26/03/2025
Equity Sustainable Development Initiative joins More than 100 CSOs in Nigeria.
Calls for Constitutional Fidelity in Addressing Rivers State's Crisis
The ongoing political and legal turmoil in Rivers State has reached a critical juncture, threatening the stability of democratic institutions and the rule of law in Nigeria. As civil society organisations with a deep understanding of Nigeria’s constitutional framework, we present this objective and thorough analysis of recent developments, alongside actionable solutions to restore peace, legality, and governance in Rivers State. This press release is intended to inform and engage Nigerians across all sectors, including policymakers, citizens, and the media.
Overview of Recent Developments
Rivers State has been embroiled in a protracted conflict between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, now the Minister of the Federal Capital Territory. This rift fractured the Rivers State House of Assembly. In December 2023, 27 lawmakers, led by the Speaker, Honourable Martin Amaewhule, defected from the Peoples’ Democratic Party (PDP) to the All Progressives Congress (APC). The defection sparked a series of legal and political disputes, culminating in a controversial Supreme Court of Nigeria ruling on February 28, 2025, which recognized the defected lawmakers as legitimate and directed Governor Fubara to re-present the 2025 Rivers State annual budget to them.
Subsequent events have escalated tensions: President Bola Tinubu declared a state of emergency on March 18, 2025, suspending Governor Fubara, his deputy, and the entire House of Assembly for six months, appointing Vice Admiral Ibok-Ete Ibas (Rtd) as Sole Administrator. This move has sparked widespread debate about its constitutionality, with reports of military deployment to the Government House and attacks on local government secretariats further destabilizing the state. The Rivers State Commissioners have also dragged the Amaewhule-led Assembly to court, alleging attempts to nullify their appointments, while Ijaw groups and civil society organizations have issued warnings against external interference.
Critical Legal Analysis
1. Defection of Lawmakers and Constitutional Breaches
Section 68(1)(g) of the 1999 Constitution (as amended) is unequivocal: any legislator who defects from the party under which they were elected forfeits their seat unless the defection is due to a division in their original party that renders it impracticable to function. The Supreme Court’s 2015 ruling in Hon. Ifedayo Sunday Abegunde v. The Ondo State House of Assembly & 11 Others (SC.370/2014) reinforced this principle. However, the February 2025 Supreme Court decision in Rivers State House of Assembly and Others v. Rivers State Independent Electoral Commission (RSIEC) & 9 Others (SC/CV/1176/2024) departs from this precedent, legitimizing the defected lawmakers without evidence of a PDP split. This ruling by a five-person panel contradicts the seven-person panel’s earlier stance, raising questions about judicial consistency and the court’s susceptibility to political influence.
2.State of Emergency Declaration
Section 305 of the Constitution allows the President to declare a state of emergency in cases of war, natural disaster, or a breakdown of public order and safety beyond the state government’s control. While Rivers State is undeniably turbulent, the declaration’s legality hinges on whether the situation meets this threshold.
The approval of the state of emergency by the National Assembly on Thursday 20 March through voice votes instead of individual votes duly recorded to account for the required 2/3 majority raises legal concerns about adherence to the provisions of the 1999 Constitution on sensitive matters of national importance. Moreover, suspending elected officials and appointing a sole administrator risk overstepping federal authority, undermining state autonomy.
3. Judicial Overreach and Conflicting Orders
The judiciary’s role in Rivers State has been marred by conflicting rulings and perceived bias. The Supreme Court’s directive to recognize the Amaewhule faction, coupled with lower courts’ handling of related suits (e.g., the January 21, 2025, ruling pending at the Federal High Court in Port Harcourt), has fueled accusations of “judicial bias” favoring political actors. This erodes public trust in the judiciary as an impartial arbiter.
Proposed Solutions
To resolve this crisis and prevent further escalation, we propose the following constitutionally grounded and pragmatic steps:
1. Judicial Review and Reaffirmation of Precedent
The Supreme Court must urgently revisit its February 2025 ruling through a full seven-person panel to align with the Abegunde precedent, which emphasizes the sanctity of electoral mandates. The defected lawmakers should vacate their seats, triggering by-elections conducted by the Independent National Electoral Commission (INEC) to restore legitimate representation. This upholds the electorate’s mandate and the Constitution’s sanctity.
2. Reversal of the State of Emergency
President Tinubu should reconsider the state of emergency unless it is demonstrably justified under Section 305 of the Constitution of the Federal Republic of Nigeria (as amended). Restoring Governor Fubara and the elected Assembly, pending legal resolution of their status, respects democratic norms and state sovereignty. The military presence should be withdrawn to de-escalate tensions.
3. Mediation and Political Dialogue
A neutral mediation panel, comprising elder statesmen, legal experts, and civil society leaders led by the National Peace Committee, should facilitate dialogue between Fubara, Wike, and their factions. This panel must focus on de-escalation and prioritize governance over personal ambitions and a commitment to democratic processes, potentially brokering Wike’s withdrawal from active interference in Rivers State politics.
4. Strengthening Institutional Integrity
The judiciary must insulate itself from political pressures. The Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, should set-up a judicial panel to investigate allegations of bias and ensure that future rulings in Rivers State adhere to legal principles, not expediency. Similarly, security agencies must remain neutral, avoiding partisan deployments.
5. Public Engagement and Accountability
Citizens of Rivers State and Nigeria at large must demand transparency and accountability. Media outlets and civil society should amplify this crisis’s implications for democracy, urging all actors to prioritize the public good over power struggles.
Conclusion
The crisis in Rivers State is a litmus test for Nigeria’s democracy. Left unchecked, it risks setting a precedent for constitutional subversion and federal overreach, with ripple effects nationwide. Adherence to the rule of law and reinforcement of judicial integrity are essential. Fostering dialogue will steer Rivers State—and Nigeria—toward stability and progress. We call on all stakeholders, from the Presidency to the grassroots, to act decisively and patriotically to resolve this impasse. This country belongs to all of us and we must work together to make it a better place now and generations to come. May God bless the Federal Republic of Nigeria.
Signed by:
Accord for Community Development (ACD)
Adinya Arise Foundation (AAF)
Agape Foundation for Literacy and Rural Development (AFLRD)
Agnemark Initiative for Environmental Sustainability and Social Development.
Alheri Peace Building and Empowerment Foundation (APBEF)
Amaclare Connect and Development Initiative
ApiriHallowed Foundation (AHF)
Association for Public Health Education and Legal Research Documentation in Nigeria (APHELRDiN)
Azuka and Ify Ubani Foundation
Begonia Flora Education and Communication Initiative
Biakwan Light Green Initiative (BLGI)
Care Trust Development Initiative (CATRUDEVI)
Career Counseling for African Women and Youth Development Initiative in Nigeria (CACAWYDYIN)
Catch Them Young Community Initiative (CATYCOI)
Cedars for Human Welfare Initiative (CEHUWEI)
Center for Economic Empowerment and Gender Activities (CEEGa)
Center for Peace Education and Community Development
Centre for Citizens’ Rights
Centre for Inclusive Social Development (CISD)
Centre for Women’s Health and Information (CEWHIN)
Child Health Organisation (CHO)
Citizen Community Aid and Development Initiative
Community Partners for Development (CPD)
Community Resilience Accountability Tracking Empowerment Initiative (CReATE-i)
Connecting Villages for Sustainable Development Initiative
DEVATOP Centre for Africa Development
Disability Law Advocacy Project (DLAP)
Dorothy Njemanze Foundation
Egbema Clean and Green Initiative (ECGI)
Eje Ajuaga Foundation
Elixir Trust Foundation
Eminent Emerging Entrepreneurs Foundation
Eminent Empowerment and Inclusion Network (EMINET)
Emma Ezeazu Centre for Good Governance and Accountability (EE Centre)
Engage Diaspora Foundation (EDF)
Equity Sustainable Development Initiative (ESDI)
Exquisite Youth Empowerment Initiative
Faduk Care Foundation
Feminist Womanifesto
Flourishing Peoples’ Empowerment Initiative (FPEI)
Foundation for Community Empowerment Initiative (FOCEI)
Foundation for Environmental Rights Advocacy and Development (FENRAD)
Foundation for Livelihood Advancement
Gender Perspective and Social Development Centre (GPSDC)
GlowingStar Empowerment Initiative and Development
Goodwash Foundation for Health and Environmental Protection
Grassroots Development and Empowerment (GRADE) Initiative
Health Standard Concern Organisation (HESCO)
Hedge Empowerment Foundation (HEF)
Helps For All International Foundation 93.
Initiative for Community and Human Development (ICHD).
Initiative for Social Development in Africa (ISODAF)
Inspired Generation Leadership Initiative
International Centre for Women Empowerment and Child Development (ICWECD)
International Peace and Civic Responsibility Centre (IPCRC)
Isaac and Patience Olugbuo Foundation
Keep Hope Alive Community Development Initiative
Kingdom Leaders Foundation
Kollabrative Development Empowerment and Entrepreneurship (KODE-E)
Koslivia Development Initiative (KODI)
Legacy Care Spectrum Foundation
Marusen Foundation
Masammy Help Ministry
Mawuwadoka Children Foundation (MCF)
Mentoring Individual’s Dream (MiND) Initiative
Mother of Faith Foundation (MOFF)
Mowalek Centre for Sustainable Community Development
Murmushi People's Development Foundation.
Nde Oduko Foundation
Network of Universities Legal Aid Institutions (NULAI) Nigeria
Next Generation Youth Initiative International (NeGYII)
Open Arms Initiative for Sustainable Development
Peace Education and Practice Network (PEPNET)
Praxis Academy Abuja
Regale Initiative for Community Health and Social Development (RICH-SD)
Rivers Indigenous NGOs & Civil Society Network (RINGOCS)
Rosana Empowerment Foundation (REF)
Rosyetta Community Support Foundation
Safe Community Initiative (SCI)
Saving Hand Development Initiative (SHADE-IN)
SHIELDTHEM Support Organisation
Show Care Foundation (SCF)
Speak Out Africa Initiative (SOAI)
Stellar Community Impact Development Initiative (S-CIDI)
Stop The Girl Child Discrimination Foundation
Strength for the Weak Empowerment Initiative, Nigeria
Sulhu Development Initiatives (SDI)
The Havids Centre for Environment and Development
The Inclusion Project (TIP)
Treasure Builder Foundation
Trees on Earth Development Foundation
Trios Human Development Foundation
Triple Justice Foundation
Upline Centre for Development (UCD)
Wave Foundation
White Dolphin Foundation (WDF)
Women and Girls with Albinism Network
Women and Youth Empowerment and Development Initiative
Women Inspiration Development Center (WIDC)
Women of Inestimable Values Foundation
YARA Care Mission (YCM)
Yobe Youth Initiative and Community Development (YOYICOD)
