In this interview by KUNLE ODEREMI, a lawyer, human rights activist and historian, Chief Niyi Aborisade speaks on issues pertaining to the emergency rule in Rivers State, that activities of the sole administrator since he assumed office, his attitude towards court rulings challenging his actions. Excepts:

MORE than one month down the line, what are your views on the proclamation of emergency rule in Rivers State so far?

Let me begin by making some remarks on the decision of the federal government to take this action. It is important to provide some useful background in order to put the issues in proper perspective and aid comprehension and understanding. You will recall that on 19 March 2025, President Bola Tinubu declared a state of emergency and appointed a sole administrator in Rivers State. He removed the democratically elected governor of the state, Simi Fubara, and suspended members of the State House of Assembly.

Tinubu cited an intelligence report seen only by himself and relied on Section 305 of the 1999 Constitution of the Federal Republic of Nigeria. Section 305 states, inter alia:

Subject to the provisions of this Constitution, the President may, by instrument published in the Official Gazette of the Government of the Federation, issue a proclamation of a state of emergency in the Federation or any part thereof;

The President shall, immediately after the publication, transmit copies of the Official Gazette of the Government of the Federation containing the proclamation, including the details of the emergency, to the President of the Senate and the Speaker of the House of Representatives, each of whom shall forthwith convene or arrange for a meeting of the House of which he is the President or Speaker, as the case may be, to consider the situation and decide whether or not to pass a resolution approving the proclamation;

The President shall have the power to issue a proclamation of a state of emergency only when: a. The Federation is at war; b. The Federation is in imminent danger of invasion or involvement in a state of war; c. There is an actual breakdown of public order and public safety in the Federation or any part thereof to such an extent as to require extraordinary measures to restore peace and security; d. There is a clear and present danger of an actual breakdown of public order or public safety in the Federation or any part thereof, requiring extraordinary measures to avert such danger; e. There is an occurrence or imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in the Federation; f. There is any other public danger which clearly constitutes a threat to the existence of the Federation; or g. The President receives a request to do so in accordance with the provisions of subsection (4) of this section.

So, how did those provisions set the grounds for the action of the president?

The President used the above provisions to declare a state of emergency and appointed a sole administrator to govern the state for at least six months. He appointed retired Vice Admiral Ibot Ekwe Ibas to fill the artificial vacancy he created. Of course, the action elicited mixed reactions from a broad spectrum of society. While some stakeholders in the state welcomed the pronouncement, many others frowned upon it, describing it as unconstitutional. Lawyers and members of other professional bodies have spoken on the matter.

However, we should remember that the small crisis in Rivers State was between the governor and the godfather of Rivers State politics, the former governor of the state, Nyesom Wike. The issue had been ongoing for almost two years without resolution between the elected governor and his estranged godfather. The matter reached a crescendo when, on 28 February 2025, the Supreme Court recognised the pro-Wike side of the House of Assembly in a written judgment. The returned members of the House of Assembly had also threatened to remove the governor should he fail to re-present the budget. There was a state of confusion but no imminent danger or threat of war in the state.

But President Bola Tinubu tried to broker peace between the warring camps at that stage, right?

Yes, I also recall that, at that stage, former President of Nigeria, Chief Olusegun Obasanjo, had advised Fubara on the best way to handle the situation and urged him to dissolve the House using his executive powers and other means. Tinubu moved quickly, ahead of the implementation of the constructive advice offered by Obasanjo.

The question on the lips of many Nigerians is: has the president acted in good faith?

To act in good faith and to listen to the other side of the story is a duty incumbent upon everyone who decides on any matter that affects the rights of others. Where others have power to decide on matters that affect the liberty of others, the rule of natural justice must be observed. The majority of Nigerians believe that the president, in declaring a state of emergency, has not acted in good faith. He has failed to listen to the other side of the story. Listening to the other side is central to fostering understanding, resolving conflicts, and building trust. It means being open, fair, honest, and actively engaging to understand different perspectives and respond to issues constructively.

He has taken a rigid approach and sided with Nyesom Wike, who is a minister in his cabinet. Wike has vowed to remove Fubara by all means, and he has largely succeeded, using other levels of authority to do the ?dirty job? for him, or to destroy the Peoples Democratic Party (PDP). It has also been suggested in some quarters that the president?s action is targeted against the opposition party, since Fubara is a PDP member and became governor on the platform of the PDP.

The period of sole administration is meant to calm frayed nerves and pave the way for the restoration of democratic structures within six months. The situation now is similar to when Nigeria?s first Prime Minister, Sir Abubakar Tafawa Balewa, declared a state of emergency in the Western Region in the 1960s. As a result of that unlawful declaration, Chief Obafemi Awolowo, leader of the Action Group, accused the Tafawa Balewa government of bias, with an intention to destroy the opposition and the welfare of the people of the Western Region. He accused him of abuse of power.

The Action Group was the party that won the election in the Western Region and formed the government there, but there were minor issues within the party, and the Prime Minister quickly seized the opportunity to declare a state of emergency. It eventually led to a serious crisis in Nigeria, which compelled the ?khaki boys? to topple the chaotic and repressive government of Tafawa Balewa. This led to a civil war, where millions of people died. That war could have been avoided if Tafawa Balewa had been more circumspect. The Nigerian people do not want that to happen again. The military should be confined to their barracks permanently. However, the government should not play into their hands the way Balewa did in the 60s. The unwarranted declaration of a state of emergency in Rivers State by President Tinubu is draconian and an abuse of power.

How do you rationalise the actions of the sole administrator since he came on board at the Government House, Port Harcourt?

That is an interesting question. The sole administrator immediately assumed power and planned to appoint administrators to all 23 local governments in the state. He was taken to court, and in an ex parte motion filed by the people, a Federal High Court judge ruled to restrain the sole administrator from doing so. The honourable judge then adjourned the substantive issue to April 2025.

However, typical of the military in Nigeria, whether ex or active, they do not take orders from a ?bloody civilian?, even if he is a judge. In flagrant disobedience of the rule of law, he went ahead and appointed the 23 local government administrators. This decision was an act of impunity of the highest order. He believes he is above the law that brought him to power. The courts in Nigeria are established by the 1999 Constitution, and court rulings or judgments are to be obeyed by all. The judiciary is the last hope of the common man, and when the courts are no longer obeyed, then we are inviting anarchy into our society.

What can be done to make Ibas fall in line?

The failure of the sole administrator to obey the court ruling amounts to contempt of court, and he should be tried accordingly. We are not in a military era where the rule of law is suspended. The president of Nigeria who appointed the sole administrator failed to inform the Nigerian people of the criteria or antecedents of the man to justify his appointment as the sole administrator of Rivers State. Perhaps his closeness with Wike is the reason behind it. The sole administrator has set a bad precedent in the country. Nigeria must rise together to condemn this act and demand his immediate removal.

We must always remind ourselves of the words of Albert Einstein: ?The world is a dangerous place to live in, not because of those who do evil, but because of those who watch and let it happen.? (Sunday Tribune)

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