Rivers Emergency Declaration: Reconciliation can’t cure illegality — HURIWA
By Emmanuel Elebeke
ABUJA — The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned what it described as the unconstitutional suspension of Governor Siminalayi Fubara, his deputy, and the Rivers State House of Assembly under the guise of a state of emergency.
In a statement issued by its National Coordinator, Comrade Emmanuel Onwubiko, HURIWA expressed shock and disappointment over Governor Fubara’s decision to seek reconciliation with President Bola Ahmed Tinubu and FCT Minister Nyesom Wike instead of pursuing legal redress against what it termed an illegal removal from office and the dissolution of democratic institutions in Rivers State.
Describing the move as “cowardly and misguided,” HURIWA argued that Governor Fubara should have challenged his “illegal uprooting” in court rather than capitulate to a political arrangement.
The group also criticized the Supreme Court for allegedly stalling a case brought by over a dozen opposition PDP governors challenging the suspension, accusing the court of political partisanship.
“We have credible intelligence indicating that the Supreme Court deliberately delayed the matter, allegedly in agreement with President Tinubu, to allow time for a political solution aimed at bolstering his 2027 re-election agenda,” the statement alleged.
HURIWA slammed the President’s declaration of a state of emergency in Rivers State on March 18, 2025, describing the suspension of Governor Fubara, Deputy Governor Ngozi Odu, and the State Assembly as “absolutely illegal.”
“There is no constitutional basis for suspending elected officials or dissolving democratic institutions under any of the 320 sections of the 1999 Constitution, as amended,” the group insisted.
Citing Section 305, HURIWA acknowledged the President’s power to declare a state of emergency but stressed it does not extend to the removal of elected officials, which must follow due constitutional processes such as death, resignation, impeachment, or incapacitation.
The group further noted that even if the offices of both the governor and deputy governor become vacant, the Constitution mandates the Speaker of the House of Assembly to act as governor for a maximum of three months, pending a fresh election by INEC.
HURIWA also emphasized that the failure of a State Assembly to function does not justify the suspension of democratic institutions, pointing to Section 11(4) of the Constitution, which empowers the National Assembly to temporarily assume legislative duties—not dissolve the legislature.
Condemning the June 27 “peace meeting” involving President Tinubu, Minister Wike, Governor Fubara, and Assembly Speaker Martin Amaewhule, HURIWA described it as a “charade” meant to conceal the illegality of earlier actions.
“This so-called reconciliation cannot override constitutional violations. It is a smokescreen to legitimize the President’s unconstitutional actions, including the imposition of a Sole Administrator, Vice Admiral Ibok Etteh Ibas (retd), for six months,” the group stated.
HURIWA also accused President Tinubu of double standards, citing the lack of emergency declaration in Benue State despite prolonged violence and killings. The group described the disparity as discriminatory and a violation of Section 42(1) of the Constitution, which prohibits political bias.
Concluding, HURIWA warned that history would judge harshly the Supreme Court, President Tinubu, and Governor Fubara for what it described as “gross illegality disguised as political settlement.”
“We remain committed to defending constitutional democracy in Nigeria and reject any attempt to normalize unlawful usurpation of power under the guise of reconciliation,” the statement concluded.
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