•Tinubu
A former Senate President and Chairman of the Board of Trustees of the Peoples Democratic Party, Adolphus Wabara, yesterday, faulted President Bola Tinubu’s decision to declare a state of emergency in Rivers State.
In a strongly worded statement yesterday, Wabara insisted that Tinubu’s actions violated the fundamental principles of Nigeria’s Constitution and called for immediate reversal.
The development comes as the Socio-Economic Rights and Accountability Project filed a lawsuit against Tinubu, challenging the legality of his decision.
The President, on Tuesday, March 18, 2025, slammed the state of emergency in Rivers State and suspended Governor Siminalayi Fubara, Deputy Governor, Prof Ngozi Odu and members of the state House of Assembly.
He also appointed a former Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas (retd.), as sole administrator for an initial period of six months, reports The PUNCH.
The proclamation was ratified by the National Assembly on Thursday.
Defending his action, the President insisted that the state was drifting toward anarchy due to the frosty relationship between Fubara and the Martin Amaewhule-led Assembly members loyal to the former governor and Minister of the Federal Capital Territory, Nyesom Wike.
Many Nigerians, including the opposition members and PDP governors, former President Goodluck Jonathan and the Nobel laureate, Prof Wole Soyinka, condemned what they termed an unconstitutional order in Rivers.
Wabara, in a statement he issued yesterday, described the decision as unconstitutional and a grave assault on democracy.
“This action is a gross violation of Nigeria’s Constitution, the foundational legal document that guarantees the rights of Nigerians to participate in the democratic process, and a direct assault on democracy and the rule of law.
“It is an attack on the very essence of our Republic. It’s an action that deserves the strongest condemnation and corrective action by all well-meaning Nigerians, the judiciary, civil society, and the international community.
“In my capacity as the Chairman of BoT of our great party, the PDP; and a former Senate President, I, Senator Adolphus Wabara, call for the reversal of this assault on our democracy.
“It’s sad and disheartening that Mr President ignored my earlier advice to ignore those calling for emergency rule in Rivers State,” he said.
He said the proclamation reminded Nigerians of the era of military dictatorship in the country.
“President Bola Tinubu’s action only reminded Nigerians of the better-forgotten era of military dictatorship.
“The people of Rivers State exercised their democratic rights in electing their leaders, including the governor, deputy governor, and members of the House of Assembly.
“These leaders were not appointed by the President or any other authority, but were chosen by the people to represent their interests,” he added.
Wabara said the president could only declare a state of emergency in specific circumstances such as war, insurrection, or other situations that threatened the integrity of the nation, adding that the situation in Rivers did not meet the constitutional criteria for such a declaration.
“The constitution does not empower the president to unilaterally remove or replace elected officials.
“Such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure.
“The president’s decision to replace democratically elected officials with an un-elected sole administrator is nothing short of a democratic travesty.
“It is a stark reminder of the fragility of our democratic institutions and the persistence of authoritarian tendencies by the President,” he added.
He condemned the National Assembly, which he advised must not be seen as a rubber stamp.
“They should engage Mr President and find a way to adopt a Doctrine of Necessity to salvage the situation and must defend our democracy and protect the rule of law,” he said.
In a suit brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal; and Gracious Eyoh–Sifumbukho, who are members of its Volunteers’ Lawyers Network in Rivers State, SERAP challenged the legality of Tinubu’s decision.
Joined in the suit as defendants are the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN) and the sole administrator, Vice Admiral Ibas (retd.).
In the suit number FHC/ABJ/CS/558/2025 filed last Friday at the Federal High Court, Abuja, the plaintiffs are seeking: “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state.”
The plaintiffs also seek “an order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (retd) as the sole administrator of Rivers State.”
In the suit, the plaintiffs argued that: “The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”
It was filed on behalf of the plaintiffs by their lawyer, Ebun-Olu Adegboruwa (SAN).
“The suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s obligations under article 13 of the African Charter on Human and Peoples’ Rights, and articles 2, 3 and 4 of the African Charter on Democracy, Elections and Governance.”
“The combined provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the Nigerian 1999 Constitution create a delicate balance of rights and responsibilities, balancing the exercise of the president’s power against the people’s right to participation in their own government, and the notion of respect for the rule of law,” the suit read.
No date has been fixed for the hearing.
