Rivers: Soyinka faults Fubara’s suspension

*Soyinka

• SERAP sues Tinubu over ‘unlawful  suspension

 

Nobel Laureate, Prof. Wole Soyinka, has broken his silence on President Bola Tinubu’s declaration of a state of emergency in Rivers State, noting that the action betrays the spirit of federalism.

Tuesday last week, President Tinubu declared emergency rule in the state and suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu and all members of the Rivers assembly for an initial period of six months.

The immediately appointed Ibok-Ete Ibas, a retired naval chief, as sole administrator.

On Thursday, the National Assembly ratified the state of emergency proclamation via vote.

President Tinubu said the decision to impose emergency rule was a crucial step in restoring stability. He highlighted that the prolonged political crisis had paralysed governance and jeopardised national economic security for more than 15 months.

He commended the leadership of the National Assembly, including Sen. Godswill Akpabio, President of the Senate, and Rep. Tajudeen Abbas, Speaker of the House of Representatives.

He also praised other principal officers and members for prioritising the security and welfare of Rivers people over partisan interests.

President Tinubu also acknowledged the lawmakers’ careful review of classified security briefings, emphasising the urgent need for intervention to prevent further escalation.

“The crisis in Rivers was at a perilous tipping point, threatening the security of vital oil and gas installations and undermining the national economy.

“This emergency measure is a lifeline to safeguard livelihoods, secure critical infrastructure, and restore democratic accountability,” Tinubu stated.

He affirmed that the six-month emergency would empower the newly-appointed sole administrator to stabilise Rivers, address systemic breakdowns, and facilitate dialogue among conflicting parties.

Speaking with The Africa Report, the Nobel Laureate said the Nigerian constitution gives the president too much powers arguing that there is a need to amend some sections of the constitution.

He also said it is debatable if the move was a wise one.

“If it is constitutionally right, then I think it is about time we sat down and amended the constitution to make sure that it operates as a genuine federal entity.

“The government is over-centralised. The debate will go on whether this (state of emergency) was, in the first place, a wise decision but in terms of fundamental principles, I believe that this is against the federal spirit of association.

“I find that the constitution has put too much power in the hands of the president. The system we are operating right now is not the best for a pluralistic society like ours. That is a fundamental principle I have always held.”

The playwright further reiterated his call for a national conference which he said would provide an opportunity to “really accord ourselves an authentic people’s constitution”.

“The federal spirit of association is a cardinal principle… right now, in principle, this action is against the federal imperative,” he said.

Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the unlawful suspension of democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his constitutional powers to proclaim a State of Emergency in the state.”

The suit is brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal and Gracious Eyoh–Sifumbukho, who are members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers state. The plaintiffs are registered voters and voted in the 2023 general elections.

Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN and Vice Admiral Ibok-Ete 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 are seeking: “An order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.”

The plaintiffs are also seeking: “a declaration that by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.”

In the suit, the plaintiffs are arguing 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.”

The suit filed on behalf of the plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN read in part: “Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law.”

“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.

“Together, these Constitutional provisions presume that Presidential Powers under section 305 are to be exercised fairly and the duty of fairness requires that the people’s right to participation and democracy should be upheld even in the context of a declaration of state of emergency in Rivers State.

“The combined effect of the provisions of sections 1(2), 14(1)(c), 176(1) (2) and 305(1) of the 1999 Constitution is that the suspension of democratically elected officials in Rivers state is unlawful and unconstitutional.

“Democracy works best when everyone participates. The right to participation is the bedrock of any democratic society.

“The suspension of the democratically elected officials in Rivers state has seriously undermined the ability of the Plaintiffs to participate more effectively in their own government, and the credibility and integrity of the country’s electoral process, as well as the notion of the rule of law.

“The rule of law ought to be protected to ensure that persons and institutions operate within the defined ambit of constitutional and statutory limitations.

“Where agencies of government are allowed to operate at large and at their whims and caprices in the guise of performing their statutory or constitutional duties, the end result will be anarchy and authoritarianism, leading to the loss of constitutionally guaranteed freedom and liberty.

“Section 305 of the 1999 Constitution is neither absolute nor superior to other provisions of the Constitution. Rather, it is expressly made subject to other constitutional provisions.

“The phrase ‘Subject to’ as a legislative device is used in a Constitutional provision or statutory enactment to make the provision of the section inferior, dependent on, or limited and restricted in application to the Section to which they are made subject to.”

No date has been fixed for the hearing of the suit.

However, Fubara yesterday attended a special prayer, worship and thanksgiving service at Salvation Ministries Headquarters, GRA, Port Harcourt. 

The governor was accompanied by top politicians, major stakeholders, elders and leaders of the State, and associates to express gratitude to God for His love, mercy and unwavering support amid the festering political challenges. 

Those who accompanied him included Chief of Staff, Dr Edison Ehie; former Senate President Pro-Tempore and President-General of Ohanaeze Ndigbo Worldwide, Senator John Azuta Mbata; former Deputy National Chairman of the PDP, Dr Sam Sam Jaja; Chief Orits Onyiri; Chief Mike Elechi and Chief David Briggs.

Others include Dr Tamunosisi Gogo-Jaja; Amaopusenibo Fubara Hart; Chief Theodore Georgewill; Hon Kingston Sylvanus; former Mayor of Port Harcourt City, Ezebunwo Ichemati; former Ikwerre Local Government Council Chairman, Israel Abosi; former Emohua Local Government Council Chairman, Chief David Omereji  among others.

The church service, a testament to his deep faith and belief in God as the ultimate dispenser of justice, was an extraordinary session of worship, prayers, and thanksgiving, to appreciate the Lord and acknowledge His never-failing gifts to humanity.

The service, led by the Presiding Pastor of the church, David Ibiyeomie, who took his sermon on: “Living A Blessed Life” from Genesis 1:28, featured soul-lifting songs, scriptural exhortations, and prayers for continued peace, progress, and prosperity in Rivers State.

A special prayer session was also held for the Governor shortly after the service.