Legal Affairs
Tinubu undermines justice as supreme court fuels Rivers crisis
DDM News
The political crisis in Rivers State continues to escalate, with the Supreme Court issuing rulings that deepen existing tensions.
Diaspora digital media (DDM) gathered that observers recall how federal interference in regional politics led to the collapse of Nigeria’s First and Second Republics.
Similar interference in the Western Region and Ondo State caused significant instability in past political eras.
President Bola Tinubu recently ordered Governor Siminalayi Fubara to obey the Supreme Court ruling, worsening the situation.
This directive reminds many of President Muhammadu Buhari’s dismissive response to Governor Samuel Ortom of Benue State.
When Ortom sought federal help against Fulani militia attacks, Buhari told him to “live in peace” with them.
Critics argue that Tinubu’s stance contradicts his actions and undermines the true meaning of the rule of law.
The critical question remains: Which rule of law is Tinubu referring to, and under which constitution does it operate?
Supreme Court’s Controversial Decisions
The Supreme Court has delivered several judgments that contradict the constitution, raising concerns about judicial credibility.
- Presidential Election and FCT 25% Rule
The court ruled that the 25% vote requirement in the Federal Capital Territory (FCT) was unnecessary.
This decision contradicted the clear wording of Nigeria’s electoral laws and undermined democratic principles.
- Electronic Transmission of Election Results
Another judgment disregarded the requirement for real-time electronic transmission of election results from polling units.
This ruling weakened electoral transparency and opened the door for manipulation of election outcomes.
- Local Government Autonomy and Federal Allocations
Despite constitutional objections, the Supreme Court ruled in favor of direct federal allocations to local governments.
This decision ignored the fact that local governments are not recognized as an independent tier of government.
- Defection of Rivers State Lawmakers
The court ruled in favor of 27 Rivers State lawmakers who defected without any legal justification.
Many believe this decision has contributed significantly to the political turmoil in the state.
- Death Sentence for Sunday Jackson
The Supreme Court upheld the death sentence of Sunday Jackson, who defended himself against a Fulani militant attack.
Critics argue that this ruling is unjust and demands urgent intervention through the prerogative of mercy.
The Flaws of the 1999 Constitution
Many experts argue that Nigeria’s legal problems stem from the flaws of the 1999 Constitution.
This constitution was imposed without a referendum and does not reflect the will of the Nigerian people.
It centralizes power excessively, making genuine rule of law almost impossible to enforce.
As long as this constitution remains in place, political and judicial manipulations will persist.
The Supreme Court’s rulings continue to facilitate executive overreach and legislative abuse of power.
Instead of protecting justice, the judiciary is becoming a tool for political oppression.
Implications for National Stability
The crisis in Rivers State is a symptom of broader governance failures in Nigeria.
Judicial distortions and executive manipulations have the potential to destabilize the entire country.
Nigeria’s history shows that unresolved political and legal crises often lead to violence.
The Economic and Financial Crimes Commission (EFCC) has now targeted former Rivers Governor Peter Odili.
Many believe the EFCC’s renewed interest in Odili’s case is politically motivated.
This move appears to be retaliation for Odili’s perceived role in the Port Harcourt dispute.
Such selective justice further erodes public confidence in Nigeria’s institutions.
NINAS’ Call for Constitutional Reform
NINAS has consistently argued that Nigeria must move beyond the current constitutional framework.
The group advocates for a transition process similar to South Africa’s 1990 CODESA reforms.
NINAS proposes a five-step strategy to address Nigeria’s governance crisis.
- Acknowledge the 1999 Constitution’s Fundamental Flaws
Nigeria must formally recognize that the current constitution is defective and illegitimate.
- Suspend Preparations for the 2027 Elections
Elections under the 1999 Constitution will only perpetuate political and judicial crises.
- Initiate a National Transition Process
A structured transition process is necessary to reconstruct Nigeria’s governance system.
- Ensure Regional Self-Determination
Each region must have the right to determine its own governance framework.
- Hold an Inclusive National Dialogue
All stakeholders must participate in shaping the future of Nigeria’s political structure.
Without these steps, Nigeria will continue to suffer from instability, corruption, and insecurity.
The Danger of Inaction
The longer Nigeria delays constitutional reform, the worse its political crises will become.
The judiciary’s continued compromise threatens the country’s democratic foundations.
Executive overreach and judicial manipulation are already undermining public trust in governance.
Unless urgent measures are taken, Nigeria risks repeating its historical mistakes.
Judicial credibility must be restored to prevent further erosion of democracy.
Nigeria cannot afford to keep operating under a fraudulent constitution.
Conclusion
The crisis in Rivers State highlights the dangers of Nigeria’s failing judicial system.
While Tinubu speaks of the rule of law, his administration consistently undermines its very foundation.
The Supreme Court must reclaim its integrity and uphold justice.
If Nigeria does not pursue constitutional reform, its future remains uncertain.
The time for change is now, before the country descends into deeper chaos.
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