A coalition of over 150 civil society organisations across the country has condemned the declaration of a state of emergency in Rivers State by President Bola Tinubu, in which the elected officials in the state, including Simiilayi Fubara, his deputy, Ngozi Odu, and the members of the State House of Assembly,

The Civil Society released a statement on March 21, 2025, under the hashtag #fixpolitics, describing the executive action taken by the President in Rivers State as a violation of Nigeria’s constitutional order. 

On Tuesday, in a live broadcast, President Tinubu declared a state of emergency in Rivers State and announced the suspension of elected public officials, relying on Section 305 of the 1999 Constitution, as amended. The President, in his speech, alluded to the protracted breach of security and abandonment of constitutional governance as a justification for his action.

He also nominated Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the people of Rivers State, adding that this declaration did not stop the activities of the judicial arm of the state. 

The proclamation stemmed from the prolonged political tussle between the suspended Governor of the state, Siminalayi Fubara, and his predecessor, the Minister of the Federal Capital Territory, Nyesome Wike, which led to political tension in the state. 

On Thursday, the two chambers of the National Assembly, constituting the Senate and House of Representatives, approved the declaration of a state of emergency in the state, made by President Bola Tinubu, despite objections from the members of the public. 

Addressing the situation, the civil society organisations stressed that, while the president has the prerogative to make such a declaration, they insisted that President Tinubu ignore his limitation, which is to get the legislative arm of government involved in the decision. They maintained that the decision reflected an abuse of power.

“We unequivocally condemn President Bola Ahmed Tinubu’s declaration of a state of emergency in Rivers State and the subsequent removal of the democratically elected Governor, deputy governor, and members of the State House of Assembly for six months, in the first instance, according to him. These actions constitute an executive coup against the people of Rivers State, a flagrant abuse of executive power, a violation of Nigeria’s constitutional order, and an undermining of democracy.

“We agree that it is the prerogative of the President of Nigeria to declare a state of emergency and that the President can exercise that legal authority to make such a declaration under specific conditions as outlined in the Constitution. However, this power is not absolute; it is subject to legislative oversight and judicial review to prevent abuse. Contrary to the Constitution, we have witnessed abuse of power, disregard of due process, and the violation of democratic principles with the President’s imposition of a State of Emergency and appointment of an unconstitutional Administrator in Rivers State and the National Assembly’s complicity in ratifying unconstitutionality. This is a travesty of the rule of law and contrary to the Constitution of the Federal Republic of Nigeria,” the non-governmental organisations stressed.
 
They also referred the President to some provisions of the constitution that indicated his declaration as an “Abuse of Presidential Prerogative (Section 305, 1999 Constitution). 

While the President has the legal authority to declare a state of emergency under Section 305 of the 1999 Constitution (as amended), this power is not a blank cheque for dictatorship. 

“The sequence of events, including the pipeline explosions (which are now doubtful) and the impeachment proceedings against the Governor, makes the call for the state of emergency suspicious. 

“Unconstitutional & Opaque Actions of the National Assembly: Section 305(2) requires that any proclamation for a state of emergency be submitted to the National Assembly for approval within two days (or ten days if the Assembly is not in session), without which the emergency ceases to have effect. The Constitution requires two-thirds of each chamber of the National Assembly to ratify the order. This means 73 out of 109 senators and 240 out of 360 members of the House of Representatives.

“Yesterday, the House of Representatives approved the State of Emergency by voice vote. While a member raised a point of order from the floor, he was silenced. The Senate held an executive session behind closed doors. How can citizens ensure the provisions of the Constitution are followed? 

The presidency made matters worse by applauding the clear desecration of the Nigerian Constitution. The judiciary must immediately strike down this blatant violation of Nigeria’s constitutional democracy.

“Illegitimate Removal of Elected Officials (Section 188 and Federalism Provisions)

 The Constitution does not support the unilateral dismissal of Rivers State’s elected leaders, which is an egregious violation of Nigeria’s federal structure. Section 188 sets out the due process for the removal of a governor, which requires due process, legislative inquiry, and judicial oversight. No such process occurred. Chapters VI and VII protect the autonomy of state governments within Nigeria’s federal structure. 

The President’s actions set a dangerous precedent. If left, they would set the stage for the arbitrary dismissal of any state government at the President’s whim, rendering Nigeria’s democracy and people’s mandate meaningless. The President does not have the power to arbitrarily dismiss elected state officials. All Nigerians must resist his dictatorial and illegal actions.

As a result, the organisations demanded:

“Immediate Reversal”

We demand an immediate reversal of the unconstitutional removal of the Governor, Deputy Governor, and House of Assembly members in Rivers State.
 
“Legislative Oversight: We call on members of the National Assembly who were not part of yesterday’s charade to speak up against the violation of the Constitution. We also call on Nigerians to make their displeasure known to their representatives. The National Assembly is the highest law-making body in the country, and they must not be allowed to get away with choosing which of Nigeria’s laws they want to obey.

“Judiciary Operating on Merit: There will be several lawsuits in the coming days, and we require the Judiciary to review each case on its merit and not rely on technicalities to dismiss the cases.

“Restoration of Constitutional Order: We urge all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State and ensure that any emergency measures are strictly in line with constitutional and democratic principles.

“Citizen’s Vigilance: We urge Nigerians to leverage available channels to demand a reversal of the State of Emergency in Rivers State and push for a functional democracy. Nigerians must not stay silent. We urge citizens to write their representatives, mobilise within their communities, and demand action through peaceful protests and other lawful means. History has shown that when unconstitutional acts like this go unchallenged, they become the norm. If Rivers is silenced today, no state is safe tomorrow,” the statement concluded.