President Bola Ahmed Tinubu has defended his decision to impose emergency rule in Rivers State, telling the Supreme Court that the state had no operational government structure at the time of the March 18, 2025 proclamation. According to the President, the declaration became unavoidable due to the escalating political crisis that had rendered governance impossible and threatened public safety.
In a detailed counter-affidavit submitted on May 20, 2025, by his legal representative, Mr. Taiye Hussain Oloyede — Senior Special Assistant to the President (State House) and an official with the Federal Ministry of Justice — Tinubu explained that the action was prompted by a deepening conflict between the state’s executive and legislative arms. The document was filed in response to a legal challenge brought by Yirabari Israel Nulong, Nengim Ikpoemugh Royal, and Gracious Eyoh-Sifumbukho, who are seeking to nullify the President’s proclamation.
The affidavit, which was filed jointly with the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN); the appointed Sole Administrator of Rivers State, Admiral Ibok-Ete Ibas (rtd); and the suspended Governor, Siminalayi Fubara, argues that the decision was a constitutional imperative aimed at preventing a total breakdown of law and order in the oil-rich state.
“There is a clear and present danger of an imminent breakdown of public order and public safety in Rivers State,” the affidavit reads, noting that the power struggle within the state had escalated to a level where both arms of government were completely paralyzed.
Oloyede affirmed that prior to the declaration, Rivers State was gripped by intense legal wrangling, political violence, and administrative stalemate, leaving the state rudderless. He maintained that President Tinubu, in accordance with Section 305 of the 1999 Constitution (as amended), acted within the bounds of his authority, particularly as both chambers of the National Assembly had given their approval for the declaration.
Following the proclamation, Tinubu assumed direct responsibility for the governance of Rivers State and appointed Admiral Ibok-Ete Ibas as the Sole Administrator to temporarily oversee the administration of the state. Oloyede disclosed in the court filing that this decision was not taken lightly but was driven by the need to restore order and prevent further deterioration of security and governance.
“The President acted within his constitutional powers to ensure peace and continuity of governance. The conflict between the executive and legislative arms was so intractable that it had brought the functioning of the state to a grinding halt,” he stated.
While the Nigerian Bar Association (NBA) and some civil society groups have expressed opposition to the emergency rule, alleging overreach and violation of democratic principles, the President’s legal team insisted that the measure was consistent with existing legal precedent and in line with constitutional provisions that permit such interventions in extreme cases.
Citing earlier decisions of the Supreme Court which acknowledged the federal government’s power to act in moments of grave crisis, the affidavit underscores that the President did not act arbitrarily, but rather responded to a governance vacuum that posed serious risks to the lives and well-being of the people of Rivers State.
The legal proceedings surrounding the state of emergency are being closely monitored across the country, as they raise significant constitutional and political questions about federal authority, democratic governance, and the limits of executive power in Nigeria’s federal system.
