Rivers State political crisis: constitutional implications, causative factors & legality of governor’s suspension

Introduction

The political imbroglio in Rivers State has unfolded like a badly scripted Nollywood drama—full of suspense, betrayal, and political intrigue. At the heart of this circus is a power struggle between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, the latter now serving as the Minister of the Federal Capital Territory (FCT).

While political battles are nothing new in Nigeria, this one has taken a life of its own, leaving governance gasping for breath while political gladiators flex their egos.

What should have been a smooth democratic transition has instead become a wrestling match of power, influence, and survival, with the Rivers State House of Assembly turning into a theatre of the absurd.

The author, Charles Ude Esq.

As expected, the media, hired political jobbers, and partisan legal analysts have joined the fray, some acting like praise singers at a coronation, while others twist legal principles like a contortionist in a circus to fit their narratives.

This analysis dissects the crisis by addressing:

The constitutionality of the Governor’s purported suspension and the role of federal intervention.

The suspension of the Rivers State House of Assembly and its legal implications.

The political sins of all major actors—because no one here wears white.

The partisan role of the media and paid legal mercenaries masquerading as analysts.

Realistic legal and political solutions—if the actors ever get tired of this soap opera.

Constitutional Basis for Presidential Intervention

The 1999 Constitution (as amended), under Section 305(3)(c), (d), (f), and (g), grants the President the power to declare a state of emergency if:

(c) There is a breakdown of public order requiring extraordinary measures.

(d) There is a clear and present danger of an actual breakdown of order.

(f) Any public danger threatens the Federation.

Given the political fistfight in Rivers State—marked by legislative chaos, executive defiance, and security concerns—one might argue that these conditions have been met.

However, Nigeria is a constitutional democracy, not a military dictatorship, meaning that due process must be followed, and not just waved aside like an annoying housefly.

Judicial Precedents and Analysis

The Supreme Court has time and again warned against federal overreach into state affairs. In:

A.G. Federation v. A.G. Lagos State (2013) 16 NWLR (Pt. 1380) 249, the Court emphasized that federal actions must align with constitutional provisions.

Lakanmi v. A.G. Western Region (1971) 1 UILR 201 struck down arbitrary government takeovers, reaffirming that emergency powers must be constitutionally justified, not politically convenient.

Applying these principles, any attempt to remove an elected Governor or interfere in the state’s administration must be on solid constitutional footing, not on the whims of political puppeteers.

The Suspension of the Rivers State House of Assembly: A Legal and Political Quandary

(i) The Crisis within the Assembly

The Rivers State House of Assembly has been anything but a legislative institution. Instead, it has become:

A battleground for political supremacy, where lawmakers engage in loyalty contests instead of policymaking.

A circus of suspensions and counter-suspensions, turning governance into a game of musical chairs.

A political marketplace, where defectors switch sides overnight, reminiscent of a stock exchange trading in political futures.

In response to the ongoing chaos, Governor Fubara announced the suspension of the Rivers State House of Assembly, citing security concerns and a need to restore governance.

(ii) Is the Suspension Legal?

The Nigerian Constitution is clear on the separation of powers. Under Section 4 of the 1999 Constitution, the legislative arm of government is independent and cannot be arbitrarily suspended by the executive. While the Governor can withhold assent to bills, he lacks the power to suspend or dissolve the legislature.

However, under Section 11(4) and (5), the National Assembly can take over legislative functions of a state House of Assembly if it is unable to perform its duties due to a crisis. The question remains whether the Rivers Assembly’s internal wrangling meets this threshold.

If challenged in court, the Governor’s action could be ruled unconstitutional, but in the murky waters of Nigerian politics, legality often takes a backseat to political survival.

Causative Factors: A Power Struggle Disguised as Governance

(i) Political Godfatherism: The Wike-Fubara Tug of War

At the heart of this crisis is an age-old Nigerian tradition—political godfatherism. Wike, having played the kingmaker, expected Fubara to be his loyal “anointed son”. Unfortunately for him, Fubara decided to “find his voice” too early, biting the very hand that fed him.

(ii) Executive-Legislative Dysfunction: When Lawmakers Become Gladiators

The Assembly has turned into a battleground, with factions loyal to Wike and Fubara trading impeachment threats like poker chips.

(iii) Judicial Indecisiveness: A Courtroom in Hibernation

The courts have been painfully slow in providing clarity, allowing political actors to weaponize legal loopholes.

Apportioning Blame: Who Gets the Trophy for Chaos?

Governor Fubara → For bypassing constitutional limits by suspending the House of Assembly.

The Rivers State House of Assembly → For acting like political mercenaries instead of lawmakers.

Former Governor Wike → For playing political godfather instead of retiring gracefully.

The Federal Government → For contemplating a reckless emergency intervention.

The Media & Hired Lawyers → For turning governance into a reality TV show.

Solutions: Restoring Order to Rivers State

1. Judicial Intervention → The courts must wake up from their slumber and deliver clear rulings (Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 423).

2. Legislative Mediation → The National Assembly should invoke Section 11(4) and (5) to broker peace.

3. Political Reconciliation → A neutral body (not partisan elders) should mediate the conflict.

4. Constitutional Reforms → Emergency powers must be clearly defined to prevent abuse.

Conclusion: When Power Games Trump Governance

The Rivers State crisis is a classic case of ego, ambition, and power gone rogue. The suspension of the House of Assembly adds another layer of legal and political controversy, further eroding constitutional order.

While Fubara’s defiance and Wike’s overreach have fueled the flames, the real losers remain the people of Rivers State—whose welfare has been relegated to the background of this political soap opera.

Until politicians learn to put governance before ego battles, Rivers State—and Nigeria at large—will remain trapped in this cycle of power tussles and legislative dysfunction.

Charles Ude, Esq. is an Abuja-based legal practitioner and public opinion analyst.

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