Despite the rage and kick against President Bola Tinubu’s action in the declaration of a State of Emergency in Rivers State, the Sole Administrator, Ibok-Ete Ibas, has resumed and announced the release of withheld Rivers State allocations.
The Supreme Court on February 28, 2025, ruled and ordered the Central Bank of Nigeria (CBN) to stop allocating funds to Rivers State until a valid 2025 budget is presented to the State House of Assembly led by Martins Amaewhule.
Arguably, the Supreme Court did not say, “don’t release the money to suspended Governor Siminalayi Fubara,” it says, “don’t release funds to Rivers State Government,” but the same funds have been released to the government.
Less than 48 hours after Ibas assumed office as the Sole Administrator, the funds were released, and the question is, does the President have the power to counter the apex court judgment without obtaining an order from the Court to allow him to release the funds? Legal experts have various interpretations of this.
A constitutional lawyer, Angus Chukwuka, argued that the development signals foul play and victimization. He described it as executive lawlessness.
He said there should have been an order barring the judgment that ordered the withholding of the funds before releasing it to the Sole Administrator.
However, another Port Harcourt-based lawyer, Wori N. Wori, argued that the release of the funds was right because there is no governor nor assembly members at the moment. He explained that by the proclamation of the State of Emergency, all laws against the State have been suspended.
State of Emergency
Apart from the political infighting among the gladiators—the Minister of Federal Capital Territory, Nyesom Wike, the suspended Governor Siminalayi Fubara, and the State Assembly members—as well as their supporters on social media, the entire state was calm, peaceful, and the systems were running. The Guardian’s monitoring showed that schools, hospitals, markets, banks, businesses, and other aspects of the economy were functioning.
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Section 305 of the 1999 Constitution states that a State of Emergency can be declared when:
(c) There is an actual breakdown of public order and public safety in the Federation or any part thereof to such an extent as to require extraordinary measures to restore peace and security.
(d) If there is a clear and present danger of an actual breakdown of public order and public safety in the Federation or any part thereof requiring extraordinary measures to avert such danger.
This entails that a State of Emergency can be declared when there is an uncontrollable breakdown of law and order and the law enforcement agencies are not capable of curtailing such violence, which is capable of escalating and enveloping the populace.
Hence, in the case of Rivers State, there was no system collapse, no breakdown of law and order, the government was running, and the State was peaceful.
Aside from some reported explosions at oil facilities—which findings showed that some of the reports were false—there was no actual public danger. For instance, the viral video that circulated on social media alleging that suspected militants bombed two Nigerian National Petroleum Company Limited (NNPCL) flow stations at Cawthorne Channel in the State was false. It was confirmed that the explosion was an old clip from a February 19, 2025, explosion at Cawthorne Channel 1 in Iloamatoru, Bonny, which claimed three lives.
While the explosion that occurred on Sunday, March 16, on the Trans Niger Pipeline (TNP) at Aluu Community in Ikwerre Local Government Area of the State was confirmed by the police to be true, as two suspects have been arrested in connection with that, the explosion in Bodo as well as the one in an oil facility in Ogba/Egbema/Ndoni Local Government Area in Rivers State were confirmed to be true. The alleged explosion at NNPCL Port Harcourt refinery in Eleme was dismissed as untrue by the management.
Aside from the developments above, the 23 Local Government Areas in the State were peaceful. However, the President’s proclamation of a State of Emergency in the State has been widely criticized.
Though the President hinged his action on the intractable political conflict by the warring factions and its implications on critical national assets, lovers of democracy have seriously criticized the President’s action. Specifically, the Pan Niger Delta Forum (PANDEF), the Ijaw National Congress (INC), including Civil Society Organisations, among many others, described the action as an onslaught on democratic governance, adding that it was wrong to militarize Rivers State, even before security forces carried out investigations to determine the cause of the explosions.
Since the declaration, some vehicles of combined security forces are being sighted parading across the State, thereby sending dangerous signals to the peaceful State and also infuriating the residents.
A resident in Oyigbo Local Government Area of the State, Victor Edomie, collaborated on the observations by The Guardian, saying, “When someone says, I will restore peace in Rivers State, I begin to wonder which peace they want to restore. Can one restore peace when there is peace? I saw trucks of combined security forces on a show of force yesterday and how residents were laughing at them, and I said in my mind that our political leaders have missed it.”
“You are showing force in a state where residents are peaceful and going about their normal businesses. This is a gang-up against democracy,” he said.
Another resident, a policy and political analyst, Stephen Mommoh, said, “This matter really baffles me indeed. Is there any atmosphere that indicates crisis aside from this political fight in the State?
“When I see the police embarking on a show of force, I ask myself, ‘What is the meaning of all these? Just trying to make it look as if there is any tension anywhere.’”
Suspected Consequences
Concerned Civil Society Organisations in Rivers State have insisted on the reversal, warning that if not reversed, the declaration will have far-reaching negative consequences in the State, scare away investors, and affect the economy of the State.
According to the CSOs in a statement signed by Sunny Dada of Civil Liberty Organisation, Wakama Owhonda of Rivers Coalition for Human Rights, among others, they warned that the action will set a dangerous precedent where political disagreements are met with authoritarian crackdowns instead of constitutional resolutions.
They also noted that it will have economic consequences, pointing out that the uncertainty will deter investors—a major contributor to Nigeria’s economy, particularly in the oil and gas sector—disrupt governance, and weaken economic growth.
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“This will also cause security risk challenges. Rather than restoring order, the Federal Government’s heavy-handed approach will escalate tensions, increase the risk of violence and instability, and cause hardship on the citizens. The people of Rivers State, both indigenes and non-indigenes, will bear the brunt of this reckless decision. Businesses will suffer, essential government functions will be disrupted, and insecurity will rise,” they stated.
What Fubara Didn’t Do
Though many have condemned the actions of the President against Rivers State, the suspended Governor Fubara was also not proactive in responding to the scaring stories of explosions across the State. Fubara didn’t condemn the barbarity or take measures to stop the raging reports of explosions nor caution the perpetrators.
Similarly, aside from the “mouthpreneurs” (the elders and different bodies and organisations) who were constantly speaking and threatening that “nothing will happen,” Fubara paid less attention to fighting his cases in court, knowing the powerful nature of Wike in the Judiciary.
The question is, has Wike succeeded in his impeachment move against Fubara through the back door? Time will definitely tell.
Meanwhile, the Sole Administrator, since his resumption, has embarked on the spot assessments of facilities, especially the ongoing construction of the State House of Assembly complex. He has also been meeting with stakeholders, traditional rulers, security heads, and the State workers.
He has, however, been advised to shun any influence from Abuja but instead embrace the two camps with an open heart targeted at building lasting peace and unity.
Residents are keenly watching the direction of the Sole Administrator and the body language of President Tinubu to see if his interest is in quelling the conflict or restructuring the State for the 2027 elections. Time, they say, will tell.
