• HEDA insists gov needs no fresh oath to resume office
• Mikko rules out need for presidential broadcast, fresh oath for Fubara
• Adelusi says return not automatic, cites Fayose’s suspension case
• Tinubu’s absence can’t justify elongation of emergency rule, Jamala warns
• Lawyers argue fresh oath would bar Fubara from seeking re-election
As Rivers State awaits the expiration of its six-month emergency rule on Thursday, sharp disagreements have emerged over Governor Siminalayi Fubara’s return, with lawyers, politicians and activists split on whether it requires fresh presidential or parliamentary action, or occurs automatically under constitutional provisions.
The expiry re-opens the power struggle in the state, testing the balance between federal authority, constitutional procedure, and state autonomy.
It also raises broader concerns about the legality and precedent of suspending a sitting, democratically elected governor.
Meanwhile, disagreements about handover procedures could lead to political instability in the state if the transition isn’t handled smoothly.
Chairman of the Human and Environmental Development Agenda (HEDA), Lanre Suraj, maintained that the governor does not need to take a new oath since he was suspended and not impeached. He explained that the process of his return has nothing to do with the National Assembly, stressing that it makes no difference whether the legislature is in recess or not.
According to Suraj, “Ibas only needs to hand over to either the Secretary to the State Government or the Head of Service on Wednesday evening for power to be transferred seamlessly to Fubara on Thursday unfailingly.”
He insisted that the only role of the National Assembly was to carry out oversight functions on how Ibas managed the finances of Rivers State within the six months he was in office. Suraj added that it does not matter if President Tinubu is on a working leave or not. “All that matters is for the Sole Administrator to hand over to either the SSG or HoS on Wednesday evening.
“Anything beyond Wednesday evening, if Ibas fails to hand over power, he can be arrested and tried for a criminal act,” Suraj warned.
A former member of the House of Representatives from Rivers State, Bernard Mikko, also argued that the President does not need to make any national broadcast to enable Fubara’s return, nor does the National Assembly have any role to play. He agreed with Suraj that there is no need for the suspended governor to take another oath of office.
However, both men differed on whether Fubara’s tenure should be extended by six months. While the HEDA chairman said the six months need not be added to Fubara’s tenure, Mikko insisted that the National Assembly and legal practitioners would need to interpret that aspect.
But taking a different position, Idowu Adelusi, a former Chief Press Secretary to erstwhile Governor Ayo Fayose, who was suspended by ex-President Olusegun Obasanjo in Ekiti State, said Fubara’s return cannot be automatic, as some people are suggesting.
He faulted the argument that the National Assembly has no role to play, noting that Fubara was suspended by President Tinubu through an instrument of law, which was ratified and approved by the House of Representatives. “It is therefore incumbent on the same President to apply the same instrument of law to lift the suspension on Fubara, which must also be notified to the legislature,” he said.
Adelusi insisted that Fubara cannot just return to office on Thursday without the President and the National Assembly playing their roles. Citing Fayose’s case under Obasanjo, he recalled that the National Assembly was duly notified even when Fayose’s suspension was extended.
He cautioned: “Something cogent must be done by the President and the National Assembly between today and Wednesday evening, since Ibas cannot continue beyond Wednesday evening as Sole Administrator and, likewise, Fubara cannot just walk freely back to the office. Yet, there can never be a vacuum in Rivers. I speak from experience.”
In another reaction, a lawyer, Living Jamala, warned that the absence of President Tinubu, who is currently on a 10-day working leave, and the ongoing recess of the National Assembly should not be used as a justification to extend the emergency rule in Rivers State.
Jamala, who is also a policy and political analyst, maintained that the declaration of emergency rule and the suspension of the democratically elected governor, his deputy, Prof Ngozi Odu, and the State Assembly members were illegal. He explained, however, that the procedure to end the state of emergency is still through a proclamation by the President, adding that such a proclamation can be made from anywhere.
“Not conceding that the President was right in declaring a state of emergency in Rivers State, the procedure for ending the emergency rule is still the proclamation by the President. Even though he is on a 10-day working leave, wherever he is, he can make the declaration to restore democratic government. The absence of the President outside the country should not be a yardstick for elongation of the emergency regime,” Jamala said.
“The emergency regime was declared within a specific time of six months. Assuming the President is unable to make a declaration putting an end to such a proclamation, upon the expiration of the six months, the emergency regime in Rivers State elapses by the exigency of time. There is no provision for the National Assembly or any other law that says the National Assembly must sit and approve the declaration by the majority of the House to end the emergency rule.
“So, the absence of the President and the Assembly being on vacation cannot determine the end of the emergency regime,” he added.
Asked if Governor Fubara is expected to take a fresh oath, Jamala replied in the negative, explaining that a mere declaration by the President that democratic rule has been restored would be enough to return Fubara to office.
“Fubara doesn’t need to take a fresh oath. It is like a state governor declaring that a curfew has been lifted in a state. So, the President should just make a declaration that the democratic government has been restored. Taking a fresh oath will bar Fubara from contesting elections a second time,” he explained.
Jamala also stated that Ibas should hand over his report to the President in line with the provisions of the gazette. “Ibas is not responsible to Governor Fubara but to the President,” he added.
According to him, “The State Assembly leadership is still intact, but they have the right to modify their leadership by motion on the floor of the Assembly. For instance, Edison Ehie resigned his position and resigned from the Assembly, so a fresh position needs to be filled by the Independent National Electoral Commission (INEC).”
Also speaking, a former presidential aide and ex-federal lawmaker, Senator Ita Solomon Enang, clarified that the National Assembly has no role in terminating the ongoing state of emergency in Rivers State unless President Bola Tinubu seeks an extension of the proclamation.
Enang explained that the legislature had already fulfilled its constitutional duty by approving the emergency rule for six months as declared by the President in March. He stressed that once the stipulated period elapses, the proclamation ceases automatically without the need for further parliamentary intervention.
“The National Assembly has played its role by approving the state of emergency imposed on Rivers State for six months. Once that period is exhausted, the state of emergency ceases automatically. There are no legislative processes for ending it. The National Assembly’s intervention will only be required if there is need for an extension,” Enang said while responding to questions in a brief telephone interview with The Guardian.
Enang, who represented Akwa Ibom North-East Senatorial District between 2011 and 2015, and later served as Senior Special Assistant to former President Muhammadu Buhari on National Assembly Matters and Niger Delta Affairs, maintained that whether the legislature is on recess or not does not affect the automatic termination of the proclamation.
It will be recalled that on March 18, 2025, the Senate approved Tinubu’s proclamation of emergency rule in Rivers State after a closed-door session that lasted over an hour. The decision, announced by Senate President Godswill Akpabio, was unanimously adopted by Senators.
Part of the resolution was that Section 11 of Section 4 of the 1999 Constitution (as amended) be invoked, thereby empowering the National Assembly to constitute a joint ad hoc committee of both chambers to oversee the administration of Rivers State during the period of emergency.
Citing Section 305(6)(b) of the Constitution, the Senate noted that a presidential proclamation of emergency rule lapses automatically if not ratified by the National Assembly within two days when in session or within ten days when out of session. With the Senate’s ratification secured, Akpabio stressed that the measure must not exceed six months, unless renewed by the President with fresh legislative approval.
Announcing the chamber’s position, Akpabio said: “The Senate hereby approves the proclamation of the state of emergency declared by Mr. President in Rivers State of Nigeria as amended, pursuant to Section 60 of the Constitution, Section 305 and pursuant to our Rules of the Standing Orders of the Senate and also pursuant to Section Rules 134, 135 and 136 of the Senate of the Federal Republic of Nigeria.”
Enang’s intervention, therefore, underscores that except Tinubu moves for an extension, the state of emergency in Rivers State will lapse automatically at the expiration of its six-month period.
