Abati, Odinkalu, Amadi attack President Tinubu’s emergency rule

  President Bola Tinubu’s proclamation of a State of Emergency in Rivers State is still gathering a wave of condemnation.

Fearless intellectuals have joined forces against an implicit attempt to transform the country into a dictatorship.

What unfolded at Aso Rock on Tuesday wasn’t a battle of good and evil.

It was a showdown between the bad and the worse!   

This is just the articulation of some of Nigeria’s most prominent intellectuals, including Dr. Rueben Abati, Prof. Chidi Odinkalu, and Dr. Sam Amadi.

They have openly criticized President Tinubu’s declaration of a State of Emergency in the State. 

Dr. Rueben Abati

Dr. Reuben Abati is a prominent Nigerian journalist, columnist, and TV presenter. 

Abati served as Special Adviser on Media and Publicity to former President Goodluck Jonathan from 2011 to 2015.

Abati’s remark on President Tinubu’s action is encapsulated in one word.

Dictator! Yes! Dictator.

For Abati, a man who goes to equity must go with clean hands.

You cannot fight evil with evil.

Two wrongs can never make a right.

In Abati’s analysis, President Tinubu’s action was meant to address constitutional violation of a governor.

But in the process of addressing this violation, the president flouted the provisions of the constitution.

Section 11 of the Nigerian Constitution allows the National Assembly to take over the lawmaking duties of a State’s House of Assembly if the Assembly cannot perform its functions due to a crisis or conflict in that state.

This is meant to ensure peace, order, and good governance until the State Assembly can resume its duties.   

Unfortunately, in violation of this law, the President in his speech declared that in the supposed absence of a government in Rivers State, the President, the Federal Executive Council in concert with the sole administrator shall make rules and regulations for the state.

Dr. Abati accused President Tinubu of overstepping his authority by assuming legislative powers meant for the Rivers State House of Assembly, labeling it as grounds for impeachment.

Prof. Chidi Odinkalu

Moving forward, Prof. Chidi Odinkalu is another powerful brain when it comes to constructive attack on government corruption, especially on the Judiciary.

Prof. Odinkalu is a renowned Nigerian human rights activist, lawyer, and academic.

He has made significant contributions to the fight for justice and transparency in governance, particularly in Africa.

He served as the former Chairman of Nigeria’s National Human Rights Commission and has been involved in various international human rights initiatives.

His commentary on social issues is always unique and mesmeric.

Therefore, in the context of Rivers state saga, Prof. Odinkalu raised an engrossing perspective.

While Dr. Reuben Abati focused on the constitutional grounds of the president’s action, Prof. Odinkalu explored the jurisprudential elements of this action.   

In his analysis, he asked a thought-provoking question:

“Can a Five-Justice Panel Overrule a Seven-Justice Panel?”  

  According to him:

“In legal jurisprudence, one key principle of judicial precedent is that a panel with fewer judges cannot overturn the decision of a larger panel within the same court hierarchy.

“This rule upholds the consistency, reliability, and integrity of legal rulings.   

 “The recent Supreme Court decision regarding Rivers State seems to have deviated from the established judicial standard”. 

In explaining this judicial error, the professor briefly highlighted its history.

He said: “Rivers State, as it is known today, has long been shaped by a history of legal and political maneuvering, stretching back to colonial times.

“The 1887 exile of King Jaja of Opobo under British rule serves as a striking echo of the ongoing legal and political struggles in the region.  

“In 1887, King Jaja was ousted through a British-led trial in Accra, Ghana.

“In 2025, Governor Siminalayi Fubara faces a judicially orchestrated political battle that threatens his leadership.

“Both cases revolve around control over resources, political loyalty, and external interference in Rivers State governance.”

Further, the professor noted that the ongoing turmoil arises from a clash between Governor Fubara and his predecessor, Nyesom Wike.

In December 2023, Speaker Martin Amaewhule led 27 members of the Rivers State House of Assembly in defecting from the PDP to the APC.

According to a 2015 Supreme Court ruling, lawmakers who defect risk losing their seats unless their party is fundamentally fractured.  

Although the constitution mandates that defectors lose their legislative seats, the 27 lawmakers continued to function as members of the Assembly.

Their defection left only five lawmakers loyal to Governor Fubara in the House.

Allegedly under government directives, the Assembly building was demolished.

Despite this, the remaining five lawmakers approved the 2024 Appropriation Bill, which Fubara subsequently enacted into law.  

In February 2025, a Supreme Court panel consisting of five justices delivered a ruling in favor of the defected lawmakers.

The court asserted that only the pro-Wike group held the authority to approve the state budget.

The court further directed the Central Bank of Nigeria to suspend Rivers State’s federal allocation until the budget received approval from the pro-Wike lawmakers.   

Then, the professor proceeded to say that the ruling had serious constitutional implications.  

First is the Violation of Judicial Precedent that a five-justice panel cannot overrule a seven-justice panel.

Second is the Unconstitutional Withholding of Rivers State Funds which punishes the people of Rivers State for a political dispute between elites.

Third is the Judicial Overreach into Political Disputes.

By this notion, the Supreme Court’s primary function is to interpret the law with impartiality, not to mediate political conflicts.

When its decisions appear to favor one political group over another, it is undermining its own credibility and the perception of its neutrality.

This is the powerful submission of Professor Odinkalu.   

Dr. Sam Amadi

Then, the last, but certainly not the least brain in the list is Dr. Sam Amadi.

Dr. Amadi is a distinguished Nigerian legal practitioner, academic, and policy strategist.

He has held various influential positions, including serving as the Chairman and CEO of the Nigerian Electricity Regulatory Commission (NERC) from 2010 to 20152.

He is currently the Director of the Abuja School of Social and Political Thoughts.   

In his analysis, Dr. Amadi described the whole saga as state capture and deprivation of democracy by the president.

According to him, the political crisis in Rivers State lends itself to various resolution strategies.

But the means chosen by the president is a solution which is worse than the sickness. 

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