The assertions that President Tinubu’s intervention in Rivers State constitutes an unconstitutional power grab or a “military coup in civilian disguise” fundamentally misrepresent the legal, political, and security realities that necessitated federal action. Far from being a partisan maneuver, the declaration of a state of emergency and subsequent measures were lawful, proportionate, and grounded in the imperative to prevent a total collapse of governance and public order. Below is a thorough rebuttal to the allegations:
The Nigerian Constitution explicitly empowers the President to declare a state of emergency under Section 305 when there is a clear threat to public safety or a breakdown of governance. The escalation of pipeline vandalism by militants—which crippled economic activity, endangered lives, and exacerbated environmental degradation—coupled with the Supreme Court’s February 18 judgment highlighting governance failures in Rivers State, provided incontrovertible justification for federal intervention. The claim that “no emergency existed” ignores the state government’s demonstrable inaction in addressing these threats, which risked spiraling into wider violence. Emergency powers are, by design, temporary and exceptional, aimed at restoring stability, not undermining democracy.
The appointment of Admiral Ibok-Ete Ibas as Sole Administrator aligns with constitutional provisions for federal intervention during crises. Section 11 of the Constitution permits the National Assembly to legislate for a state in extraordinary circumstances, and the President’s action enjoys implicit legislative backing as a stopgap to avert anarchy. Admiral Ibas, a retired military officer with no overt political ties, was selected for his administrative expertise, not as a proxy for any faction. His mandate is strictly limited to stabilizing the state, facilitating the return to democratic governance, and ensuring the security forces can operate without partisan interference. To equate this with a “military coup” is hyperbolic and disregards the transparent, legal framework guiding his role.
Critics allege defiance of Supreme Court orders regarding state funds, but this misinterprets the interplay between judicial mandates and emergency executive authority. While the Court initially restricted financial flows to Rivers State due to governance disputes, the escalation of the crisis necessitated federal release of funds under the “doctrine of necessity” to sustain critical services like healthcare, education, and infrastructure. The Constitution prioritizes the security and welfare of citizens (Section 14(2)(b)), and the President’s duty to uphold this principle supersedes rigid adherence to procedural norms during emergencies.
The Sole Administrator’s actions, including the formulation of regulations and restructuring of local government administrations, operate within the bounds of his provisional mandate. These regulations require approval by the Federal Executive Council (FEC), ensuring oversight and accountability. The replacement of local government officials was not a “power grab” but a necessary step to dismantle networks complicit in revenue diversion or inefficiency. The Supreme Court’s insistence on democratically elected local governments remains sacrosanct, but interim appointments during emergencies are globally recognized mechanisms to restore functionality before elections can be organized.
Claims that the Administrator has overstepped by preparing a budget or appointing a Secretary to the State Government (SSG) ignore the practical realities of governance. In the absence of a functional State Assembly, provisional budgets based on existing frameworks ensure continuity of public services. Similarly, the appointment of an SSG—a routine administrative role—falls within the Administrator’s authority to maintain bureaucratic operations. These measures are neither permanent nor unconstitutional; they are transitional tools to prevent total institutional paralysis.
The narrative that this intervention serves Minister Wike’s political interests is speculative and distracts from its stated purpose. Restructuring boards and commissions, including the Rivers State Electoral Commission, aims to depoliticize institutions vital to free and fair elections. The focus on “Wike loyalists” assumes nefarious intent without evidence, whereas the Administrator’s appointments could equally reflect efforts to engage experienced personnel familiar with the state’s administrative landscape. The assertion that federal actions target Governor Fubara’s allies conflates routine accountability with persecution; in crises, restructuring is inevitable to eliminate inefficiency or bias.
Regarding the House of Assembly reconstruction, federal involvement ensures the project adheres to timelines and standards, avoiding further delays that could destabilize legislative functions. The Governor’s progress, while commendable, does not negate the need for independent oversight in a volatile environment.
President Tinubu’s intervention is neither indefinite nor authoritarian. Emergency measures will lapse once security is restored, and democratic structures are reinstated. The National Assembly retains the authority to review and curtail these actions under Section 11, ensuring checks and balances. To frame this as a “2027 political takeover” is a cynical distortion of a lawful, necessary intervention to prevent Rivers State from descending into chaos.
In conclusion, the allegations of a “civilian coup” or unconstitutional power grab disregard the constitutional safeguards and urgent pragmatic considerations guiding federal actions. The President’s duty to protect lives and livelihoods in Rivers State transcends political expediency. While vigilance against overreach is prudent, dismissing all stabilization efforts as partisan machinations undermines the legitimate pursuit of peace and order. The people of Rivers State deserve functional governance, not perpetual crisis—and federal intervention, however imperfect, is a constitutional means to that end.
Rt Hon Sir Jones Onyereri PhD, KSP, FCIPAN
April 12, 2025
