Last week’s inauguration of a 21-man committee of the House of Representatives to legislate for Rivers state came on the heels of the suspension of Governor Siminalayi, his deputy and the state’s legislators. President Bola Ahmed Tinubu had declared a state of emergency in the state over the rising tension and threat of breakdown of law and order on Tuesday, March 18, 2025. The inauguration of the committee has been publicly deemed as appropriate and in conformity with the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Amidst the cacophony of voices that trailed the appointment of a sole administration by the president, the declaration of state of emergency was met with criticism, with groups like the Nigerian Bar Association (NBA) dismissing the action as an illegal and cannot be allowed to stand. The NBA also faulting the president’s reason for his action, which included rising political tension and vandalisation of pipelines and critical national infrastructure, among others.
Drawing attention of the president to the provisions of Section 305 of the constitution that must be met before any proclamation of a state of emergency, the body of lawyers noted: “Section 305 of the Constitution indeed vests the president with the power to declare a state of emergency; the section stipulates strict conditions and procedural safeguards that must be followed to ensure that such extraordinary measures do not infringe democratic governance and fundamental human rights”.
The NBA also declared it was gravely concerned about the suspension of the Rivers state governor, the deputy governor, and the members of the Rivers State House of Assembly for six months, insisting that: “The 1999 Constitution does not grant the president the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency. Rather, the constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188. Similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws, none of which appear to have been adhered to in the present circumstances.
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The constitution does not empower the president to unilaterally remove or replace elected officials—such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure”.
However, the National Assembly against the expectations of the NBA and other anti- emergency groups, went ahead to approve Tinubu’s state of emergency in Rivers state. The federal lawmakers agreed with the president that there was no option than to impose a state of emergency in order to stave off further breakdown of law and order. Following the National Assembly’s approval of emergency rule in Rivers, the House of Representatives inaugurated an ad-hoc committee to oversee the affairs of the sole administrator, Vice Admiral Ibok-Ete Ekwe Ibas (retd), as well as legislate for the state in the absence of the state’s lawmakers.
The panel, according to Speaker Tajudeen Abbas, is expected to play the role of a legislative body for Rivers as enshrined in the nation’s constitution. The speaker said the inauguration of the committee is in compliance with the constitution. The inauguration of the ad-hoc committee is grounded in Section 11(4) of the constitution, which confers upon the National Assembly, the authority to make laws for any state whose elected legislative body is unable to perform its statutory functions.
“Accordingly, in response to the president’s declaration and in accordance with our constitutional duty, the Official Gazette of the State of Emergency was duly transmitted to both the House and Senate. On March 20, 2025, the chambers deliberated extensively and approved the president’s request with significant amendments designed to reinforce democratic safeguards and ensure robust oversight.
“It is paramount to note that the current administration in Rivers state is inherently temporary. With the suspension of the state governor, Siminalayi Fubara, and the entire House of Assembly, a caretaker administration has been installed under the stewardship of Rear Admiral Ibok-Ete Ekwe Ibas (retd.). His role is strictly circumscribed, as he is charged with maintaining law and order and ensuring that the basic functions of governance are met only until full democratic governance is restored”.
We welcome the inauguration of the 21-man panel to oversight the governance of Rivers state during the period of the emergency rule. Blueprint calls on the committee members to discharge their duties in the most transparent manner and in strict adherence to the constitution. Nigerians expect that the Rivers state ad-hoc committee shall not spare any effort to focus on the affairs of the state under the sole administrator in the interest of the people of Rivers state.