Ayo Oyoze Baje
” When brothers fight to death, a stranger inherits their father’s estate”. -Chinua Achebe
My dear reader, it would be recalled that over the past five decades, yours truly has severally warned our crop of political leaders- through opinion essays and discussions on radio and television stations’ programs- to always anchor their official decisions on the rule of law, as the grundnorm of our democratic process. Under no circumstance should they, therefore, condescend or bow to their whims and caprices, but be propelled by pro-people policies all in line with the larger picture of the national interest.
Unfortunately, the declaration of a state of emergency in Rivers state and worse still, the rash removal or call it sudden suspension of the state governor, Simi Fubara, the deputy governor, Ngozi Edu, and members of the state House of Assembly-all duly elected representatives of the people -by President Bola Tinubu on Tuesday, March 18, 2025, has blatantly violated Section 305 of the 1999 constitution, which he swore to, on oath to abide by its dictates. Though that section of the constitution, which he gleefully quoted to support his decision grants him power to declare a state of emergency in the state, it does not empower him to suspend them from office.
According to the National President of the Nigeria Bar Association, (NBA), Mazi Afam Osigwe there are strict conditions and procedural safeguards put in place to ensure that extraordinary measures do not infringe on democratic governance and fundamental human rights. But sadly, Mister President has violated the law, which spells out in Section 188 of the 1999 constitution what should be done before the removal of any elected politician from office. Similarly, Tinubu has removed the elected members of the Rivers State House of Assembly (HOA). Worse still, according to Dr. Reuben Abati, a former spokesperson to the then President Goodluck Jonathan, the president has appropriated unto himself the powers to make laws for the good people of Rivers state! That, to put it mildly, spells dictatorship under a so-called democratic dispensation. Abati stated so and goes further to explain that under Section 11 of the 1999 constitution, it is only the National Assembly that can make laws for the state HOA, under such circumstances. Perhaps, Tinubu should have learnt lessons from former President Goodluck Jonathan. So, what did he do?
According to the Attorney General of the Federation under his administration, Mohammed Bello Adoke, when Jonathan declared a state of emergency, specifically in the three embattled North-Eastern
states of Adamawa, Borno and Yobe due to the monstrous rampaging monster of insecurity he made sure that no state governor was removed from office. That was in 2013..He did so well aware that a state of emergency allows the federal government to take firm control of security and impose restrictions on movement in certain areas.
Shedding brighter light on what transpired in the past, Adoke explained that though the 1961 State of Emergency Act allowed the removal of premiers under a state of emergency, both the 1979 and 1999 constitutions made no room for the suspension of any duly elected governor, his deputy or the lawmakers. So, bluntly put what Tinubu has done is an aberration to the rules of law. The legal luminary and respected human rights lawyer, Liborous Oshoma is of that firm opinion as made public on Channels Television’s morning program. And Abati has described it as an impeachable offence! But how did this come about?
In spite of previous attempts to find a sustainable solution to the face-off between Governor Fubara and Nyesom Wike, the latter who got appointed as the Minister of the Federal Capital Territory, FCT Abuja on account of his open support for Tinubu’s presidency in 2023, the president has pitched tent with Wike. That is the one man who believes his political might is his legal right. After one court judgment after another, regarding the 27 lawmakers’ validity, the pendulum of the Supreme Court judgement which eventually swung in their favour triggered the shockwaves beneath Fubara’s governorship seat. With that Wike and his allies were ready to nail his political coffin. But it is legally obnoxious that Mister President has violated the constitution,all in the bid to satisfy the bold and brazen ambition of Wike to play the demi-god in the political drama as it unfolded, not minding the consequences to the traumatized people of Rivers state. That situation has set off some burning questions.
People are asking that if Tinubu could mediate in the Lagos state House of Assembly crisis, why could he not deploy similar political sagacity in that of Rivers state? Is it true that the root cause of the altercation between Fubara and Wike had to do with the former’s inability to meet the financial returns to the latter, as earlier agreed? Could it be true that it was Fubara’s traducers that are responsible for the hatchet job of the pipeline vandalism all in the bold bid to give a dog a bad name, by hanging him? Was it not in this same state that back on July 9, 2013, a lawmaker was hit severally on his head as a quarrel ensued between two rival political parties, and the video clip went viral on social media? It was one nauseating event that informed my opinion essay titled: ‘ Rivers of Shame and Jungle Democracy ‘ as published by different newspapers on August 2, 2013 and on page 242 of my book, ‘ Drumbeats of Democracy’.
Going forward, as recommended by the NBA the National Assembly should act with the desired dispatch to rein in the monster of illegality gradually taking over our political space. As it aptly described the suspension saga by Tinubu, ” it is illegal, unlawful and unconstitutional”. It should not be allowed to stand. Not at all!
All sides of the matter considered, with the unconstitutional suspension of Fubara and the people – elected politicians of the state coming soon after the illegal suspension of Senator Natasha Akpoti-Uduaghan Nigeria’s version of democracy has made a mockery of us as a people. The world is watching us. And this should serve as a moment for sober reflection on the part of our political leaders.
