Following the suspension of the elected officials in Rivers State, including Siminalayi Fubara and all the lawmakers, President Bola Tinubu has sworn in the sole administrator of the state, Vice Admiral Ibok-Étè Ibas (retd.), into office on Wednesday. The development despite the Senate’s decision to postpone its decision on yesterday’s declaration.

The event took place at the Presidential Villa in Abuja and was witnessed by key government officials who were in attendance. They include Chief of Staff, Femi Gbajabiamila; Attorney-General of the Federation Lateef Fagbemi, SAN; and Presidential Principal Secretary, Hakeem Muri-Okunola.

The President suspended the elected officials in the state in a live broadcast yesterday night as a decisive action to address the prolonged political tussle and tension in the state. He further cited Section 305 of the 1999 Constitution, as amended; he alluded to the protracted breach of security and abandonment of constitutional governance as a justification for his action.

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

The retired Vice Admiral had once served as the Chief of Naval Staff from 2015 to 2021 before handing over to A. Z. Gambo in 2021. After his retirement, he was appointed as an ambassador to Ghana by former President Muhammadu in 2022. Later in that year, he was conferred with the national honour of Commander of the Order of the Federal Republic (CFR).

However, many well-meaning Nigerians, civil society organisations, and legal experts have criticised the President’s decision to suspend the elected public official, describing it as an affront to the law and the tenets of a democratic government in the country.

In a statement issued by its president, Mazi Afam Osigwe, the Nigerian Bar Association, for example, stated that the president can only declare a state of emergency if the National Assembly approves the resolution of the action within two days of the National Assembly’s session or ten days of its reconvening when it is not in session.

As a result, federal lawmakers are expected to make a decision on the development today. However, the Senate decided to postpone its decision on approving the declaration of a state of emergency due to the absence of some lawmakers, as the motion required a two-thirds majority to pass.

Moving the motion to address the approval of the President’s decision on the declaration of a state of emergency in Rivers State, the majority leader of the senate, Opeyemi Bamidele, expressed worries over the dangers and crises some militants have threatened in the state.

He called on his colleagues “to provide adequate and extraordinary measures to restore good governance, peace, order, and security in Rivers State,” the motion read in part.

But with the Senate’s decision to stall the approval of the President’s declaration of a state of emergency and the swearing-in of the sole administrator for Rivers State, it is raising a question of the legality of the action as the tenet of democracy requires.