Is State Of Emergency The Way Out Of Rivers Crisis? By Titilope Anifowoshe
Editor's note: In this piece, Lawyer Titilope Anifowoshe analyses the escalating crisis in Rivers state, the constitutional questions surrounding the state of emergency, and its economic and security impact.
The political drama unfolding in Rivers state could easily be mistaken for a soap opera, yet it is a very real crisis that is affecting not just the state, but the entire nation. At the heart of this escalating conflict are Governor Sim Fubara, the reinstated members of the State House of Assembly, and the influential minister, Nyesom Wike. These key figures, once allies, are now deeply embroiled in a fierce power struggle, and the outcome of this battle has far-reaching consequences.
Source: Twitter
Last week, I wrote about the need for caution and wisdom in Rivers. But unfortunately what began as a political disagreement has now spiraled into a full-blown security and economic crisis. The Supreme Court’s recent ruling was expected to resolve the matter, but instead, it seems to have added fuel to the fire. Tensions have risen to the point where impeachment plots against Governor Fubara are resurfacing, echoing the same disruptive actions that led to the arson, demolition of the Assembly complex, mass defections, and a wave of court cases. This is no longer a simple political dispute; it has become a dangerous mix of lawlessness, violence, and a growing sense of instability.
And just when we thought things could not get worse, the Niger Delta Ground Fighters, a militant group, have threatened to attack critical oil pipelines in response to the Supreme Court ruling. This threat is not just a political or legal issue; it is now an economic and security issue that could have devastating consequences for the nation, considering the central role oil plays in Nigeria's economy. The situation in Rivers state has rapidly become a political war zone, where both the state’s governance and national security are under direct threat.
Rivers state is such a big deal. It is the heartbeat of Nigeria’s oil and gas industry. Rivers state contributes a massive chunk of Nigeria’s crude oil and natural gas reserves, which, in reality, is the lifeblood of our economy. Without Rivers state functioning smoothly, Nigeria’s economic stability is on shaky ground. Nigeria’s 2025 budget is banking heavily on oil production. We are talking about a production target of 2.06 million barrels per day (bpd) to fund the N54.99 trillion budget. But guess what? Production has already dropped to 1.4 million bpd, and with militants threatening to blow up pipelines, we could be looking at a further drop to 1 million bpd. That is a disaster waiting to happen for our foreign exchange earnings and overall economic health, as oil exports remain the primary source of our foreign revenue.
In the face of this escalating crisis, President Bola Tinubu's declaration of a state of emergency seems to be his response to the growing chaos. His decision comes after numerous failed attempts to mediate the conflict between Governor Fubara and the State Assembly members, as well as the increasingly inflammatory actions of Minister Nyesom Wike. Despite these efforts, the conflict has continued to spiral out of control, with militants now targeting vital oil infrastructure and political figures seemingly unwilling to seek a peaceful resolution.
This declaration of a state of emergency, while seemingly necessary, has stirred up significant debate. The legality and appropriateness of such a measure are questions that need serious consideration. Section 305 of the 1999 Constitution outlines the circumstances under which a state of emergency can be declared, but the specifics of this case have raised complex legal questions.
Let us take a closer look at the Constitution and break it down:
Section 305(3) allows the President to declare a state of emergency in cases like:
- Actual or imminent breakdown of public order and safety.
- Natural disasters or calamities.
- Any other public danger threatening the existence of the Federation.
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Section 305(4) adds that a state Governor can request a state of emergency with a resolution by 2/3rd majority of the State Assembly if the crisis is confined to their state, but the President can act if the Governor fails to do so within a reasonable time.
Section 305(6) states that the proclamation must be approved by the National Assembly within two days (if in session) or ten days (if not in session). If not approved, it lapses.
Now the question is: Does the Constitution allow the President to suspend an elected Governor and State Assembly? Importantly, the section does not explicitly give the President the authority to suspend elected officials, like a sitting Governor or the State Assembly, in a state of emergency. However, the 1999 Constitution which is the Supreme Law of Nigeria grants the President the power to take “such measures as appear to him to be necessary or expedient” to restore peace and security. This is where things get tricky and controversial.
With the legislative arm of Rivers state government deeply embroiled in the conflict, the question arises: what form of state of emergency could have been implemented without suspending the Governor and the State Assembly? A state of emergency typically aims to restore order and stability, but its execution must carefully balance the need for decisive action with respect for democratic institutions.
Prominent experts including the Nigerian Bar Association, argue that allowing the suspension of elected officials under emergency rule could set a dangerous precedent for political interference in state governance. However, the unrelenting crisis in Rivers state, characterised by defiance of the Supreme Court's rulings and the Constitution, calls for decisive action. The president's decision, while controversial, may be seen as a necessary measure to prevent further economic and security deterioration.
In this situation, the challenge lies in balancing the need for decisive action with respect for democratic principles and institutions. If I were in President Tinubu's shoes, I too would have declared a state of emergency. But my approach would be more nuanced. I would avoid singling out individuals like Governor Fubara or Minister Wike in my public statement. Instead, I would focus on the broader need for national unity, emphasising that the crisis in Rivers state affects not just the state but the entire nation.
The situation in Rivers state is not merely a local issue; it is a national crisis that demands the faith and cooperation of all citizens. As the National Assembly deliberates on the president’s proclamation, the coming days will be pivotal. The outcome of these discussions will determine not just the future of Rivers state, but the direction in which Nigeria as a whole is headed.
As citizens, we must ask ourselves: How can we navigate this crisis? It is time to put the country first. We must learn to distinguish between personal ambitions, party politics, and the greater good of the nation. It is only when we collectively embrace a holistic perspective and put Nigeria above all else that we can begin to heal the divisions that threaten our future.
The next few days are crucial. Will we allow this crisis to continue spiralling into chaos, or will we come together as a nation to find a lasting solution? Whatever happens, one thing is certain; how we respond will define the future of Rivers state and Nigeria as a whole.
Titilope Anifowoshe is a Lawyer and Ambassador of Politics with Value
Contact: titilopeanny@gmail.com
Disclaimer: The views and opinions expressed here are those of the author and do not necessarily reflect the official policy or position of Legit.ng.
Titilope Anifowoshe is a legal practitioner, author, and development consultant. She is an advocate of politics with values and SDGs. She is the Founder and Executive Director of Eagles Foundation for Humanity, COO, of Citizens Hub and Co-Convener of For Citizens Alliance.
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Ololade Olatimehin (Editorial Assistant) Olatimehin Ololade is a seasoned communications expert with over 7 years of experience, skilled in content creation, team leadership, and strategic communications, with a proven track record of success in driving engagement and growth. Spearheaded editorial operations, earning two promotions within 2 years (Giantability Media Network). Currently an Editorial Assistant at Legit.ng, covering experts' exclusive comments. Contact me at Olatimehin.ololade@corp.legit.ng or +234 802 533 3205.
Titilope Anifowoshe (Lawyer) Titilope Anifowoshe is a legal practitioner, author, and development consultant. She is an advocate of politics with values and SDGs. She is the Founder and Executive Director of Eagles Foundation for Humanity, COO, Citizens Hub and Co-Convener of For Citizens Alliance.
