Rivers Crisis: Lawyer Condemns Emergency Rule, Calls Governor’s Suspension An Abuse of Power
Legal practitioner and political analyst, Maruf Mohammed, has condemned the declaration of a state of emergency in Rivers State, arguing that it is unnecessary and violates constitutional provisions.
Speaking during OSUN DEFENDER’s weekly Twitter Space on Friday, Mohammed acknowledged the recurring political tensions in Rivers but insisted that the situation does not meet the constitutional conditions for a state of emergency.
Citing Section 305(3) of the 1999 Constitution, he explained that the President can only declare a state of emergency under specific conditions, such as war or imminent invasion, a breakdown of public order beyond police control, a natural disaster or public health emergency, or any other threat that endangers national stability.
“The provisions of Section 305 are clear and unambiguous,” he stated.
“The law follows the literal rule of interpretation, meaning it must be applied as written. Unless its interpretation would result in a miscarriage of justice, there is no need for any modification. The Rivers situation does not fall under these conditions.”
OSUN DEFENDER recalls that on Tuesday, President Tinubu declared a state of emergency in Rivers, suspending Governor Siminalayi Fubara, his deputy Ngozi Odu, and all elected members of the State House of Assembly for six months.
He also appointed retired Vice Admiral Ibok-ete Ibas as the Sole Administrator of the state, a move that has sparked controversy and legal debates.
Governor’s Suspension a “Misuse of Power”
While criticising the state of emergency, Mohammed argued that the suspension of Governor Fubara, his deputy, and state lawmakers was a misuse of political power.
“An elected President cannot suspend an elected Governor,” he said.
“There is no constitutional provision that empowers the President to remove a sitting Governor and other elected officials in a state.”
He further stressed that such a move undermines democracy and could set a dangerous precedent for executive overreach.
Mohammed also faulted the manner in which the state of emergency was implemented, stressing that the National Assembly should have been fully involved in such a critical decision.
“A decision of this magnitude should have gone through a rigorous legislative process,” he said.
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“The National Assembly is responsible for ensuring checks and balances on the actions and policies of the executive arm of government, led by President Bola Ahmed Tinubu.
“I expected the bill to be presented to the National Assembly and thoroughly debated by members of the Senate and the House of Representatives.
“The first question that should have been addressed is whether the political crisis in Rivers State was severe enough to justify a state of emergency.”
Supreme Court Must Intervene
When asked whether litigation could resolve the crisis, Mohammed said a Supreme Court ruling was necessary to determine whether the President has the authority to suspend a sitting Governor, Deputy Governor, and state lawmakers.
“There needs to be a Supreme Court pronouncement on whether the President of Nigeria has the right to suspend a sitting Governor, Deputy Governor, and members of a State House of Assembly.
“It is also expected that the Governor will approach the court for a proper interpretation of Section 305 of the Constitution.
“The Supreme Court of Nigeria is the final authority on legal matters, and its decisions are binding. However, this does not mean the Supreme Court is infallible.”
He urged legal and constitutional experts to push for clarity on executive powers in emergency situations to prevent future misuse.
Rejects Calls for a State of Emergency in Osun
Mohammed also criticised recent calls by APC National Secretary, Senator Ajibola Basiru, and some APC members for a state of emergency in Osun State, citing local government disputes and renewed communal clashes.
The crisis escalated on Friday, leading to 30 people being shot and three fatalities, with tensions running high.
Despite the unrest, Mohammed insisted that Osun does not meet the constitutional threshold for a state of emergency.
“The demand is ill-fated, politically motivated, and a desperate attempt to wrest power from Governor Ademola Adeleke through the backdoor,” he said.
“Osun hasn’t reached a level where a state of emergency is necessary. The local government crisis has been managed effectively by the Governor, and the communal clashes appear politically sponsored to destabilise his administration.”
Need for Constitutional Clarity
Mohammed warned that if left unchecked, these moves could set a dangerous precedent where the President could remove elected Governors at will.
He called for constitutional amendments to explicitly define the limits of executive power during emergencies.
“If we need a constitutional amendment to prevent future abuse of power, then these issues must be thoroughly debated and properly addressed,” he concluded.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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