Can state of emergency be declared in Rivers without suspending Fubara, lawmaker? Lawyer reacts

• President Bola Tinubu's declaration of a state of emergency in Rivers has continued to generate reactions from concerned Nigerians
• Titilope Anifowoshe, a legal practitioner, in an interview with Legit.ng, opined that the president's action was to protect Nigeria's economy
• She further explained that the suspension of Governor Siminalayi Fubara and the lawmakers was to allow the emergency rule to be effective and restor peace in the state

Titilope Anifowoshe, a legal practitioner, in an interview with Legit.ng, explained that President Bola Tinubu's declaration of a state of emergency in Rivers state was to protect Nigeria's economy. She also posited that there was no how the state of emergency would have been effective if the governor remained in office.

The political crisis rocking Rivers State led to the declaration of a state of emergency by President Bola Tinubu and the subsequent suspension of Governor Siminalayi Fubara.

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Those involved in Rivers political crisis

The crisis, which was between the governor and his predecessor, who was now the minister of the Federal Capital Territory (FCT), Nyesom Wike, started barely six months after the former resumed the office of leadership in the state.

Wike and Fubara have been said to be fighting over the control of the political structure in the state. This development saw the majority of lawmakers making moves to impeach Governor Siminalayi Fubara.

Following the burning of pipelines in the state, President Tinubu announced the suspension of the governor and the lawmakers. The action of the president has been criticised by some concerned Nigerians, including some governors. Below is the list of the governors who have criticised Tinubu.

What Titilope Anifowoshe said on Rivers crisis

While many Nigerians have shared their views about the development in Rivers state, Anifowoshe maintained that the president stopped the crisis from affecting Nigeria's economy and wondered why the state of emergency would have been effective without the suspension of the governor. Her words read:

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"Rivers State holds immense significance as the heartbeat of Nigeria’s oil and gas industry. Its vast contributions to the nation's crude oil and natural gas reserves make it an economic linchpin. Without the smooth operation of Rivers State, Nigeria's economic stability is at risk. Given that Nigeria's 2025 budget relies heavily on oil production, targeting 2.06 million barrels per day (bpd) to fund a N54.99 trillion budget. Rivers State is crucial to achieving these economic goals.

"The legal framework surrounding the state of emergency is complex. Section 305(6) of the 1999 Constitution mandates that any proclamation of a state of emergency by the President must be approved by the National Assembly within a specified timeframe. The President is empowered to take "such measures as appear to him to be necessary or expedient" to restore peace and security. This provision introduces a degree of flexibility but also invites controversy regarding the limits of presidential power.

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"The question now is: could a state of emergency be declared in Rivers State without suspending the Governor and the Assembly? A state of emergency aims to restore order and stability, but its execution must carefully balance the need for decisive action with respect for democratic principles. The situation is further complicated by the ongoing conflict within the state’s legislative arm, which brings into focus whether suspending elected officials is truly the only viable option for maintaining peace."

Sins of Fubara that Tinubu mentioned

Legit.ng earlier reported that President Bola Tinubu finally suspended Governor Fubara, his deputy and the Rivers State House of Assembly following the political crisis rocking the state.

In a nationwide broadcast on Tuesday night, March 18, Tinubu pointed out three times the suspended governor abused the rule of law.

The president also recalled that he had made efforts to ensure a lasting peace but the parties involved have refused to comply.

Source: Legit.ng