Rivers State’s Emergency Rule: Analysts Call for Proper Procedure Over Politics
Nigeria’s political climate has once again put Rivers State in the spotlight, as debates intensify over the future of the ongoing emergency rule. The recent working leave of President Bola Tinubu and the recess of the National Assembly have triggered concerns about possible extensions to the emergency period, raising fundamental questions about constitutional order, governance, and the limits of executive power.
Background: A State in Political Turmoil
The fate of Rivers State’s democratic institutions has faced uncertainty since the suspension of the state’s Governor, his deputy—Professor Ngozi Odu—and members of the House of Assembly. This move, which many legal experts and observers have criticized as unconstitutional, followed severe political tensions and security concerns erupting in the state.
In a recent interview with The Guardian, policy and political analyst Living Jamala—who is also a practicing lawyer—articulated serious concerns about the legitimacy and timing of extending the emergency rule. According to Jamala, “Even if the President is away on a 10-day working leave, he remains empowered to issue a proclamation restoring democratic governance in Rivers State from wherever he is.” Jamala emphasized that the President’s location or the Assembly’s recess should not serve as a justification for prolonging the emergency regime.
What Does the Law Say About Emergency Rule Extensions?
The current emergency regime was instituted for a six-month period. Legally, Jamala noted, the regime expires automatically once this period lapses: “The emergency regime was declared for a specific time of six months. Assuming the President is unable or unwilling to make a declaration ending it, the regime elapses by operation of law after those six months.”
Adding weight to this position, Jamala clarified that there exists no current legal requirement mandating the National Assembly to sit and approve the return to civilian rule once the specified emergency period has expired. “Neither the temporary absence of the President nor the recess of the National Assembly can be considered as grounds for extending emergency rule beyond what is stipulated in law,” he explained.
Local Voices: Reactions from Rivers and Beyond
Within Rivers State, residents and civil society groups have echoed Jamala’s concerns. According to several local democracy advocates and legal professionals in Port Harcourt, any attempt to manipulate administrative procedures to prolong the emergency regime could deepen the crisis rather than resolve it. Others in neighbouring West African democracies, including Ghana and the wider ECOWAS region, are watching closely, pointing to the importance of upholding constitutional processes and setting a positive precedent for governance across the subregion.
Debunking the “Fresh Oath” Rumour
Speculation has surfaced in some quarters suggesting that Governor Sim Fubara would need to retake the oath of office when the emergency concludes. Jamala was quick to address this, saying, “There is no basis for a fresh oath. It is similar to lifting a curfew—when the President announces the restoration of democratic government, Governor Fubara resumes his duties.” He further warned that asking for a new oath could have unintended legal consequences: “If Fubara retakes the oath, it could affect his eligibility to run for a second term, breaching both fairness and the constitutional norm.”
Legal experts consulted by this platform supported Jamala’s view, referencing other cases where states of emergency have ended without new oaths being required for governors or local officials.
Who Answers to Whom? Clarifying the Roles
Further complicating matters is the role of the Sole Administrator—Vice Admiral Ibok-Ete Ibas (rtd)—appointed to oversee governance during the emergency. Jamala clarified that Ibas’s primary accountability is to the President, not the suspended governor. “Ibas is not responsible to Governor Fubara but to President Tinubu. He is expected to report directly to the presidency on issues relating to administration and security,” Jamala told reporters.
This chain of command has significant implications for transparency and the restoration of normal governance. As pressure mounts for the timely reinstatement of elected officials, all eyes are on how both Abuja and Rivers stakeholders will navigate these constitutional and administrative questions.
The State Assembly: Vacancy Challenges and Democratic Gaps
Despite the suspension of some members, the Rivers State House of Assembly continues to function, albeit with notable gaps. “Whenever vacancies are created, especially due to resignations like in the case of Edison Ehie, those seats must be filled promptly by the Independent National Electoral Commission (INEC),” Jamala said. This process is crucial, he argued, to ensure that democratic representation remains robust and to avoid leaving communities voiceless during sensitive transitions.
To shed further light, a Port Harcourt-based governance reform advocate commented: “Fully constituted legislative houses are foundations for peace and development. INEC must move quickly to restore all seats so that Rivers citizens remain well represented as the state navigates post-emergency uncertainties.”
Comparing Approaches: Lessons from West Africa
The situation in Rivers State mirrors, in some respects, what other West African nations have faced when political instability leads to emergency governance. In Ghana, for instance, constitutional scholars stress the danger of executive overreach and warn against loopholes that allow temporary measures to become permanent. Across ECOWAS, several countries have revised their protocols for declaring—or ending—states of emergency to prevent abuse.
Regional observers agree that safeguarding constitutionalism and upholding timely transitions back to democratic rule set an example for the continent at large.
Looking Ahead: Will Rule of Law Prevail?
As Rivers State approaches the expiration date of its six-month emergency rule, Nigerian stakeholders and observers across West Africa are watching each decision with heightened interest. The central questions remain: Will the return to constitutional governance be punctually and smoothly restored? Or will technicalities and political manoeuvres risk further instability?
Most legal experts agree on this point—restoring democratic order in Rivers State according to the letter and spirit of the law is essential not only for stability but also for public confidence.
What are your thoughts on the ongoing situation in Rivers State? How can Nigeria and other West African nations strike the right balance between security and democratic rights when emergencies arise? Drop your comments below and join the conversation!
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