ‘My Immediate Reaction To The Undemocratic, Unconstitutional, Suspension Of Elected State Officials In Rivers State’ and obtained by The PUNCH.
The statement reads, “Unequivocally, I condemn the rather brazen and unilaterally reckless suspension and removal of the Governor of Rivers State, the Deputy Governor of Rivers State and members of the Rivers State House of Assembly by the President of the Federal Republic of Nigeria, Asiwaju Bola Ahmed Tinubu.
“With this singular move, Mr President has technically suspended and truncated democracy in Rivers State. This clearly violates our Constitution, the same Constitution of the Federal Republic of Nigeria that Mr. President swore to uphold.
“Section 188 of the Nigeria Constitution clearly stipulates how a State Governor can be removed from office. And it does not include a fiat declaration, decree or promulgation by Mr. President. Therefore, he cannot appropriate such powers to himself.
“A democratically elected State Governor cannot be removed from office by a proclamation of Mr. President. The suspension of two key democratically elected arms of Government in Rivers State by Mr. President evidently violates our Constitution, even within the scope and interpretation of Section 305 that the President cited in his broadcast.
“The unlawful suspension of elected democratic institutions in my dear Rivers State points to a brazen attempt at power grab in the State by forces and persons who do not have such Constitutional powers. The unfolding events in Rivers State in the past months points to a clear orchestrated plot by some persons to unconstitutionally perpetrate and impose themselves on the people.
“At this inauspicious moment in our nation’s trajectory, all people of goodwill and conscience should rise to oppose this audacious violation of our Constitution and rape of our democracy. Mr President must be made to know and understand in unmistakable terms that this illegality cannot stand.”
“Politicians across divides should speak up; rise to halt our nation’s descent into totalitarianism. State Governors and Legislators should speak up now. I urge the National Assembly to reject this illegality.
“As a former State Governor and Chairman of Nigeria Governors Forum (NGF), I am not unaware of the role elected Governors in the country can play to halt this descent and reverse the unlawful actions of Mr. President. I commend the Governors who have spoken against the unlawful suspension.
“The suspension is a very dangerous affront to Nigeria’s Constitution and democracy.”
Among many other commentators and lawyers that have condemned the presidential action, Peter Obi said that the action is reckless and capable of fostering a culture of Impunity that can undermine our democracy. He called on the National Assembly to void the action.
Writing on his X handle on Wednesday, Obi said, “The unilateral decision of President Bola Tinubu to remove Governor Similaya Fubara of Rivers State from office is not only unconstitutional but also reckless. It has plunged us back into a state of lawlessness, hugely undoing the progress we have made in these 26 years of democratic journey.
“By disregarding the rule of law, the President has shown a dangerous willingness to trample on democracy. The declaration of a state of emergency in Rivers State is not just reckless—it is a clear attempt to return us to a state of nature and tighten its grip on power at all costs.
“The situation does not justify such an extreme measure, and it’s also a biased interpretation of section 305(1) of the 1999 constitution. A state of emergency does not mean an elected Governor can be removed unilaterally. This decision does not align with democratic norms or good governance. Instead, it appears to be a predetermined action serving specific interests rather than the collective good of the people of Rivers State and Nigeria.
“This action constitutes an unconstitutional overreach, setting a dangerous precedent that threatens democracy, the rule of law, and the separation of powers. If left unchecked, it could foster a culture of impunity.
“Having already been grappling with non-adherence to electoral qualifications, rules, and massive rigging, adding arbitrary removal of elected officials will push us to a state of nature and anarchy.
“I appeal to the National Assembly and all stakeholders not to allow this to stand, as it only deepens the culture of impunity and brigand already threatening our democracy.”
Meanwhile, Fubara, in his first public comment on the President’s action, called for calm in the State.
Mr Fubara made the remark in an address to the people of the state on Tuesday in Port Harcourt after the pronouncement of emergency rule on the state by President Bola Tinubu.
He said that his administration had been guided by “his constitutional oath of office and a great sense of duty” since his assumption of office as the Governor of Rivers.
Mr Fubara said that he had prioritised the protection of lives and property and ensured the continuous progress of the state.
“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.
“This was why, immediately after Mr President’s intervention to broker peace, we did not hesitate to implement the agreed terms in good faith, including welcoming back commissioners who had previously resigned on their own volition.
According to him, they moved swiftly to comply with the Supreme Court’s judgement immediately he received the certified true copy of the judgement to return the state to normalcy.
He stated that these steps were taken not for personal gains but to foster peace, unity and stability in our dear state.
“Unfortunately, at every turn, members of the Rivers State House of Assembly frustrated our efforts, thus making genuine peace and progress difficult,” he explained.
He expressed that the priorities of his administration remained the security of lives and property and advancing the well-being and prosperity of Rivers people.
Mr Fubara noted that though there was political disagreements in the state, good governance had continued, salaries were being paid, and great projects executed to move the state forward.
He stated that in all, the state was safe, secured and peaceful under his watch.
Mr Fubara said that Rivers people had always been resilient people, and would continue to face the situation with wisdom, patience, and unwavering faith in the democratic process.
“We will engage with all relevant institutions to ensure that our democracy remains strong and the Rivers State continues to thrive,” Mr Fubara said.
Mr Tinubu on Tuesday declared a state of emergency for the state due to the unabated political crisis bedeviling the state.
He, however, appointed Vice Admiral Iboette Ibas to administer the state after suspending Gov. Siminalaye Fubara and his Deputy, Mrs Ngozi Odu as well as the elected members of the state Assembly.
● Additional report by NAN.