The recent declaration of a state of emergency in Rivers State by President Bola Tinubu has sparked widespread condemnation, raising concerns about the erosion of democratic principles and the separation of powers in Nigeria.
On March 19, 2025, President Tinubu suspended Governor Siminalayi Fubara, his deputy, and the state legislature for six months, citing political instability and damage to oil pipelines. In their place, retired Vice Admiral Ibokette Ibas was appointed as the state’s administrator, with only the judiciary permitted to continue operations.
Controversial Precedent and Legal Concerns
The move has been widely criticized as unconstitutional. The Nigerian Bar Association (NBA), through its president Maazi Afam Osigwe, declared the action illegal, emphasizing that elected officials cannot be removed through a state of emergency. Legal experts argue that the conditions outlined in Section 305 of the Nigerian Constitution for declaring a state of emergency are not met in Rivers State.
Moreover, the Supreme Court has previously ruled against the removal of elected officials during emergencies, a precedent established during Dr. Goodluck Jonathan’s administration. In 2013, when Jonathan declared a state of emergency in three North-East states due to Boko Haram’s insurgency, the governors and legislators remained in office.
Selective Intervention Sparks Criticism
Critics question why Rivers State—a PDP stronghold and one of Nigeria’s wealthiest states—was targeted, while states grappling with insurgency and widespread insecurity remain unaffected. Some observers view the move as a strategy to weaken the opposition and pave the way for the APC ahead of the 2027 general election.
Compounding the controversy, Nyesom Wike, the Minister of the Federal Capital Territory and a key figure in the Rivers State crisis, has faced no reprimand despite allegations of political interference.
Legislative and Judicial Independence Under Threat
Concerns about the weakening of the legislature and judiciary have grown since the APC assumed power in 2015. Analysts argue that the National Assembly’s swift endorsement of the President’s action lacked transparency and failed to meet constitutional requirements, including the need for a two-thirds majority vote.
The opposition has also faced criticism for failing to resist the President’s actions. Despite not holding a supermajority, APC leaders reportedly pressured lawmakers to approve the emergency declaration without a formal vote count.
Democratic Erosion and Fears of Power Consolidation
Observers fear that recent events signal a broader authoritarian drift. Critics warn that if unchecked, these actions could set a dangerous precedent, increasing the likelihood of constitutional manipulation, including the possibility of a third-term bid by the President.
Reflecting on the situation, former President Goodluck Jonathan recently remarked, “No businessman will invest in a country where the judiciary is compromised, where a government functionary can dictate to judges what judgment they should give.”
With confidence in democratic institutions diminishing, many Nigerians are calling for President Tinubu and the APC to restore and uphold the rule of law and separation of powers, warning that the current trajectory poses an existential threat to the nation’s democratic future.