Chairman, Board of Trustees (BoT) of the Peoples Democratic Party(PDP) and former Senate President, Senator Adolphus Wabara, has condemned the declaration of a State of Emergency in Rivers State, describing it as an assault on democracy.
The BoT position toes the same line as the party’s governors and the National Working Committee (NWC).
This was as the Nigerian Bar Association (NBA), on Sunday night, condemned the National Assembly’s ratification of the state of emergency rule through voice votes, saying it did not also legitimise President Bola Tinubu’s action.
According to the NBA, who said the approval was akin to “placing something on nothing”, the situation in Rivers State did not warrant the declaration of emergency rule.
This was as the Conference of Professionals in the PDP (CP-PDP),has urged the leadership of the PDP to sanitize the party by immediately expelling the Minister of the Federal Capital Territory (FCT), Nyesom Wike, from the party.
In a similar stroke, the Socio-Economic Rights and Accountability Project (SERAP), has filed a lawsuit against President Bola Tinubu over “the suspension of elected governor, deputy governor, and members of the House of Assembly in Rivers State.
Nevertheless, the Niger Delta Peoples Movement (NDPM) and the New Canaan Environmental Development Organisation (NCEDO) have called for urgent dialogue to prevent further destabilisation of the Niger Delta region.
Last Thursday, the Senate, in a closed session, deliberated on Tinubu’s proclamation and later approved it during plenary through a voice vote.
Tinubu had Tuesday night declared a state of emergency in Rivers. The President blamed the governor for the protracted political crisis in the oil-rich state.
He subsequently suspended the governor, his deputy, Ngozi Odu and the House of Assembly members for six months.
The president had immediately appointed former Chief of Naval Staff, Ibok-Ette Ibas, as sole administrator to run the affairs of the state.
In a statement, on Sunday, Wabara, said President Tinubu’s declaration of emergency rule, suspending Rivers governor and state lawmakers smacked of an assault on Nigeria’s Constitution and democracy.
The former Senate President noted that replacing dismantling democratically elected office holders and installing in their place “a sole administrator is undemocratic and alien to our Constitution.”
He described Tinubu’s action as “a gross violation of Nigeria’s Constitution – the foundational legal document that guarantees the rights of Nigerians to participate in the democratic process.”
According to him, such “an attack on the very essence of our Republic (is) an action that deserves the strongest condemnation and corrective action by all well-meaning Nigerians, the judiciary, civil society, and the international community.
“In my capacity as the Chairman of BoT of our great party, the PDP; and a former Senate President, I, Senator Adolphus Wabara, call for the reversal of this assault on our democracy,” he said.
He expressed regrets that Tinubu did not heed his advice to resist the temptation of taking sides in the political crisis in Rivers State.
“It’s sad and disheartening that Mr President ignored my earlier advice to ignore those calling for emergency rule in Rivers State. I had also advised him not to lean towards those attempting to hijack power through the back door in Rivers State.
“I had then sought his intervention as the father of the nation because the political crisis in Rivers State, if mismanaged, is capable of plunging the entire country into a needless political turmoil,” he lamented.
Wabara, in denouncing Tinubu’s action, said he disregarded the rule of law and undermined the sovereignty of the people of Rivers State.
He stated that by taking “this grossly- undemocratic action” Mr. President has violated the nation’s Constitution, which he “solemnly swore to uphold” and by doing so “threatens the very foundation of democracy in Nigeria.
“President Bola Ahmed Tinubu’s action only reminded Nigerians of the better-forgotten era of military dictatorship,” Wabara stated.
The BoT Chairman of the main opposition party juxtaposed recent events and dropped the poser, saying, “could it be a mere coincidence that the day the PDP National Secretariat land in Abuja was revoked by the APC-led administration, was the same day the Governor of Rivers State was served impeachment notice?”
Delving into Section 7(1) of Nigeria’s Constitution which mandated that each state shall have a government formed through the democratic process of elections, Wabara faulted the removal of the PDP governor in Rivers and members of the state legislature.
“The people of Rivers State exercised their democratic rights in electing their leaders, including the State governor, deputy governor, and members of the House of Assembly.
“These leaders were not appointed by the President or any other authority but were chosen by the people to represent their interests.
“The Constitution guarantees their right to serve the duration of their mandate, and the President’s unilateral suspension of these duly elected officials represents a direct violation of the people’s will.”
Wabara argued that though “the President under Section 305 of the Constitution, is vested with the power to declare a state of emergency, such power is not without limits.
“The president can only declare a state of emergency in specific circumstances such as war, insurrection, or other situations that threaten the integrity of the nation.
“The situation in Rivers State does not meet the constitutional criteria for such a declaration. The absence of any pressing national emergency renders the president’s decision not only unwarranted but also an abuse of power.
“A declaration of emergency does not automatically dissolve or suspend elected state governments. The Constitution does not empower the president to unilaterally remove or replace elected officials; such actions amount to an unconstitutional usurpation of power and a fundamental breach of Nigeria’s federal structure,” the former Senate President insisted.
Voice Votes Ratification Condemnable, It’s Placing Something on Nothing, Says NBA
Speaking on Channels Television, the NBA President Afam Osigwe, SAN, asserted that since the declaration of the state of emergency was unconstitutional, any ratification by the National Assembly would also be unconstitutional.
“You cannot build something on nothing. The declaration has to be constitutional for there to be something to ratify,” Osigwe stated.
The NBA also reaffirmed its position that the removal of Governor Siminalayi Fubara by the president was unconstitutional and urged Tinubu to reverse the decision.
“That is our belief. That is what we expect the President to do – to restore him (Fubara) back to power, having unconstitutionally removed him,” Osigwe said.
The NBA president also dismissed the legitimacy of the newly appointed sole administrator, Ibok-Ete Ibas, calling his appointment unconstitutional.
“Even when I saw him taking the oath of office, I wondered which oath he was taking because it is an oath unknown to the Constitution. The Constitution does not recognise an administrator,” he emphasised.
Osigwe likened the government’s response to using a sledgehammer to treat a headache, arguing that the Rivers State crisis required a political solution, not excessive executive intervention.
“The measures being taken are overreaching, excessive, undemocratic, and above all, unconstitutional,” he warned.
Some have suggested that Section 305 of the 1999 Constitution provides a basis for the President’s action, but Osigwe firmly rejected this claim.
“I do not believe Section 305 is unclear. I believe we are simply refusing to apply it correctly,” he said.
Osigwe further criticised the National Assembly’s approval of the emergency declaration, stating that it does not make an unconstitutional act legal.
“A president cannot just wake up on the wrong side of the bed and declare a state of emergency, suspend the governor for one year, dissolve the State House of Assembly, and appoint a retired general to take over. That would lead to chaos,” he noted.
He urged the government to uphold constitutional principles, warning that political interference in legal matters was eroding public confidence in governance.
“People are losing faith in the executive, the legislature, and even the judiciary. We must not allow politicians to undermine the Constitution,” he warned
Interestingly, Senator Aminu Waziri Tambuwal and former Sokoto State governor, had earlier revealed that the Senate failed to meet the constitutional two-thirds majority required to approve President Bola Tinubu’s proclamation of a state of emergency in Rivers State.
Tambuwal, who faulted the entire process, which had since come under condemnation, said nothing prevented the National Assembly from making reference to its own precedents, which were in its records.
Tambuwal, who represents Sokoto South, argued that the necessary two-thirds majority—73 out of 109 senators—was not met.
According to him, the decision of the Senate violated Section 305 of the 1999 Constitution, as amended.
“Section 305 of the Constitution is very clear and unambiguous on how a state of emergency should be declared and the legislative process required.
“I observed that there were not enough senators present to meet the constitutional requirement. From what I saw, there was no such number on the floor on that day.
“What stops the current National Assembly from making reference to its own precedents that are in its records? I can’t understand that,” Tambuwal told Sunday Sun.
CP-PDP Demands Wike’s Expulsion
The Conference of Professionals said after a review of issues in the party and in line with its commitment to the unity, stability and growth of the party, demanded the expulsion of Nyesom Wike.
The group also recognised Sunday Ude-Okoye as the authentic national secretary of the PDP.
In a statement by its chairman, Obinna Nwachukwu, the conference urged the leadership of the PDP to sanitise the party by immediately expelling Wike.
The CP-PDP expressed shock and dismay over the manipulative and overbearing action of the All Progressives Congress (APC)-led leadership of the National Assembly in approving the unconstitutional suspension of a democratically elected governor and legislature of a state by President Tinubu in violation of the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended)
The Conference described the action of the APC-led leadership of the National Assembly as a total betrayal of public trust and demands for the immediate resignation of the Senate President and the Speaker of the House of Representatives.
It also urged Nigerians to defend the nation’s democracy by speaking out against the constitutional violations by the APC.
On the state of the party, the group welcomed the Friday, March 21, 2025 judgment of the Supreme Court, which affirmed the supremacy of political parties in the management of their internal affairs.
This it said included the determination of its officials, membership and even nomination of candidates for election among others, to which the courts had no jurisdiction.
“The Conference notes that the judgment has further strengthened the nation’s democracy by affirming the powers of political parties to internally determine their structures and operations in compliance with the provisions of their Constitutions and Guidelines.
”Against this backdrop, the Conference stands with the stated position of the National Working Committee (NWC) of the PDP in recognising Rt. Hon. SKE Udeh-Okoye as the substantive National Secretary of the PDP, Okoye having emerged through the internal democratic processes in line with provisions of the PDP Constitution.”
SERAP Sues Tinubu ‘Unlawful’ Suspension of Fubara, Deputy Odu, Rivers Lawmakers
Socio-Economic Rights and Accountability Project (SERAP), has filed a lawsuit against President Bola Tinubu over “the unlawful suspension of democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State while exercising his constitutional powers to proclaim a State of Emergency in the state.”
The suit was brought by Yirabari Israel Nulog; Nengim Ikpoemugh Royal; and Gracious Eyoh–Sifumbukho, who were members of SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State. The plaintiffs are registered voters and voted in the 2023 general election.
Joined in the suit as Defendants were the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN and Vice Admiral Ibok-Ete Ibas (Rtd).
In the suit number FHC/ABJ/CS/558/2025 filed last Friday at the Federal High Court, Abuja, the plaintiffs sought “an order setting aside the suspension of the democratically elected officials in Rivers State by President Tinubu while proclaiming a state of emergency in the state.
“An order setting aside the appointment of Vice Admiral Ibok-Ete Ibas (Rtd) as the Sole Administrator of Rivers State.
“A declaration that by virtue of section 1(2) of the Nigerian Constitution 1999 (as amended), Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of the Constitution.
“The rule of law would be a mere figure of speech if the people’s right to participation can be arbitrarily suspended or violated.”
The suit filed on behalf of the plaintiffs by their lawyer Ebun-Olu Adegboruwa, SAN, read in part: “Democracy is an inherent element of the rule of law. Nigeria’s democracy ought to have as its foundation respect for human rights and the rule of law.
“The suspension is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s obligations under article 13 of the African Charter on Human and Peoples’ Rights, and articles 2, 3 and 4 of the African Charter on Democracy, Elections and Governance.”
No date has been fixed for the hearing of the case.
NDPM, NCEDO Seek Urgent Dialogue
The Niger Delta Peoples Movement (NDPM) and the New Canaan Environmental Development Organisation (NCEDO) have called urgent dialogue to prevent further destabilisation of the Niger Delta region.
The group, member of the Unrepresented Nations and Peoples Organisation (UNPO), while reacting to state of emergency declared in Rivers State, called for urgent dialogue to prevent further destabilisation of the region.
Executive Director of NDPM/NCEDO, Ejiro Ineneji, in a statement, emphasised the strategic role of Rivers State in Nigeria’s economy and warned that political instability in the state could have far-reaching consequences.
“As the hub of Nigeria’s energy sector and home to leading multinational oil and gas companies, Rivers State is too crucial to be caught in prolonged political turmoil,” he said adding “This crisis, if left unchecked, threatens not only our regional stability but also the economic backbone of the nation.”
The group condemned the suspension of democratic structures, citing concerns about governance disruptions and the suffering of ordinary citizens.
It noted that halting salary payments and disrupting local government functions have placed undue hardship on residents, many of whom supported the current administration during the 2023 elections.
“The suspension of elected governance raises serious questions about administrative continuity,” Ineneji stated, stressing, “Beyond the political implications, this development affects livelihoods and weakens public trust in democratic institutions.”
Chuks Okocha, Wale Igbintade, Sylvester Idowu, Blessing Ibunge and Emmanuel Ugwu-Nwogo
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