…Urges FG to Review Pipeline Surveillance Contracts

…Calls for Measures to Assuage Aggrieved Ex-Militants

Less than 24 hours after the declaration of a state of emergency in Rivers State, oil and gas-producing communities in the Niger Delta have warned that President Bola Ahmed Tinubu’s decision could trigger guerrilla warfare in the region.

The communities expressed concerns that the recent bombing of the major Trans-Niger oil pipeline in Bodo, Gokana Local Government Area of Ogoni, Rivers State, on Tuesday may be linked to aggrieved ex-militant leaders who feel sidelined in the pipeline surveillance contracts.

Speaking exclusively to Vanguard on Wednesday, Joseph Ambakaderimo, Chairman of the Board of Trustees (BoT) of Community Development Committees (CDC) of Niger Delta Oil and Gas-Producing Areas, cautioned that the political crisis in Rivers State could spiral into an economic crisis if not handled with tact and diplomacy.

Ambakaderimo criticized President Tinubu’s decision, arguing that the situation was still manageable and did not warrant a state of emergency.

“A state of emergency can lead to guerrilla warfare, and this country is not ready for such a dire situation,” he warned.

He alleged that some ex-militants involved in pipeline surveillance contracts had been sidelined and might have taken advantage of the crisis in Rivers State to sabotage the pipeline as a means of drawing attention to their grievances.

“This is why I urge the federal government to urgently review the contracts to ensure inclusivity and fairness for all stakeholders. Reports indicate that out of Train Six of the NLNG, only two are currently operational, which has led to a shortfall in gas supply.

“If crude oil production suffers a similar fate, the consequences for the national economy will be disastrous. The government must reassess its approach to these contracts, possibly engaging the CDC to mediate with affected groups and communities,” he stated.

Despite the declaration of a state of emergency, Ambakaderimo called on Rivers State Governor Siminalayi Fubara to seek dialogue with President Tinubu through senior statesmen in a bid to reverse the decision.

He also condemned the 27 lawmakers in the state for disregarding the Supreme Court’s judgment and prioritizing their own political interests by attempting to impeach Governor Fubara at the behest of their political leader, Nyesom Wike.

“Governor Fubara has been the only one trying to implement the court’s judgment, even at his own detriment. However, the lawmakers pursued a different agenda—to remove him from office. They outrightly ignored the Supreme Court’s ruling and even refused to accept the budget from the Governor.

“For me, a state of emergency could lead to a full-blown guerrilla conflict, further exacerbating the crisis. If this happens, daily crude oil production will decline, which would be disastrous for the country’s economy,” he warned.

Ambakaderimo emphasized that President Tinubu should reconsider his decision, arguing that doing so would align with his administration’s broader goal of ensuring peace and boosting oil production.

“Rescinding the state of emergency would be a demonstration of the President’s commitment to peace and economic stability. Otherwise, it could amount to shooting himself in the foot,” he concluded.

The Rivers State Government has expressed shock over President Bola Tinubu’s decision to remove Governor Siminalayi Fubara while leaving Minister of the Federal Capital Territory (FCT), Nyesom Wike, who has been accused of fueling the state’s political crisis.

In a statement issued by the Rivers State Commissioner for Information and Communications, Warisenibo Joe Johnson, the government described the development as unjust, noting that Governor Fubara has remained committed to constitutional order, peace, and good governance despite the political turbulence in the state.

Johnson emphasized that since assuming office, Fubara has prioritized the protection of lives and property while ensuring the progress of Rivers State. Even in the face of political instability, the governor upheld his constitutional duties and put the interests of the people above personal or political considerations.

Following President Tinubu’s intervention to broker peace, the Rivers State Government implemented the agreed terms in good faith, including reinstating commissioners who had previously resigned. Furthermore, the government swiftly complied with the Supreme Court’s ruling upon receiving the certified true copy of the judgment, demonstrating a commitment to legal and democratic processes.

However, the commissioner lamented that despite these efforts, lawmakers loyal to Wike, who is also a former governor of the state, have continued to obstruct peace and stability. He expressed surprise that while Fubara has been removed, Wike, whom he described as the principal actor in the crisis, remains in office.

“It is shocking that Mr. President sacked the governor and left his minister, who is the principal actor,” Johnson stated.

Reassuring the people of Rivers State, the commissioner emphasized that governance remains effective despite political challenges. Salaries have been paid, developmental projects are ongoing, and the state remains secure.

At this critical time, the government has called on Rivers residents to remain peaceful and law-abiding while reaffirming its commitment to engaging with all relevant institutions to uphold democracy and ensure that Rivers State continues to thrive.

“We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process,” Johnson added.

The Rivers State Government maintains that it will continue to prioritize the well-being and prosperity of its citizens while navigating the unfolding political situation.

Hours after President Bola Tinubu declared a state of emergency in Rivers State, soldiers have taken over the state Government House.

An Armoured Personnel Carrier has also been stationed at the entrance of the Government House along Azikiwe Road in Port Harcourt.

It is not clear if Governor Siminalayi Fubara was still in his official residence when the troops took over the premises around 9 pm.

Tension enveloped Rivers State on Tuesday evening, following President Tinubu’s declaration of a state of emergency to end the lingering political battle involving the state governor, Siminalayo Fubara and his predecessor, Nyesom Wike.

The declaration prompted residents and motorists in Port Harcourt, the state capital, to rush home to their families because they feared a possible breakdown of law and order.

In his nationwide broadcast, President Tinubu justified the declaration, citing the unresolved crisis in the state, which he said has defied political solutions.

He said, “By this declaration, the Governor of Rivers State, Mr Siminalayi Fubara, his deputy, Mrs Ngozi Odu and all elected members of the House of Assembly of Rivers State are hereby suspended for six months.

“In the meantime, I hereby nominate Vice Admiral Ibokette Ibas (retd.) as Administrator to take charge of the affairs of the state in the interest of the good people of Rivers State. For the avoidance of doubt, this declaration does not affect the judicial arm of Rivers State, which shall continue to function in accordance with their constitutional mandate.”

Meanwhile, the suspended governor, Fubara, has called on state residents to be calm, saying he’ll “engage with all relevant institutions to ensure that our democracy remains strong.”

In a statement titled “Press Release by the Executive Governor of Rivers State,” Fubara blamed lawmakers loyal to Wike, accusing them of frustrating his efforts to comply with the Supreme Court judgement.

His statement read in part, “My dear Rivers People, I address you today with a deep sense of responsibility and calm as we navigate this unfortunate moment in our state’s political history.

“Since assuming office as your governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.

“We prioritised the protection of lives and property and ensured the continuous progress of our dear state.

“Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.

However, while political affairs at Rivers will now be governed by Vice Admiral Ibokette Ibas (retd.) for six months, political stakeholders, parties, and lawyers have criticised President Tinubu’s declaration, describing it as undemocratic.

okada riders supplying kidnappers food nabbed

Akure —Police detectives in Ondo State, have arrested seven suspected kidnappers including a 19-year Umar Isyaku, in possession of N3.5 million believed to be ransom paid by families of their victims.

Briefing newsmen in Akure, the state Commissioner of Police, Wilfred Afolabi, said the 19-year-old lsyaku was arrested alongside one Ridwan Salisu,45, at Ipele in connection with a case of kidnapping.

Afolabi said they were arrested March 14, 2025, through coordinated intelligence led policing.

According to him, “N3.6 million was found in possession of the duo. Salisu claimed the money was for PoS. Investigation is ongoing to confirm if the money is a proceed of ransom paid by victims.”

The Police chief added that another wanted suspected kidnapper, Abdullahi Mallam, 21, has been one apprehended by the Police and local vigilantes at Owo.

According to him, Mallam “is part of the syndicate of Ibrahim Dan Alh Umaru that was arrested earlier in the year and his name reoccurred in kidnapping related cases.

“Also, on February 22, 2025, the Police (Special Squad) through the use of technical support arrested one Komolafe Sunday a.k.a Veego, 39years. During interrogation, he confessed to be a motorcyclist who helps the kidnappers to get food for their victims while in custody and received money based on the number of people kidnapped.

“He also serves as spy to inform them of movements along the road. The suspect led the Police to Akunu-Akoko and two suspects Umaru Sanda and Yusuf Ahmadu were arrested, Umaru Abubakar confessed to be the one who guard victims in the forest when they were brought to base.”

Afolabi added that further interrogation led to the arrest of Lekan Temitope a.k.a legelege, who is also a motorcyclist that works for the kidnappers.

Also, as part of the command’s effort to rid the state of all forms of criminality, four suspected cult members, he said, were arrested in Ondo town through the Special Anti-Cultism Squad.

The commissioner said the police squad raided their hideout and arrested Awosika Babajide, 28 years (Eiye Cult), Michael Peter, 18 years (Eiye Cult), Kunle Akinwande, 28 years (AvehCult) and Akintemi Akinwunmiju, 30 years (AvehCult).

According to him “They all confessed to being members of the cult group indicated against their names.”

The All Progressives Congress (APC) has supported President Bola Tinubu’s decision to declare a state of emergency in Rivers State, asserting that Governor Siminalayi Fubara is entirely accountable for the political turmoil that necessitated this intervention.

The nation’s ruling party emphasized that Fubara is facing the consequences of his actions since taking office.

In a statement released on Tuesday, March 18, APC’s National Publicity Secretary, Felix Morka, criticized Fubara for undermining democracy in the state.

He pointed to the governor’s dismantling of the Rivers State House of Assembly and his governance without legislative oversight as factors that have made the state unmanageable.

Morka contended that effective governance relies on the collaboration of the executive, legislative, and judicial branches, highlighting that Fubara’s actions have left the state in a state of constitutional uncertainty.

“When he brazenly demolished the Rivers State House of Assembly, Fubara destroyed the very foundation of democracy in the state.

“When he ‘governed’ the state without a legislature, Fubara ended government in the state.

“When he expended state funds without valid legislative appropriation, Fubara stripped himself of all constitutional protections of the office of Governor,” the statement read.

“There cannot be a governor without a legislature and the judiciary.

“All three arms of government, although separate in their constitutional powers, must co-exist in order to have a government known to the Constitution of the Federal Republic of Nigeria.

“As the Supreme Court confirmed, there was no government in the state and there had not been a government since Fubara destroyed the state legislature,” APC stated.

Morka reiterated that Tinubu’s intervention was not only necessary but constitutionally backed to restore governance and protect lives and property in Rivers.

“By his reckless actions, Fubara asked for and set the stage for this outcome.

“The declaration of a state of emergency by President Bola Ahmed Tinubu was a necessary, constitutionally-backed measure to protect lives and property, and extend governance to the good people of Rivers state.

“The safety and well-being of the people is paramount at this time, and must trump all political considerations,” Morka declared.

The APC hailed Tinubu for taking decisive action to prevent the state’s total breakdown of law and order.

“Again, President Tinubu has demonstrated courage and leadership in forestalling a looming breakdown of law and order in the state,” the statement concluded.

Veteran journalist and ex-presidential spokesperson, Reuben Abati, has disagreed with the decision of President Bola Tinubu to declare a state of emergency in Rivers State.

Speaking on Wednesday in the aftermath of the President’s declaration, which also includes a six-month suspension of Governor Siminalayi Fubara, his deputy and all members of the State House of Assembly, Abati said Tinubu has appropriated to himself the powers to make laws for the Rivers State House of Assembly, which is an impeachable offence.

He added that the National Assembly can reject his proclamation and issue impeachment proceedings against him, but it remains to be seen what the lawmakers would do.

According to him, a democratically elected Governor can not be unilaterally removed by the declaration of the President.

“President Tinubu has appropriated to himself the powers to make laws for the Rivers State House of Assembly, which is an impeachable offense. I don’t know whether the National Assembly will have the courage to either reject his proclamation or proceed with the issue of impeachment against him for violating the constitution of the Federal Republic of Nigeria,” Abati said on Arise News.

He argued that the President’s action did not meet the requirements for a declaration of a state of emergency as contained in section 305 of the Nigerian constitution, which Tinubu also quoted during his speech.

He added that President Tinubu has violated the constitution with the declaration of a state of emergency in Rivers State because he was not properly advised by those around him, including the Minister of Justice and Attorney General of the Federation, Lateef Fagbemi (SAN).

The journalist submitted that if Vice Admiral Ekwe Ibas (rtd) is a true patriot, he must reject his appointment as the Administrator for Rivers State because it is a wrong appointment, and his own integrity has been put on the line.

[NaijaNews]

Watch the video.

In a major political shift ahead of the 2027 general elections, the 2023 Vice Presidential candidate of the Social Democratic Party (SDP), Engr. Yusuf Buhari, has officially defected to the All Progressives Congress (APC).

Buhari was accompanied by SDP’s Kano State governorship candidate, Bala Mohammed Gwagwarwa, alongside key figures including the Kano State Working Committee members, 38 local government chairmen and secretaries, as well as 13 House of Assembly and six House of Representatives candidates.

The high-profile defection, which took place in Abuja, was facilitated by the Deputy President of the Senate, Senator Barau I. Jibrin.

Addressing the gathering, Jibrin described the move as a significant blow to any attempt to establish the SDP as a strong opposition party in the upcoming elections.

“Those who have been trying to woo people to SDP with the hope of challenging APC in the next elections should know that the idea is dead on arrival,” Jibrin stated. “Today, the Vice Presidential candidate, the Kano governorship candidate, and other key SDP figures have joined APC. The party is going to be empty.”

He reassured the new APC members of their full integration into the party. “You are all the same. You will be treated equally if you joined today or have been here for years,” Jibrin added.

Highlighting President Bola Ahmed Tinubu’s economic policies, Jibrin praised the administration’s efforts to curb inflation and stabilise the economy. “We can see how prices are going down and inflation is easing. I am glad that this progress motivated you to join APC,” he noted.

Speaking on behalf of the APC leadership, the party’s National Chairman, Dr. Abdullahi Ganduje, represented by Deputy National Chairman (South), Chief Emma Eneukwu, described the mass defection as a symbolic shift.

“The APC is home to all who seek genuine national development. We are proud to welcome political heavyweights with grassroots appeal into our fold,” Ganduje said, reinforcing the party’s inclusive principles.

Former Kano State Governor, Senator Kabiru Gaya, went further, declaring that the defection marked the effective end of SDP as a competitive political force.

“Today, we are celebrating the burial of that party. The Vice Presidential candidate is here, the Kano governorship candidate is here, and all other key players are now in APC,” he said.

Explaining their decision, Engr. Yusuf Buhari cited the impact of Tinubu’s economic reforms as a key factor.

“When President Tinubu came to power, there were numerous challenges. But despite the pains of tough reforms, we are now seeing results. Inflation is easing, foreign exchange is stabilising, and insecurity is being addressed. Rural farmers will soon return to their farms, helping further reduce food prices,” he said.

Bala Mohammed Gwagwarwa echoed this sentiment, stating that rejoining the APC was a natural step given the party’s leadership and direction.

“APC is my political family. I was part of its formation. President Tinubu knows Nigeria and has shown that he can steer the country in the right direction,” he said, expressing gratitude to Senator Jibrin for facilitating the transition.

Governor Siminalayi Fubara of Rivers State has reacted to the State of Emergency declared on the South-South State by President Bola Ahmed Tinubu.

Naija News reports that President Tinubu on Tuesday evening declared a state of emergency in Rivers State, citing the need to restore law and order in the state.

The declaration, made during a nationwide broadcast, saw the suspension of Governor Siminalayi Fubara, his deputy, Ngozi Odu, and all elected members of the Rivers State House of Assembly for an initial six months.

As part of the emergency measures, Tinubu nominated retired Vice Admiral Ibokette Ibas as the administrator to take charge of the state’s affairs.

Reacting to his suspension, Governor Fubara called on the people of Rivers State to remain calm.

Read full speech below:

BY THE EXECUTIVE GOVERNOR OF RIVERS STATE

My dear Rivers People,

I address you today with a deep sense of responsibility and calm, as we navigate this unfortunate moment in our state’s political history.

Since assuming office as your Governor, all my actions and decisions have been guided by my constitutional oath of office and a great sense of duty.

We prioritized the protection of lives and property and ensured the continuous progress of our dear State.

Even in the face of the political impasse, we have remained committed to constitutional order and the rule of law, putting the interest of our people above all else.

This was why, immediately after Mr. President’s intervention to broker peace, we did not hesitate to implement the agreed terms in good faith, including welcoming back commissioners who had previously resigned on their own volition.

Furthermore, we moved swiftly to comply with the Supreme Court’s judgement immediately we received the certified true copy of the judgement to return the state to normalcy.

These steps were taken not for personal gains but to foster peace, unity and stability in our dear State.

Unfortunately, at every turn, members of the Rivers State House of Assembly frustrated our efforts, thus making genuine peace and progress difficult.

Our priorities remained the security of lives and property and advancing the well-being and prosperity of Rivers people.

Yes, we have political disagreements, but good governance had continued, salaries have been paid, and great projects were being executed to move the State forward. Above all, Rivers State is safe, secure and peaceful under our watch.

At this critical time, I urge all Rivers people to remain peaceful and law-abiding. We will engage with all relevant institutions to ensure that our democracy remains strong and that Rivers State continues to thrive.

We have always been a resilient people, and we will face this situation with wisdom, patience, and unwavering faith in the democratic process.

God bless Rivers State.

God bless the Federal Republic of Nigeria.

Sir, Siminalayi Fubara, GSSRS

The Nigerian Bar Association (NBA) has strongly criticized the recent declaration of a state of emergency in Rivers State by President Bola Tinubu, calling the move “unconstitutional” and a dangerous precedent for Nigeria’s democracy.

In a statement released on Tuesday, the NBA, through its President, Afam Osigwe, SAN, emphasized that the President lacks the constitutional authority to remove an elected governor, deputy governor, or state lawmakers under the guise of an emergency rule.

“The 1999 Constitution does not grant the President the power to remove an elected governor, deputy governor, or members of a state’s legislature under the guise of a state of emergency,” the NBA asserted.

The association further stated that the Constitution provides clear procedures for the removal of a governor and deputy governor as per Section 188, and similarly, the removal of members of the House of Assembly and dissolution of parliament is governed by constitutional provisions and electoral laws.

The NBA questioned whether these constitutional procedures were followed in the current situation.

The NBA pointed out that while Section 305 of the Constitution allows the President to declare a state of emergency, it also stipulates strict conditions and procedural safeguards to prevent any infringement on democratic governance and fundamental human rights.

“The political crisis in Rivers State does not meet the constitutional threshold of a complete breakdown of public order to justify a state of emergency,” the statement read.

It added that the declaration of emergency does not automatically dissolve or suspend elected state governments, and the President is not empowered to unilaterally remove elected officials, describing such actions as a “fundamental breach of Nigeria’s federal structure.”

Naija News reports that the NBA also highlighted that a declaration of a state of emergency must be ratified by the National Assembly within a specified timeframe, as outlined in Section 305(2) of the Constitution.

“A proclamation issued by the President under this section shall cease to have effect if it is not approved by a resolution of the National Assembly within two days when the National Assembly is in session, or if the National Assembly is not in session, within ten days after it reconvenes,” the statement quoted from the Constitution.

The NBA stressed that without National Assembly approval, the declaration of a state of emergency in Rivers State remains “constitutionally inchoate and ineffective.”

The NBA strongly warned that suspending elected officials under emergency rule sets a dangerous precedent that undermines democracy.

“The purported removal of Governor Fubara, his deputy, and members of the Rivers State House of Assembly is unconstitutional, unlawful, and a dangerous affront to our nation’s democracy,” the statement declared.

The association called on the National Assembly to reject any unconstitutional attempt to ratify the removal of Rivers State officials, stressing that such a move could be misused to unseat elected governments in the future.

It urged all stakeholders, including the judiciary, civil society, and the international community, to closely monitor the situation in Rivers State.

In conclusion, the NBA reiterated its commitment to upholding the Constitution and protecting Nigeria’s democracy.

“The removal of elected officials under the pretext of emergency rule is unconstitutional and unacceptable. Nigeria’s democracy must be protected at all costs, and the Constitution must be upheld as the supreme legal authority in all circumstances,” the statement concluded.

President Goodluck Jonathan did not suspend governors when he declared a state of emergency in three north-eastern states in 2013 because it was unconstitutional, according to Mohammed Bello Adoke, the former attorney-general of the federation.

Adoke dedicated a whole chapter to the issue in his memoir, ‘Burden of Service: The Reminiscences of Nigeria’s Former Attorney-General’, published in 2019 by Clink Street (London & New York).

He said the 1960 constitution empowered the federal government to make its own laws on emergency rule and that allowed the Tafawa Balewa administration to suspend the premier of the Western region in 1962.

“While the 1961 State of Emergency Act allowed for the removal of Premiers,” Adoke wrote, “the 1979 Constitution and, subsequently, the 1999 Constitution, spelt out how to declare a State of Emergency. The removal of a Governor is definitely not included in the provisions.”

On Tuesday, President Bola Tinubu declared a state of emergency in Rivers state and suspended Governor Simi Fubura as well as the state house of assembly.

Below are excerpts from the book.

STATE OF EMERGENCY

On 13 May 2013, the President declared a State of Emergency in three of the North Eastern states of Adamawa, Borno and Yobe owing to the Boko Haram insurgency that was ravaging those areas. The security situation was getting out of hand in those states, despite the efforts of the Armed Forces to contain the terrorist group. There was already political tension in Northern Nigeria arising from the 2011 presidential election. Some pol- iticians had been credited with inciting statements, including that they would make the country “ungovernable” if Jonathan won. They claimed that he had “stolen” the turn of the North. With the unrelenting insecurity and violent situation, which, in fact, worsened two years after the 2011 elections, Nigeria found itself in disequilibrium. The President needed the declaration of State of Emergency in the troubled states in order to deal with the insurgency.

When the issue came up, there were discussions as to the extent the President could go. However, since the insurgency was not spread all over those states, the local government areas most affected were identified. Rather than declare total emergency in the states, the President limited it to those local government areas so that security manpower could be concentrated there to contain the situation. He also did not remove or suspend any Local Government Chairman or Governor. For the first time in Nigeria’s history, an emergency was declared with the political leadership in place.

I had advised the President that he was free to declare a full or partial State of Emergency as provided in Section 305 of the Constitution which states that the President may, by an instrument published in the Official Gazette of the Federation, issue a proclamation of a State of Emergency in the Federation or any part thereof. Subsection 2 states that the President shall, after the publication, transmit the Gazette containing the proclamation, including the details of the emergency, to the President of the Senate and the Speaker of the House of Representatives, each of whom “shall forthwith convene a meeting of the House to consider and decide whether to pass a resolution approving the proclamation.”

The Constitution specifically stipulates that the President shall have powers to declare a State of Emergency only when the Federation is at war, is in imminent danger of invasion or is involved in a state of war, and there is an actual breakdown of public order in the Federation or any part, to such extent as to require extraordinary measures to restore peace and security. That is, the occurrence of imminent danger or disaster, or natural calamity affecting a community, or a section of the community in the Federation, qualifies as emergency warranting such a proclamation. Under Subsection 4, the Governor of a state may, with the support of two-thirds majority of the state House of Assembly, request the President to issue a proclamation of emergency in the state, when there is in existence any of the listed situations.

PUBLIC CRITICISM

President Jonathan, predictably, came under criticism from commentators who felt he should have removed the Local Government Chairmen as well as Governors in the affected states. Why declare a State of Emergency and retain the Governors? That was what many commentators said. The opportunity for Jonathan’s foes to describe him as a weak leader emerged yet again! Historically, State of Emergency was employed more as a political weapon to settle scores with opposing forces, not necessarily to address issues of actual or imminent threat to security. Nigerians were more familiar with that nefarious employment of the provision. The fact that Governors in Nigeria cannot be held responsible for any breakdown of law and order is lost on these critics. Governors are the Chief Security Officers of their states only in name; they do not have the requisite constitutional power of control over the secu- rity agencies. Removing them during emergency, to my mind, was simply illogical.

The mentality that a Governor must be removed was most likely derived from what happened in 1962 when, owing to a crisis in the Western Region, government structures broke down. The Premier, Chief S. L. Akintola, had refused to vacate office for his replacement, Alhaji Dawodu Soroye Adegbenro, after being removed by the Regional House of Assembly. The Federal Government had stepped in and appointed Dr Moses Majekodunmi as the Administrator of Western Region, rather than allow Adegbenro to take over as Premier. It was a highly tense political situation. Although Akintola was still a member of the Action Group (AG), his sympathy for the Northern Peoples Congress (NPC), which controlled the Federal Government, earned him a restoration to office.

EXAMPLE FROM FIRST REPUBLIC

Another situation was when President Obasanjo removed Chief Joshua Dariye as Governor of Plateau State in 2004 after declaring a State of Emergency in that state. Chief Akin Olujinmi, then AGF, sought to justify the removal by referring to the Emergency Powers Act of 1961, which provided for the removal of a Premier, the equivalent of a Governor. On 25 May 2004, he was reported to have stated: “Well… you are looking at the Constitution. There are other laws that you have to read along with the Constitution. We have what you call the Emergency Powers Act of 1961. That power was evoked in 1962 in the old Western region, when we had a similar declaration made, and we had Dr Majekodunmi appointed as administrator of the Western Region at that time, so that law is still in existence today. Under that law when you declare a state of emergency, you can appoint an administrator to run the affairs of the state.” (THISDAY newspaper, 25/05/2005, page 40).

I respectfully disagree with that contention. The Emergency Powers Act of 1961 was derived from the 1960 Constitution. They did have an enabling law that gave the Prime Minister the power to declare a State of Emergency and, in the process, remove the Premier and appoint an Administrator to superintend the management of the Region’s affairs. By the time Chief Olujinmi was invoking the Act in 2004, it had become spent.

Because declaration of State of Emergency had been wrongly used by Obasanjo to remove Governors whom he had political differences with, those who thought they loved Jonathan more than he loved himself kept clamouring for it to be used to checkmate Governors. But when I came into office, I took cognisance of the fact that I swore to an oath to abide by the Constitution. I also vowed that as the custodian of the Nigerian Constitution, who must be the legal adviser to all arms of government, I must do what was right.

Irrespective of the pressure, I refused to allow the political persuasion of the government of the day to colour my judgment. I advised the President that while he could declare a State of Emergency, that did not warrant the removal of a Governor. The Governor is the Chief Security Officer of the state, but the Police is centralised under the leadership of the Inspector General. That means Chief Security Officer is nothing but a ceremonial description.

Also, to remove a Governor could bring the President into conflict with the National Assembly. It is not in the interest of the President to take a decision that would not be approved by the National Assembly. That would tend to diminish his executive powers. He must jealously guard his turf and ensure that whatever he does is constitutionally justified. There was no way we would have been able to constitutionally justify the suspension or removal of a Governor through the instrumentality of the proclamation of a State of Emergency, having regard to the provision of Section 305 of the 1999 Constitution.

OBASANJO WANTED EMERGENCY RULE IN OGUN

The issue of the State of Emergency has always been hugely controversial. The essence of declaring an emergency, as we know it, is that there is an extraordinary situation that has defied the standard laws, processes and procedures for restoring order. And to restore order, one is forced to resort to exceptional measures. It was never meant to be used as a political instrument to punish and remove recalcitrant or ‘disloyal’ Governors. The issue ought to have been settled by Attorneys-General over the decades, but probably because of the many years Nigeria was under military rule, no one has paid any serious attention to it.

While the 1961 State of Emergency Act allowed for the removal of Premiers, as Chief Olujinmi alluded to, the 1979 Constitution and, subsequently, the 1999 Constitution, spelt out how to declare a State of Emergency. The removal of a Governor is definitely not included in the provisions. Obasanjo, still thinking State of Emergency could rightfully be used politically and illegally the way he had applied it during his tenure, tried to mount some pressure on President Jonathan in his early days in office in 2010 to apply it to the crisis in Ogun, his home state.

In that case, the Governor of Ogun State, Otunba Gbenga Daniel, had fallen out with Obasanjo over who would control the state executive of the PDP ahead of the 2011 elections. The House of Assembly had also been divided, so Otunba Daniel could not function effectively, especially regarding getting the approval necessary for the N100 billion bond he wanted to get from the capital market. All the intrigues raging through Ogun State had led to a shutdown of the House of Assembly Complex. Government practically ground to a halt.

Obasanjo tried to exert a lot of pressure on Jonathan, urging him to declare a State of Emergency. He wanted Jonathan to suspend Daniel and appoint an Administrator to return things to normalcy. When the President asked for my view, I felt the crisis had not reached a boiling point where he would need to declare a State of Emergency. I further pointed out that there were enough provisions under Section 11 of the Constitution to deal with situa- tions where a House of Assembly of a state is unable to sit. The Constitution provides for the functions of such a State Assembly to be taken over by the National Assembly.

Also, even if there were a need to declare a State of Emergency, it would have been to give some extraordinary powers to the Governor and suspend parts of Chapter 4 of the Constitution which relate to fundamental human rights, as opposed to the removal of the Governor. As I pointed out earlier, the removal of a Governor is nowhere provided for in the mechanism for implementing a State of Emergency. It would have amounted to employing extra-constitutional means to remove a Governor.

One of the arguments I used in convincing the President was to draw his attention to the fact that he also had the power to declare a State of Emergency all over the Federation. I then asked that: “For instance, Mr President, if the country is at war, and you have to declare a State of Emergency, would you remove yourself from office and appoint an Administrator to oversee the affairs of the country?” He agreed with me. He could see that it was illogical to remove a Governor on account of a State of Emergency being declared.

Since we had successfully warded off the use of State of Emergency as a political tool in the Ogun case, it was not too difficult applying the same principles to other suggestions from the marauding hawks. There was still a big battle ahead, nevertheless. As the Boko Haram insurgency continued unabated in the North-East, the hawks told President Jonathan that the State of Emergency, declared by him in May 2013 and renewed in November of the same year, was not effective because the Governors of Adamawa, Borno and Yobe were not removed. Ironically, the three Governors were all of the APC, the leading opposition party.

The potential political gain was glaring. The hawks piled pressure on the President to extend the State of Emergency by another six months and remove the three Governors. This would take us into 2014, when the politicking for the 2015 general election would be in top gear. Two Ministers even drafted a Declaration of Emergency speech and took it to the President. They named three retired Generals to be appointed as Administrators of the affected states. President Jonathan then decided to ask me to make a presentation to the FEC on my position, apparently because he did not want to do anything illegal.

When I got to Council, I marshalled my argument that removing a Governor was not part of the constitutional provisions in declaring a State of Emergency. I told them I do not play politics with matters of law. I also said declaring an emergency was, constitutionally, a shared responsibility between the President and the National Assembly, with the legislature having a superior dominion. While the President can trigger the process, it must be approved by the National Assembly within two days if they are in session and a maximum of ten days if they are not, in which case the President would request that they reconvene to approve his declaration. If the lawmakers refused to approve it, I warned, that would be the end and it would appear to diminish the powers of the President.

A heated debate broke out. Two Ministers, one of them a lawyer that never practised and the other a full-time politician, stood up to me and started an unnecessary argument, insisting that the President could do and undo. The President had to call the house to order as emotions ran high. In the end, President Jonathan decided that he would not violate the Constitution. He did not extend the emergency, much less remove the Governors. In any case, as the Commander-in-Chief of the Armed Forces, he could deploy troops without the approval of the National Assembly.

‘I BECAME AN ENEMY’

I became an enemy of many people in government who accused me of misleading the President. After the FEC meeting, some ministers began instigating the Ijaw leader, Chief Edwin Clark, against me. They said it was “one man” with a “bogus title” of “Attorney-General of the Federation” who prevented the President from removing the Governors and replacing them with Administrators. From what filtered to me, Clark was very angry with me and even suggested that the President “should remove that Attorney-General.” But the President always had my back.

With such a President as your boss, you would always be confident to tell him the truth. If he had resorted to using State of Emergency as a political bazooka, he probably would have had his way as a bully, but he could never have written his name in the hearts of millions who still adore him especially when they compare him with other Nigerian leaders who used their powers to terrorise and subjugate their perceived political opponents. It must be a compliment to President Jonathan that President Buhari has also avoided deploying the State of Emergency as a tool in Rivers, Kwara and Akwa Ibom States, despite the political benefits. It is a worthy legacy.